Definitions.
ADMINISTRATORThe representative of the Board of Supervisors who has been appointed by the Board of Supervisors to serve as an agent of the Board for the administration of this chapter.
ALLEYA permanent service way providing a secondary means of vehicular access to the side or rear of abutting properties and not used for general traffic circulation.
APPLICANTThe owner of land proposed to be subdivided or his representative authorized in writing; the subdivider.
BLOCKA tract of land bounded by streets or by a combination of streets and public parks, cemeteries, railroad rights-of-way, shorelines of waterways or boundary lines of municipalities.
BOARDThe Board of Supervisors of Warren County.
BONDA form of security guaranteeing that specified improvements required for subdivision approval will be completed or, if they are not, moneys will be paid to the county to pay for their completion. A "bond" may be a personal, property or corporate bond under this chapter.
BUILDINGA combination of any materials, whether portable or fixed, having a roof, to form a structure for the shelter of persons, animals or property.
BUILDING SETBACK LINEThe minimum distance that a building must be set back from the center line of the street right-of-way as specified in the Zoning Ordinance.
CUL-DE-SACA street with only one outlet and having an appropriate turnaround for a safe and convenient reverse traffic movement.
DAM BREAK INUNDATION ZONEThe area downstream of a dam that would be inundated or otherwise directly affected by the failure of the dam. The dam break inundation zone shall be as shown on the dam break inundation zone map filed with the Virginia Department of Conservation and Recreation.
DEDICATIONThe deliberate appropriation or gift of land by its owner for any general and/or public use, reserving to himself no other rights than those that are compatible with the full exercise and enjoyment of the public uses to which the property has been devoted.
DEVELOPERAn owner of property being subdivided, whether or not represented by an agent authorized in writing.
EASEMENTA grant by a property owner of the use of land for a specific purpose. Such "easement" shall run with the land.
ENGINEERAn engineer licensed by the Commonwealth of Virginia.
FINAL PLATThe final map or plan of a subdivision and any accompanying material as described in these regulations.
FLOODPLAINAn area of relatively flat or low land adjoining a river, stream, watercourse or other body of water subject to periodic flooding, as designated in the Zoning Ordinance of Warren County.
HIGHWAY, LIMITED ACCESSA major highway designed primarily for providing a trafficway for through traffic and, in respect to such highway, owners or occupants of abutting property or other persons have no legal right to access to such highway, except at such points and in such manner as may be determined by the public authority having jurisdiction over such highway.
IMPROVEMENTAll required utilities and facilities as specified in this chapter including but not limited to streets, storm and sanitary sewers, water lines, curbs, gutters and sidewalks.
JURISDICTIONThe area of territory subject to the legislative control of the Board of Supervisors.
LOTA numbered and recorded portion of a subdivision intended for transfer of ownership or for building development for a single building and its accessory building. The word "lot shall be synonymous with the words "tract," "parcel" or "plot."
LOT CORNERA lot abutting upon two or more streets at their intersection, the interior angle of such intersection not exceeding 135°.
LOT DEPTH OFThe mean horizontal distance between the front and rear lot lines.
LOT OF RECORDA lot which has been recorded in the office of the Clerk of the Circuit Court of Warren County.
LOT WIDTH OFThe mean horizontal distance between the side lot lines.
MONUMENTA marker which identifies street rights-of-way, street intersections, points of curvature along streets, lot boundaries and the exterior boundaries of a subdivision. Such a marker may be composed of concrete or an iron pin, pipe or rod. (See §
155-51.)
A map or plan of a tract or parcel of land which is to be or which has been subdivided. The word "plat" shall be synonymous with the words "map," "plan," "plot," "replat" or "replot" and, when used as a verb, to the word "subdivide."
PRELIMINARY PLATThe preliminary drawing or drawings, described in these regulations, indicating the proposed manner or layout of the subdivision to be submitted for preliminary approval.
PRIVATE ACCESS EASEMENTAny easement of right-of-way and principal means of access to any lot or parcel from a Class I, Class II or Class III road or from a public right-of-way and containing a minimum of 20 feet in width; or any such easement of right-of-way of record as of February 25, 1981, provided that there is adequate width for vehicular access.
PROPERTYAny tract, lot, parcel or several of the same collected together for the purpose of subdividing.
RECORD PLATThe plat of the subdivision intended for recording in the office of the Clerk of the Circuit Court.
RESIDENT ENGINEERThe resident engineer of the Virginia Department of Transportation assigned to Warren County, Virginia, or his designee.
RESUBDIVISIONA change in a map of an approved or recorded subdivision plat if such change affects any street layout on such map or area reserved thereon for public use or any lot line thereon or if it affects any map or plan legally recorded as a subdivision prior to the adoption of any regulations concerning subdivisions.
RIGHT-OF-WAYA strip of land occupied or intended to be occupied by a street, crosswalk, railroad, road, electric transmission line, oil or gas pipeline, water main, sanitary or storm sewer main, drainage structures, shade trees or for another special use. The usage of the term "right-of-way" for land-platting purposes shall mean that every "right-of-way" hereafter established and shown on a final plat is to be separate and distinct from the lots or parcels adjoining such "right-of-way" and not included within the dimensions or areas of such lots or parcels. "Rights-of-way" intended for maintenance by a public agency shall be dedicated to public use by the maker of the plat on which each "right-of-way" is established.
ROAD, CLASS IRoads which are part of the state-maintained highway system.
ROAD, CLASS IIRoads which meet the specifications for acceptance into the state-maintained highway system but which are not yet part of the state-maintained highway system.
ROAD, CLASS IIIPrivate roads on a fifty-foot right-of-way which are created after the date of passage of this chapter and constructed in accordance with this chapter.
STREETThe principal means of access to any lot in a subdivision. The term "street" shall include road, lane, drive, place, avenue, highway, boulevard, right-of-way, court, terrace or any other thoroughfare for a similar purpose.
STREET OF RECORDAny street shown on any subdivision plat recorded in the office of the Clerk of The Circuit Court of Warren County, Virginia, whether such street is constructed or not.
STREET, SERVICE ROAD OR DRIVEA public right-of-way contiguous to a major highway primarily designed to promote safety by eliminating excessive and unnecessary ingress and egress to the right-of-way by providing safe and orderly points of access to the highway.
STREET, RIGHT-OF-WAY WIDTHThe total width of the strip of land dedicated or reserved for public travel, including roadways, curbs, gutters, sidewalks and planting strips. None of this width shall be included in the dimensions or areas of lots adjoining the right-of-way.
SUBDIVIDERAn individual, corporation or registered partnership owning any lot of land to be subdivided or a group of two or more persons owning any lot to be subdivided who have given their power of attorney to one of this group or to another individual to act on their behalf in planning, negotiating for, representing or executing the legal requirements of the subdivision regulations; the applicant.
SUBDIVISIONThe division of any parcel of land into two or more lots or parcels for the purpose of transfer of ownership or building development whether such transfer or development is immediate or future. The term "subdivision" includes resubdivision and, when appropriate to the context, shall relate to the process of subdividing or to the land subdivided.
(1) However, the term "subdivision" shall not include the following:
(a) The straightening or rearranging of property lines or the division of parcels for exchange between adjoining lot owners if the number of lots remains the same or decreases and the division is not in conflict with the general intent of this chapter. Such property line adjustments must contain the original parcel and/or have a common border with the original parcel. In order for such realignment of property lines not to be considered an act of "subdivision," only one boundary adjustment per parcel of record as of the effective date of this chapter (September 19, 1995) shall be allowed in any one-year period.
Family subdivision. A single division of a lot or parcel for the sale or gift to a member of the immediate family of the property owner, including the family member's spouse. Only one such division shall be allowed per family member and shall not be for the purpose of circumventing this chapter. A member of the immediate family is defined as any person who is a natural or legally defined offspring, spouse, sibling, grandchild, parent or grandparent of the property owner; provided, however, that only one conveyance of land shall be permitted to each set of parents of each one of the individual property owners, and provided further that a maximum of two conveyances of land shall be permitted to a maximum of two different sets of parents where there is more than one individual property owner. No person who has previously received a conveyance of land as a grantee under § 15.2-2244 of the Code of Virginia or any local ordinance enacted pursuant thereto shall be eligible to be a grantee of a lot or parcel created pursuant hereto. The Administrator shall have the authority to certify that a family subdivision is exempt as evidence by his or her signature on the plat, provided that the following requirements are met:
[1] All applicable requirements of Chapter
180, Zoning.
The property owner requesting such subdivision shall have held fee simple title to the property to be subdivided for a period of five years prior to the filing of the family subdivision application with the county, except under the following:
[a] Upon the granting of a variance in accordance with the provisions of §
155-18 of this chapter; provided, however, that § 155-18B(l), (2) and (5) need not be shown, and provided further that the property owner requesting the variance produces proof that because of the particular conditions pertaining to the property owner, which conditions have arisen since the property owner acquired the property to be conveyed, a particular hardship to the owner would result, as distinguished from a mere inconvenience.
The grantee is at least 12 years of age.
If the property is held in a trust, all trust beneficiaries must:
[a] Be immediate family members;
Agree that the property should be subdivided; and
Agree to place a restrictive covenant on the subdivided property that prohibits a transfer of the property to a nonmember of the immediate family for a period of 15 years.
The lot may not be voluntarily transferred to a nonimmediate family member for at least five years after approval of the family subdivision plat, except under the following:
[a] A transfer of a shared interest may be subsequently or simultaneously made to the spouse of the grantee. This restriction shall be noted in the deed.
Upon the granting of a variance in accordance with the provisions of §
155-18 of this chapter; provided, however, that § 155-18B(l), (2) and (5) need not be shown, and provided further that the property owner requesting the variance produces proof that because of the particular conditions pertaining to the property owner, which conditions have arisen since the property owner acquired the property to be conveyed, a particular hardship to the owner would result, as distinguished from a mere inconvenience.
Except as provided in Subsection B(1)(b)[5][a] and [b] above, if a family subdivision grantee conveys a lot or parcel received pursuant to an approved family subdivision within five years after the date of approval of the family subdivision, the grantee shall be presumed to have intended at the time of the approval of the family subdivision to circumvent this chapter of the Warren County Code. Such conveyance shall entitle the Administrator to take any reasonable actions necessary to ameliorate the effect of such circumvention, including, without limitation, recommending to the Board of Supervisors the adoption of an ordinance vacating said subdivision in whole or in part as provided in § 15.2-2272 of the Code of Virginia. A note to this effect must be placed conspicuously upon the family subdivision plat before it may be approved. This subsection shall not apply to a conveyance made to secure an obligation nor pursuant to the foreclosure of a lien, provided that the recordation of such lien against such lot or parcel occurs after the recordation required by Subsection B(1)(b)[5][a] above.
No zoning permit or building permit shall be issued for any lot or parcel with respect to which any of the foregoing provisions of this subsection has been violated unless and until correction of such violation has been accomplished to the satisfaction of the Administrator. No zoning permit or building permit shall be issued for any lot or parcel created pursuant to a family subdivision plat unless evidence of the required recordations has been supplied to the Administrator.
Upon satisfactory evidence of a conveyance as described in Subsection B(1)(b)[6] above or other action constituting a circumvention or violation of any provision of this Subsection B(1)(b), the Board of Supervisors may adopt an ordinance vacating in whole or in part any such family subdivision plat in accordance with § 15.2-2272 of the Code of Virginia.
Family subdivisions shall only be permitted for land located in the Agricultural Zoning District.
The division of land solely for agricultural or forestal purposes and not for building or development. Such division shall not be for the purpose of circumventing this chapter.
The division of land for dedication for widening or straightening the rights-of-ways for roads within or eligible for inclusion within the state highway system or the division of land for dedication for public utilities.
A division of land which results in all lots, including residue, becoming 20 acres or more if the division does not involve any dedication of land to public use other than for the widening of an existing right-of-way and it conforms to the general meaning and purposes of this chapter. Any lot created under such exemption after March 18, 2008, shall not be adjusted to an acreage below 15 acres.
Any person proposing to divide land who contends that such division is exempted from the provisions of this chapter under Subsection
(1)(a),
(b) or
(c) above shall submit to the Administrator a plat and/or other evidence satisfactory to the Administrator to enable him to determine if the proposed division is exempt. If, in the opinion of the Administrator, the division is exempted, he shall so certify on the plat or deed of conveyance by which the property is to be divided. Except for divisions of land defined by Subsection
(1)(d) or
(e) above, no person shall record a plat or conveyance for a division of land without complying with the provisions of this chapter or without obtaining the Administrator's certificate of exemption.
SURVEYORA surveyor licensed by the Commonwealth of Virginia.