[Amended 5-22-2002]
All land divisions shall require the submittal
of a subdivision plat for review and approval prior to recordation.
Unless specifically exempted, all residential subdivisions and their
associated amenities shall be required to submit a subdivision design
plan for review and approval prior to final plat approval.
[Amended 8-12-2009]
Unless specifically waived or exempted under Article
VIII, §
165-801.03, of Chapter
165, Zoning, all subdivision of land shall require an approved master development plan. The master development plan shall conform with all requirements of Chapter
165, Zoning, Article
VIII, of the Frederick County Code.
[Amended 6-9-1993]
A preliminary sketch may be required for any subdivision that does not require a Master Development Plan. Within the Rural Areas (RA) Zone, a preliminary sketch shall be required for any proposed subdivision which contains roads intended for dedication to the Virginia Department of Transportation for state maintenance or rural preservation lots. Preliminary sketch plans, complete with all materials required by §
144-35 of this chapter, shall be submitted to the Subdivision Administrator for review and comment prior to preparation of final plans.
A. Review. The Subdivision Administrator shall review
the preliminary sketch for conformance to the requirements of the
regulations of the zoning district where the property is located and
the applicable sections of this chapter. The Subdivision Administrator
shall make this determination within 30 days of the sketch submission.
B. Approval. The Subdivision Administrator shall convey
his findings in writing. In the case of denial, a listing of those
deletions, alterations or additions necessary for the sketch to receive
approval shall be included in the correspondence.
[Amended 5-22-2002; 2-24-2010]
The intention of the subdivision design plan is to provide all review agencies with a comprehensive design of the proposed layout and improvements required under §
144-36 of this chapter, as well as all requirements of Chapter
165, Zoning.
A. The subdivider
shall submit two copies of the subdivision design plan, applicable
fees, and all required subdivision application materials to the Subdivision
Administrator for review and comment.
B. A Traffic
Impact Analysis (TIA) shall be prepared and submitted to the Department
of Planning and Development with all subdivision design plan applications,
in accordance with the adopted Traffic Impact Analysis Standards.
C. The Department
of Planning and Development shall act on a proposed subdivision design
plan within 60 days after it has been officially submitted by either
approving or disapproving it in writing, and giving with the latter
specific reasons therefor.
D. The Planning
Commission may request to review any subdivision design plan for approval.
E. In cases
where subdivision design plans are submitted for land not included
in on approved master development plan, the Board of Supervisors shall
approve, approve with modifications or disapprove such plans after
a recommendation has been provided by the Planning Commission.
F. At least
five copies of the subdivision design plan shall be submitted to the
Zoning Administrator for final approval.
Three copies of final plats for a minor rural
subdivision shall be submitted to the Subdivision Administrator for
review and approval. Preliminary sketch review and subdivision design
plan review are not required for minor rural subdivisions.
A. In the case of divisions created under the provisions of §
165-401.06B, Family division lots, of Chapter
165, Zoning, of the Frederick County Code, an affidavit with the notarized signature of the grantor must be provided. The affidavit shall state to whom the lot will be conveyed, the relationship of the grantor to the grantee and the grantors understanding of §
165-401.06B, Family division lots, of Chapter
165, Zoning, of the Frederick County Code and § 15.2-2244 of the Code of Virginia 1950, as amended.
[Amended 11-12-2003; 8-12-2009]
B. Prior to submission to the Subdivision Administrator,
all final plats shall be signed by a representative of the Health
Department as required by this chapter, to certify that lots within
the minor rural subdivision have been approved for sewage disposal.
C. Plats which are reviewed and are determined to meet
the requirements of this chapter shall be approved by the Subdivision
Administrator, as evidenced by his signature on all final plats, within
30 days of the submittal date. No plat shall be recorded or lot sold
in a minor rural subdivision until the requirements of this chapter
have been met.
D. A copy of the final plat, with appropriate notations
signifying that the plat has been appropriately recorded, shall be
returned to the Subdivision Administrator within 30 days after final
plat approval.