Whenever any subdivision of land is proposed
and before any permit for the erection of a structure shall be granted,
the subdivider or his agent shall apply, in writing, to the agent
for the approval of the subdivision plat and submit a preliminary
plat, including the lot, street and utilities layout, where applicable.
No construction permit shall be issued and no lot shall be sold until
a final plat for the subdivision shall be approved and recorded in
the following manner.
A.
The subdivider may, if he/she so chooses, submit a
preliminary sketch to the agent of the proposed subdivision prior
to preparing engineered preliminary and final plats. The purpose of
such preliminary sketch is to permit the agent to advise the subdivider
whether the plans are generally in accordance with the requirements
of this chapter. The agent, upon the submission of any such preliminary
sketch shall examine it and advise the subdivider wherein it appears
that changes will be necessary. The agent may mark the preliminary
sketch, indicating necessary changes, and any such marked sketch shall
be returned to the subdivider with the preliminary plat.
B.
The preliminary sketch shall be as follows: It shall
be drawn on white paper or on a print of a topographic map of the
property. It shall be drawn to a scale of not less than 200 feet to
the inch. It shall show the names, locations and dimensions of all
streets entering the property, adjacent to the property or terminating
at the boundary of the property to be subdivided. It shall show the
location of all proposed streets, lots, parks, playgrounds and other
proposed uses of the land to be subdivided and shall include the approximate
dimensions.
Whenever part of a tract is proposed for subdividing,
a sketch or location map of the entire tract shall be prepared and
submitted.
A.
Whenever the owner or proprietor of any lot, parcel or tract of land decides to subdivide the same such that a special exception is required as delineated in Chapter 170, Zoning, of the Code of Rappahannock County, he or she shall submit a preliminary plat of the proposed subdivision to the agent for review and recommendation by the Commission and submit an application for such special exception to be considered by the Commission and the governing body as provided for in Chapter 170, Zoning, of the Code of Rappahannock County. (See Article VI.)
[Amended 7-6-1994[1]]
[1]
Editor's Note: This ordinance was readopted
12-2-1996
B.
Whenever the owner or proprietor of any tract of land desires to subdivide the same such that a special exception is not required as delineated in Chapter 170, Zoning, of the Code of Rappahannock County, he or she shall submit a plat of the proposed subdivision to the agent for approval by the agent and/or the Commission. Such division is eligible for administrative approval. Any subdivision of more than three lots shall be reviewed by the Commission; subdivisions of three lots or fewer may be reviewed by the agent.
[Amended 1-5-2000]
A.
If the agent and/or Commission fails to approve or
disapprove the proposed plat within 60 days after it has been officially
submitted for approval, the subdivider, after 10 days' written notice
to the Commission or agent, may petition the Circuit Court to decide
whether the plat should or should not be approved.
B.
At the time of the hearing before the Commission,
the agent shall present his recommendations concerning the preliminary
plat and plans, including but not limited to compliance with applicable
ordinances and an estimate of the cost of construction of improvements
and an estimate of the amount of the performance bond that will be
required as a prerequisite before the final approval of the subdivision
plat.
The subdivider or developer shall be notified
as to the recommendations and decisions of the Commission or agent.
Such notification may be by formal letter and/or legible markings
in ink on the subdivider's copy of the preliminary plat showing Commission
recommendations.
The approval of the preliminary plat and plans
by the Commission does not guarantee approval of the final plat and
plans and does not constitute approval or acceptance of the subdivision
by the governing body or authorization to proceed with construction
or improvements within the subdivision or development.
Subdividers shall have six months subsequent
to receiving official notification concerning the preliminary plat
to file with the agent a final subdivision plat in accordance with
this chapter. Failure to do so shall render preliminary approval null
and void. The governing body may, on written request of the subdivider,
grant an extension of this time limit.
If the agent disapproves the plat and the subdivider
contends that such disapproval was not properly based on the ordinance
applicable thereto or was arbitrary and capricious, he may appeal
to the Circuit Court to hear and determine the case, provided that
such appeal is filed with the Circuit Court within 60 days of the
written disapproval.
[Amended 1-5-2000]
Within 60 days after receipt of the Commission recommendations, the subdivider shall present to the governing body (through its agent) four blue or black line prints of the plans and specifications for all required public and private improvements to be installed, prepared by a licensed engineer or a certified land surveyor, for the governing body's approval or disapproval within 60 days from the date of submission of such plans and specifications, which authority the governing body may delegate to its agent. The governing body shall approve, approve with conditions or disapprove the preliminary plat and accompanying documents and shall so notify the subdivider in writing. Approval or conditional approval of a preliminary plat shall not be valid for more than 60 days unless extended by the governing body, upon written application of the subdivider. The requirements of this section shall be accomplished during the six months' time limit for preliminary plats as set forth in § 147-62 above.
The subdivider shall present to the agent four
prints of a preliminary layout at a scale of not less than 100 feet
to the inch as a preliminary plat; the agent may, where conditions
in his or her opinion warrant, allow plats to be submitted at a scale
of 200 feet to the inch. The preliminary plat shall include the following
information:
A.
The title under which the subdivision is proposed
to be recorded and the name and address(es) of the record owner(s)
and subdivider and holders of any easements affecting the property.
The plat shall also show the name of the individual who prepared the
plat as well as the date of the drawing, the North point and scale.
If true North is used, then the method of determination shall be included.
B.
The location of the proposed subdivision on an inset
map, at a scale of not less than two inches equal one mile, showing
adjoining roads, in a one-mile radius and their names and numbers,
towns or other distinguishing landmarks.
C.
The boundary survey or existing survey of record,
provided that such survey shows a closure with an accuracy of not
less than one in 2,500 for both the total acreage and the acreage
of the subdivided area; the number and approximate area and frontage
of all building sites; existing buildings within the boundaries of
the tract; and the names of the owners and their property lines within
the boundaries of the tract and adjoining such boundaries. (When the
residue of a subdivision is proposed to be greater than or equal to
50 acres, then a reference to said exact acreage will be sufficient
and need not be shown on the plat.)
D.
The location, width and names of all existing, platted
or proposed streets, their names, numbers and widths; and existing
and proposed utility or other easements, public areas and parking
spaces, culverts, drains and watercourses, their names and other pertinent
data.
E.
All parcels of land intended to be dedicated or reserved
for public use or to be reserved in the deed for the common use of
property owners in the subdivision.
F.
A topographic map compiled by either accepted field
or photogrammetric methods, with a contour interval of two or five
feet, if required pursuant to an on-site inspection determination
by the agent.
G.
A profile contour map showing the proposed grades
for all streets and drainage facilities, including elevations of existing
and proposed ground surface at all intersections and at points of
major grade change along the center line of such streets, together
with proposed grade lines connecting therewith.
H.
A preliminary plan outlining the provision of all
utilities, including but not limited to the proposed method of accomplishing
drainage, water supply and sewage disposal.
I.
The zoning classifications and proposed use(s) of
the area to be subdivided.
J.
Sedimentation and erosion control measures proposed
on the advice of the Culpeper Soil and Water Conservation District.
The agent or his appointed representative shall
discuss the preliminary plat with the subdivider in order to determine
whether or not his preliminary plat conforms to the requirements of
this chapter. The subdivider shall then be advised, in writing, within
60 days, which may be by formal letter or by legible markings on his
copy of the preliminary plat (signed by the agent), concerning any
additional data that may be required, the character and extent of
public improvements which have to be made and an estimate of the cost
of construction of such improvements and one year's maintenance upon
completion and the amount of the performance bond(s) which will be
required as a prerequisite to approval of the final subdivision plat.
In determining the cost of required improvements and the amount of
the performance bond, the agent may consult with a duly licensed engineer
who shall prepare this data for the agent or preferably may require
a bona fide estimate of the cost of improvements to be provided by
the subdivider.
[1]
Editor's Note: Former § 147-67,
Orderly development, was repealed 1-3-2007.
