Frederick County, VA Article IV Subdivision Review Procedures

§ 144-9 General procedure.

[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.

§ 144-10 Master development plan.

[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.

§ 144-11 Preliminary sketches.

[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.

§ 144-12 Subdivision design plan.

[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.

§ 144-13 Final plat approval.

A. The subdivider shall file four copies of the final subdivision plat with the Subdivision Administrator within six months of receiving official notification of subdivision design plan approval. The final subdivision plat shall contain signatures of all owners, surveyors and review agencies, along with all other required materials. Failure to file the final plats within this time shall make the approval of the subdivision design plan null and void. The Subdivision Administrator may, on written request by the subdivider, grant an extension of this time limit.

B. The Subdivision Administrator has approval authority over all final subdivision plats. Approval of the subdivision design plan does not guarantee approval of the final plats. The Subdivision Administrator shall review all final plats to ensure conformance with the approved subdivision design plan. The Subdivision Administrator shall notify the subdivider, in writing, of any noncompliance within 15 days of final plat submittal and shall approve or deny the final plats within 30 days after their submission.

C. All final subdivision plats shall be legally recorded in the Frederick County Clerk of Court's office within six months of final approval by the Subdivision Administrator. Failure to record final subdivision plats within this time shall make the approval signatures null and void and require reapproval by all applicable agencies, except in cases specifically identified in § 15.2-2241(8) of the Code of Virginia. A copy of the final legally recorded plat, with appropriate agency approval signatures and notations signifying that the plat has been appropriately recorded, shall be returned to the Subdivision Administrator zwithin 30 days of recordation.

[Amended 1-23-2002]

§ 144-14 Boundary line adjustments; lot consolidations.

A. Any boundary line adjustments or lot consolidations between contiguous properties shall be approved by the Subdivision Administrator. Preliminary sketch review and subdivision design plan approval are not required for boundary line adjustments and lot consolidations.

B. Final plats of boundary line adjustments and lot consolidations shall be submitted to the Subdivision Administrator for approval, approval with modifications or disapproval. The Subdivision Administrator shall notify the subdivider of any action made on the plats within 30 days of their complete submittal.

C. 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.

§ 144-15 Minor rural subdivisions.

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.