[Amended 10-6-2025]
Any owner or developer of any lot, parcel or tract of land situated within the unincorporated area of Rappahannock County who subdivides the same as herein provided shall cause a plat of such subdivision to be made, in accordance with the regulations set forth in this chapter and in the Code of Virginia, and recorded in the office of the Clerk of the Circuit Court of Rappahannock County. No such plat of subdivision (hereinafter called the "final plat") or deed to any such subdivision lot shall be recorded by said Clerk unless and until it shall have been approved by the agent in accordance with the regulations set forth in this chapter. No lot shall be sold in any such subdivision before the plat shall have been recorded. Any plat which is to be placed of record in the Clerk's office, Circuit Court of Rappahannock County, shall comply with § 42.1-82 of the Virginia Public Records Act and Virginia Administrative Code, 18 VAC 10-20-380.
No person shall subdivide any lot, parcel or tract of land that is within Rappahannock County, Virginia, except in conformity with the provisions of this chapter.
Every such plat shall be prepared by an engineer or surveyor duly licensed by the Commonwealth of Virginia, who shall endorse upon each plat a certificate signed by him or her setting forth the source of the title of the land subdivided and the place of record of the last instrument of the chain of title. When the plat is of land acquired from more than one source of title, the outlines of the several tracts shall be indicated upon such plat, within an insert block or by means of a dotted boundary line upon the plat. Further, no such plat shall be recorded unless all the monuments shown and described on the final plat are in place as evidenced by the certificate of a surveyor endorsed upon said plat.
This chapter bears no relation to any private easement, covenant, agreement or restriction, nor is the responsibility of enforcing such private easement, covenant, agreement or restriction implied herein to any public official. When this chapter calls for more restrictive standards than are required by private contract, the provisions of this chapter shall control.
[Amended 10-6-2025]
No change, erasure or revision shall be made on any preliminary plat or on accompanying data sheets after approval of the agent has been endorsed, in writing, on the plat or sheets, unless authorization for such changes has been granted, in writing, by the agent. No change, erasure or revision shall be made on any final plat or on accompanying data sheets after approval of the agent has been endorsed, in writing, on the plat or sheets, unless authorization for such changes has been granted, in writing, by the agent.
There shall be a charge for the examination and approval or disapproval of every subdivision platted and reviewed by the agent. At the time of filing the preliminary plat, the subdivider shall deposit with the agent checks payable to the Treasurer of Rappahannock County in the amount(s) prescribed by the fee schedule adopted by the governing body.[1]
[1]
Editor's Note: The fee schedule is on file in the County offices.
[Amended 1-7-2008; 10-6-2025]
Land subject to flooding and land deemed to be topographically unsuitable shall not be platted for residential occupancy or for such other uses as may increase danger to life, health or property or aggravate erosion or flood hazard. Such land within the subdivision shall be set aside on the plat for such uses as shall not be endangered by periodic or occasional inundation or shall not produce conditions contrary to public welfare.
A. 
The subdivider shall provide all necessary information needed to determine what improvements are necessary to properly develop the subject property, including contour intervals, drainage plans and flood-control devices. When any stream or other substantial surface drainage course is located in the area being subdivided, provisions in § 170-45.2, Stream Protection Overlay District, shall dictate alterations to environmentally sensitive areas. The subdivider shall also provide any other information required by the Highway Engineer. No plat of subdivision shall be approved unless and until provision has been made for adequate drainage.
B. 
Any land use that will create a new floodplain, with resulting flood, water or sediment damage, is contrary to the public interest and is prohibited.
C. 
To ensure that residents will have sufficient land upon which to build a house which is flood-free and otherwise suitable, the agent may require the subdivider to provide elevation and slope profiles sufficient to demonstrate the land to be completely free of the danger of floodwaters and that the slope is suitable for the intended use. Additionally, provisions in § 170-45, Floodplain Overlay District, dictate alterations to land designated as floodplains.
[Amended 7-6-1994[1]; 10-6-2025]
A. 
All required improvements shall be installed by the subdivider at his or her own cost. In cases where specification and standards have been established by the Virginia Department of Transportation (VDOT) for streets, curbs, drains, grades, etc., and by this chapter, as amended, either such specifications and standards shall be followed as required.
B. 
The subdivider's performance bond shall not be released until construction has been inspected and approved by the appropriate engineer or the agent, and the VDOT, if applicable.
C. 
Upon final completion and acceptance of improvements, the agent shall release any bond, escrow, letter of credit or other performance guaranty to the subdivider or developer. For the purpose of final release, the term "acceptance" is deemed to mean when said public facility is accepted by and taken over for operation and maintenance by the state agency, local government department or agency or other public authority which is responsible for maintaining and operating such facility upon acceptance. A certificate of final completion of such facilities from either a duly licensed professional engineer or land surveyor, as defined and limited to § 54.1-400 et seq. of the Code of Virginia 1950, as amended, or from a department or agency designated by the governing body may be accepted without requiring further inspection of such facilities. Within 30 days after receipt of written notice by the subdivider or developer of completion of all of the facilities required to be constructed hereunder, unless the designated agent notifies said subdivider or developer, in writing, of nonreceipt of approval by the applicable state agency or of any specified defects or deficiencies in construction and suggested corrective measures prior to the expiration of the thirty-day period, the request shall be deemed tentatively approved. No final release shall be granted until after expiration of such thirty-day period and there is an additional request, in writing, sent by certified mail, return receipt, to the agent of the governing body. The agent shall act within 10 working days of receipt of the request; then, if no action is taken, the request shall be deemed finally approved and a final release shall be granted the subdivider or developer.
[1]
Editor's Note: This ordinance was readopted 12-2-1996.
A. 
No subdivision shall be approved by the agent where individual water supply and septic tank systems are to be used until the suitability of the soil, drainage and contour of each lot has been properly determined by a certified professional soil scientist (CPSS) or authorized on-site evaluator (AOSE) in consultation with the project engineer provided by the subdivider, who shall certify, in writing, to the governing body that each such lot is suitable for such systems. The accuracy of the submission shall be confirmed in the field and in writing, by the Health Department. On all parcels of five acres or less, provision for a one-hundred-percent backup septic system drainfield repair area shall be made. No physical improvements may be erected in said backup drainfield area. The agent may require percolation tests and/or other methods of soil evaluation at the expense of the subdivider to determine the suitability of the soil for subsurface disposal of sewage. For the purposes of this section the approved, "traditional" type of subsurface sewage disposal system shall be defined as consisting of a sewer line, septic tank, distribution box and a series of two-inch- to three-inch-wide drainfield laterals installed in gravel. These systems are designed to dispose and treat the effluent at a depth of 18 inches to 54 inches and depend on the naturally occurring soil.
[Amended 11-1-2004]
B. 
The Health Official shall require, whenever necessary for the satisfactory installation of septic tanks, that individual lots be graded and drained so as to ensure effective removal of surface water from each lot. Where the contour of the subdivision is such that the use of individual wells with individual septic tank systems will be endangered, the subdivision will not be approved for the use of individual wells. Individual water supplies must meet acceptable standards and approval of the Health Official.
Where approved public water and sewer are available the services shall be extended to all lots sold within a subdivision. If public water and sewer are not available, the subdivider shall comply with § 147-21.
[Amended 1-2-1996; 1-5-2000; 11-1-2004; 2-2-2015; 10-6-2025]
A. 
Nothing in this chapter shall prevent the installation of privately owned water distribution systems or sewage collection and treatment facilities; provided, however, that any such installation must meet all of the requirements of the State Water Control Board, the State Health Department and any other such state or local regulation having authority over such installations. Any such system shall be approved by the governing body of Rappahannock County as provided in Title 15.2, Chapter 21, Articles 4 (§ 15.2-2126 et seq.) and 6, (§ 15.2-2149 et seq.) of the Code of Virginia 1950, as amended. Public sewage treatment facilities must provide treatment of liquified effluent equal to that of the drinking water standard as determined by the Health Official. Treatment facilities must be of permanent design.
B. 
All lots of five acres or less in size, in subdivisions of five lots or more, shall provide water distribution systems, at the discretion of the agent and with consultation with the Health Official.
C. 
In all subdivisions of 10 lots or more, each of which is five acres or less in size, the subdivider shall provide water distribution and sewage collection systems. Where the sewage collection system is proposed to be a community on-site system the CPSS, AOSE and engineer shall meet all the requirements of the Department of Environmental Quality (VDEQ) and the State Health Department (VDH). Each system shall have maintenance and monitoring documents in which all necessary maintenance requirements are enumerated, a copy of which must be submitted to the Health Department prior to system approval. All such systems. shall be designed to be permanent systems and have available a two-hundred-percent repair area. Each system shall have an approved business plan to ensure that the system will be financially self-sustaining and which clearly demonstrates how the routine maintenance and monitoring will be financed. Each community on-site system shall, at the option of the Rappahannock County Water and Sewer Authority, be deeded to such Authority along with the required repair area.
D. 
Hydrogeologic testing.
(1) 
Private individual wells.
(a) 
Hydrogeologic report. A hydrogeologic report is a detailed geotechnical report assessing groundwater quantity and quality. The hydrogeologic report shall be prepared by a Virginia certified professional geologist or a professional engineer licensed to practice in Virginia who has demonstrated expertise in hydrogeology.
(b) 
Applicability of hydrogeologic testing.
[1] 
The hydrogeologic testing requirements and procedure must be conducted on any new residential subdivision of three lots or more, any one of which less than five acres in size in all zoning districts. In residential districts and villages, new residential subdivisions which have 10 or more lots, regardless of lot size, will require hydrogeological testing. All residential lots created from a parcel of land (including adjacent parcels under the same ownership at the time of subdivision) within the preceding 10 years shall be counted towards this total.
[2] 
Any commercial or industrial subdivision that will extract more  than 10,000 gallons per day.
(c) 
Testing proposal.
[1] 
The applicant shall submit a testing proposal to the agent. This proposal shall be prepared based on § 147-21C, field testing for adequacy of supply.
[2] 
The proposal shall include a map at a scale of not greater than 1 to 6,000 (one inch equals 500 feet) showing the watershed units which are the subject of the hydrogeologic test and report. This map shall include planimetric features, topography, geological contracts and major structural features. The map shall show proposed well sites, subdivision layout and sources of potential contamination within 1,000 feet of any proposed production well(s) to include, but not be limited to, existing or abandoned wells, septic drainfields, underground storage tanks and houses. The map shall also show springs, watershed boundaries and groundwater flow. All information is to be gathered from existing records and actual field conditions. Information concerning existing wells and septic drainfields is available from the local Health Department.
[3] 
The proposal shall include a management plan to control the runoff of pumped water and assurances that all adjacent property owners will be notified of the time and duration of field testing.
[4] 
After submission of proposal for performing a hydrogeologic test, the applicant shall meet with representatives of the agent to review the proposal. The agent may direct changes in the proposed location of test wells, and other changes as appropriate. This review shall take no more than 30 days from the submission date. No work is to be performed until approvals of proposal are granted in writing by the agent.
(d) 
Field testing for adequacy of supply.
[1] 
The applicant shall drill a minimum of three test wells or 30% of the total number of lots proposed, whichever is greater. Each test well location shall be a site approved by the local Health Department. The applicant may petition the agent to use one or more existing wells where they are in local Health Department approved locations.
[2] 
A yield test shall be performed on each test well to provide assurance that the proposed wells will be capable of providing sustained long-term use.
[3] 
Each test well shall be pumped at a constant rate for a minimum of 48 continuous hours.
[4] 
The test well shall be pumped at the rate of the estimated yield determined by the drilling contractor. Well yields must be capable of providing not less than three gallons/minute.
[5] 
The two closest test wells shall be used as observation wells during the pumping test. Water levels in the observation wells shall be measured throughout the entire pumping test for drawdown effects.
[6] 
Recovery of water levels in the pumping wells and observation wells shall be recorded until at least 90% recovery is reached. Water levels shall be measured in accordance with the following schedule:
Elapsed time
Measurement
1 to 10 minutes
Every minute
10 to 100 minutes
Every 10 minutes
100 to 1,000 minutes*
Every 60 minutes
(* or as long as needed to reach 90% recovery)
[7] 
The applicant shall submit a drilling log (SWCB Form GW2) for each well.
(e) 
Laboratory testing for water quality. Sampling shall be done in accordance with the current revision of the State of Virginia Sewage Handling and Disposal Regulations.
(2) 
Submission requirement; hydrogeologic report.
(a) 
The report shall contain a graphic lithology of each well and a narrative discussing the geologic setting, watershed units, hydrogeologic units, relief, occurrence and movement of groundwater and interpretation of water data from surrounding areas, including groundwater quality.
(b) 
The report shall contain a map or set of maps at a scale of not greater than 1 to 6,000 (one inch equals 500 feet) which shall cover the development proposal. This map shall contain all existing planimetric features, topography with five-foot contour intervals, Virginia planar grid coordinates, all proposed roads, proposed lot lines, proposed house sites and proposed septic drainfields and surface water features, including springs. Flow net (i.e., groundwater contours and direction of groundwater flow) shall be illustrated.
(c) 
Map cross sections.
[1] 
The map shall contain one or more cross sections, at true horizontal scale and vertical scale (exaggerated as required) which depict at least the following information:
[a] 
Drill log data.
[b] 
Well, site locations.
[c] 
Respective elevations of rock and static water surfaces.
[d] 
Stabilized pump-down levels of the water surface.
[2] 
The location of each cross-section shall be shown on the plan view map.
(d) 
The report shall develop groundwater mass balance and recharge estimates for the study area. It must include a discussion of the following information, including appropriate supporting calculations and diagrams:
[1] 
Identification of the form and source of recharge.
[2] 
The calculated effect of all lots (wells) pumping at a normal daily consumption rate on the piezometric surface (if applicable).
[3] 
The average recharge for the subdivision, the recharge in drought years and the average outflow from the subdivision or geologic unit.
[4] 
The net daily water consumption of the subdivision.
[5] 
Proposals addressing what to do with wells of inadequate yield on individual lots (if applicable).
[6] 
The transmissivity of the various materials evaluated by aquifer tests interpreted using professionally accepted methods.
[7] 
The average storage coefficient of the water-bearing materials.
[8] 
The specific capacity of each well.
[9] 
Table showing Virginia planar grid coordinates for each test well (if the well location is more than two kilometers from any geodetic control monument that is accessible to the public, the coordinate values may be assumed).
[10] 
Results of the laboratory testing for water quality.
(3) 
Review. Hydrogeological reports shall be approved by the agent or his or her designee. Four copies of the report shall be submitted to the agent for distribution. The agent shall retain one copy for public view. The agent shall have 15 days to review the report in order to determine that the submission and content requirements have been met. Once the report is accepted, written notification shall be sent to the applicant, and the report shall be considered officially filed. The agent shall have 60 days from the filing date to review the technical contents of the report. All written comments from outside parties must be submitted within 30 days of the filing date.
[Amended 1-7-2008; 10-6-2025]
Easements for water, sewer, power lines and other utilities shall be provided for the subdivision when required by the agent. Easements will be no less than 10 feet in width but will be limited to the minimum as required for the utilities designated for the area. Trees and other established vegetation will be conserved by the use of selective clearing and grading.
The installations of adequate fire hydrants in a subdivision at locations approved by the governing body may be required, provided that necessary public water is available. The agent will consult with the proper authority before approving such locations.
A. 
Prior to acceptance of and dedication for public use of any right-of-way located within any subdivision, or section thereof, which is constructed or proposed to be constructed within the subdivision, or section thereof, and is financed or to be financed in whole or in part by private funds, the owner or developer shall:
(1) 
Certify to the governing body that the construction is complete and the costs have been paid to the person constructing such facilities;
(2) 
Furnish to the governing body a certified check or cash escrow in the amount of the estimated costs of construction or a personal, corporate or property bond (real property to be located in the Commonwealth of Virginia), with surety satisfactory to the governing body, in an amount sufficient for and conditioned upon the construction of such facilities or a contract for the construction of such facilities and the contractor's bond, with like surety, in like amount and so conditioned; or
(3) 
Furnish to the governing body a letter of credit from a bank or savings and loan association in like amount and form.
B. 
The amount of such certified check, cash escrow, bond or letter of credit shall include the total of the estimated cost of construction based on unit prices for new public or private sector construction in the County of Rappahannock and surrounding areas and a reasonable allowance for estimated administrative costs, inflation and potential damage to existing roads or utilities.
C. 
The performance bond described above applies to the proposed construction or the already constructed right-of-way within the subdivision, or section thereof, of any street, curb, gutter, sidewalk, bicycle trail, drainage or sewerage system, waterline as part of a public system or other improvements dedicated for public use and maintained by Rappahannock County, the Commonwealth of Virginia, or any other public agency, and for the provision of other site-related improvements required by this chapter for vehicular ingress and egress or public access streets or structures necessary to ensure stability of critical slopes and for stormwater management facilities.
[Amended 10-6-2025]
Upon the completion of the installation of all subdivision or development improvements, the subdivider or developer shall furnish a statement under oath that all construction conforms to the regulations and requirements of this chapter and the plans as approved by the agent.
Lot sizes for residential lots shall conform to the requirements of Chapter 170, Zoning, in effect in the County of Rappahannock at the time of the filing of the final plat.
The lot arrangement, design and shape shall be such that lots will provide satisfactory and desirable sites for buildings and be properly related to topography and conform to the requirements of this chapter and Chapter 170, Zoning, of the Code of Rappahannock County. Lots shall not contain peculiarly shaped elongations solely to provide necessary square footage of area which would be unusable for normal purposes. Generally, lots of less than 25 acres shall have a width to length ratio of no less than one to four (1:4).
Each lot shall abut on a street dedicated by the subdivision plat or on an existing dedicated street. When a new subdivision abuts on one side of an existing or platted road or street, the subdivider shall be required to dedicate and/or secure sufficient right-of-way necessary to make said street comply with the minimum width fixed for the same by this chapter.
All remnants of tracts below minimum size, leftover after subdivision of a tract into lots, must be added to an adjacent lot or lots, rather than be allowed to exist as unusable parcels. Any property divided by an exercise of eminent domain by any public agency shall have the effect of creating separate parcels. [See Subsection A(2) of the definition of "subdivision" in § 147-4.]
Where the land covered by a subdivision includes two or more parcels in separate ownership and lot arrangement is such that a property ownership line divides one or more lots, the land in each lot so divided shall be transferred by deed to a single ownership simultaneously with the recording of a final plat. Said deed is to be deposited with the Clerk of the Circuit Court and held with the final plat until the subdivider is ready to record the same, and they shall both be recorded together.
Blocks shall be wide enough to allow two tiers of lots of minimum depth, where fronting on major streets, unless prevented by topographical conditions or size of the property, in which case the agent may approve a single tier of lots of minimum depth.
Where a proposed subdivision of greater than three lots will adjoin a major road of greater than fifty-foot right-of-way, the agent may require that the greater dimension of the block shall back upon such major road to avoid unnecessary ingress or egress. This is referred to as "reverse frontage."
Lots intended for business or industrial use shall be designed specifically for such purpose with adequate space set aside for off-street parking and delivery spaces.
[Amended 7-6-1994[1]; 1-7-2008; 10-6-2025]
A. 
Exceptions may be granted by the agent for the following:
(1) 
The bona fide division of a lot, parcel or tract of land dating from 1962 by the owners of record into not more than five lots (cumulative since 1962), except as provided in Subsection B below, for the purpose of gift or sale to any member of the owner's immediate family (parent, spouse or child only) in order to construct a personal residence. Such lot must have frontage on an existing state-maintained road or have a recorded easement to said road of not less than 10 nor more than 20 feet in width through the parent parcel. Only one such exception shall be allowed per family member and shall not be for the purpose of circumvention of this chapter.
B. 
Family subdivisions.
(1) 
A family transfer is also exempted from the density limitations contained in § 147-37, provided that:
(a) 
The transfer is for the purpose of present or future residency of the family member.
(b) 
The lot to be transferred has a reasonable right-of-way existing or to be created of not less than 10 feet nor more than 20 feet to a dedicated, recorded street or to an existing right-of-way not greater than 25 feet.
(c) 
The total family transfers and subdivided lots from the parcel of record prior to 1962 shall not exceed five, except that a sixth lot may be created by special exception from the Board of Supervisors, after review by the Planning Commission, upon an affirmative finding of the following standards:
[1] 
That a strict application of this chapter would produce substantial injustice or hardship;
[2] 
That such substantial injustice or hardship is not shared generally by other properties from the same parent tract; and
[3] 
That the authorization of such variance shall not be of substantial detriment to adjacent property and shall be in keeping with that density which currently exists on other tracts of land deriving from the original parent tract of 1962.
(d) 
No more than one such family division shall be allowed to each lot, parcel or tract of land in any one calendar year.
(e) 
Notice shall be mailed to adjacent property owners of the approval of the lot.
(f) 
No property owner shall qualify for a family subdivision unless and until they shall have owned the property for a period of not less than five years.
(g) 
Property may not be divided between joint owners or their heirs, if more than one person (i.e., a surviving spouse and children may not divide an inherited property through the application of this section); nor shall corporations or partnerships qualify.
(2) 
"Family," for the purposes of this Subsection B, shall be a parent, child or, in the event of a divorce action where division of property is a part of the settlement, spouse, following the issuance of a final divorce decree.
(3) 
The recipient of a lot created under the terms of this section shall not convey the property to any other person or persons for a period of not less than two years, except for purposes of financing improvements to the lot created.
C. 
Clustering. Lot size requirements may be conditionally reduced by the Zoning Administrator in cases where subdivision clustering is required to meet open space requirements and/or can be proven to significantly reduce overall imperviousness of the subdivision by reducing street, private road and/or driveway lengths.
[1]
Editor's Note: This ordinance was readopted 12-2-1996.
[Added 12-5-1988; amended 1-5-2000; 1-7-2008]
The requirements in the following chart and the footnotes pertaining thereto are established as indicated:
Zoning District
Type of Requirement
C
A
RR-5
R-2
RV
CV
CG
HC
I
MHP
Maximum density (dwelling units/acres)*
 1/25
 1/25
 1/5
 1/2
 1/1
–
–
–
–
 2/1
Minimum lot size (acres)
Conventional
5
2
5
2
1
1
1
1
2
10
Family transfer**
–
–
–
–
–
–
–
–
–
–
Minimum lot width (feet)
Conventional
500
400
300
200
100
50
150
150
150
–
Special exception condition or family transfer
300
200
–
–
–
–
–
–
–
–
Minimum front yards (feet) (measured from center of street or nearest lane of Route 211)↑↑
Primary (Route 211)
200
200
100
75
75↑
50↑
75
75
100
100
Secondary
100
100
75
50
50
50
50
50
75
75
Private
100
100
75
50
50
–
–
–
–
–
Minimum side and rear yards, principal use (feet)
Residential or resource preservation district
100
50
50
20
20
–
–
–
–
–
Commercial or industrial zoning district adjoining commercial or industrial zoning district
–
–-
–-
–
12
25
–
–
Commercial or industrial zoning district adjoining residential or resource preservation zoning district
–
–
–
–
–
15
25
25
25
–
Maximum building height (feet) (See § 170-30 for exclusions.)
35
35
35
35
35
35
50
50
60
20
Minimum open space
–
–
25
35
0
–
–
–
–
–
NOTES:
* For maximum density, see §§ 170-22 and 170-36A.
** See also § 147-36B, Family subdivisions.
↑ Within a village front yard as shown or equal to a front yard of any existing structure within 100 feet of either side of the property line.
↑↑ Except in the ↑ footnote above, in no case shall less than 20 feet be within the lot.
[Added 3-5-1990]
Except in conservation and agricultural zoning districts, subdivision of land into less than twenty-five-acre lots may be allowed (see other applicable provisions of this chapter and of Chapter 170, Zoning, of the Code of Rappahannock County) only where public road right(s)-of-way are 50 feet in width from the property to be divided to a state primary highway.
[Added 7-6-1994[1]]
A lot that exceeds the minimum provisions of this chapter may be subdivided to create more lots only where the resultant lots meet such minimum provisions of this chapter.
[1]
Editor's Note: This ordinance was readopted 12-2-1996
[Added 7-6-1994]
No lot which was, or is, created by a subdivision of land, as defined by this chapter in effect at the time of the creation of the lot, shall be subdivided again unless a special exception is granted by the Board of Supervisors in accordance with the provisions in Article VI of Chapter 170, Zoning, of the Code of Rappahannock County.
[Added 7-6-1994[1]]
In the event that any area of a parcel that is subdivided is not included as a part of an individual lot for a single-family dwelling unit, including areas established to meet the open space requirements of this chapter, there shall be recorded with the instruments of subdivision, covenants or other restrictions designating the proposed use of such areas.
[1]
Editor's Note: This ordinance was readopted 12-2-1996