A.
The purpose of this chapter is to establish certain
subdivision standards and procedures for all the unincorporated areas
of Warren County, Virginia, as provided for by the 1950 Code of Virginia,
as amended.
B.
These articles are part of a long-range plan to guide
and facilitate the orderly, beneficial growth of the community and
to promote the public health, safety, convenience, comfort, prosperity
and general welfare. More specifically, but not in limitation, the
purpose of these standards is to provide for:
(1)
The change that occurs when lands and acreage become
developed for residential, commercial and industrial purposes.
(2)
Protection for the purchasers of lots to assure that
they are buying a commodity that is suitable for building and use.
(3)
The avoidance of placing an unreasonable burden on
the county to provide educational services, water and sewer services,
fire and police protection, solid waste disposal and other public
services or the necessity of an excessive expenditure of public funds
for the supply of such services.
(4)
The coordination and beneficial design and maintenance
of both public and private streets.
(5)
Control of subdivisions or building sites in floodplain
areas of streams and drainage courses and in unsafe land areas.
(6)
A distribution of population and traffic which will
tend to create conditions favorable to health, safety, convenience,
comfort, prosperity and general welfare.
[Amended 10-21-2008]
This chapter is known and may be cited as the
"Subdivision Ordinance of Warren County, Virginia," and is authorized
pursuant to provisions of Title 15.2, Chapter 22, Article 6, of the
Code of Virginia, as amended.
For the purpose of this chapter, certain words
and terms used herein shall be interpreted or defined as follows:
A.
Word usage. Words used in the present tense include
the future, words in the singular number include the plural, and the
plural, the singular, unless the natural construction of the word
indicates otherwise; the word "lot" includes the word "parcel" or
"tract"; the word "shall" is mandatory and not discretionary; the
word "approve" shall be considered to be followed by the words "or
disapproved"; any reference to this chapter includes all ordinances
amending or supplementing the same; all distances and areas refer
to measurement in a horizontal plane.
B.
ADMINISTRATOR
ALLEY
APPLICANT
BLOCK
BOARD
BOND
BUILDING
BUILDING SETBACK LINE
COMMISSION
CUL-DE-SAC
DAM BREAK INUNDATION ZONE
DEDICATION
DEVELOPER
EASEMENT
ENGINEER
FINAL PLAT
FLOODPLAIN
HEALTH DEPARTMENT
HIGHWAY, LIMITED ACCESS
IMMEDIATE FAMILY MEMBER
IMPROVEMENT
JURISDICTION
LOT
LOT CORNER
LOT DEPTH OF
LOT DOUBLE FRONTAGE
LOT INTERIOR
LOT OF RECORD
LOT WIDTH OF
MONUMENT
PLAT
PRELIMINARY PLAT
PRIVATE ACCESS EASEMENT
PROPERTY
RECORD PLAT
RESIDENT ENGINEER
RESUBDIVISION
RIGHT-OF-WAY
ROAD, CLASS I
ROAD, CLASS II
ROAD, CLASS III
STREET
STREET OF RECORD
STREET, SERVICE ROAD OR DRIVE
STREET, RIGHT-OF-WAY WIDTH
SUBDIVIDER
SUBDIVISION
(1)
(a)
(b)
[1]
[2]
[3]
[4]
[5]
[a]
[b]
[6]
[7]
[8]
(c)
(d)
(e)
(2)
SURVEYOR
Definitions.
The 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. The "Administrator,"
may be, but is not limited to, the County Administrator or his assistant,
if officially designated. The term "agent" as referred to in the chapter
shall mean the "Administrator."
A 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.
The owner of land proposed to be subdivided or his representative
authorized in writing; the subdivider.
A 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.
The Board of Supervisors of Warren County.
A 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.
A combination of any materials, whether portable or fixed,
having a roof, to form a structure for the shelter of persons, animals
or property.
The 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.[1]
The Planning Commission of Warren County.
A street with only one outlet and having an appropriate turnaround
for a safe and convenient reverse traffic movement.
The 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.
[Added 5-21-2013]
The 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.
An owner of property being subdivided, whether or not represented
by an agent authorized in writing.
A grant by a property owner of the use of land for a specific
purpose. Such "easement" shall run with the land.
An engineer licensed by the Commonwealth of Virginia.
The final map or plan of a subdivision and any accompanying
material as described in these regulations.
An 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.[2]
The Health Department of Warren County.
A 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.
Any person who is a natural or legally defined offspring,
spouse or parent.
All 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.
The area of territory subject to the legislative control
of the Board of Supervisors.
A 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."
A lot abutting upon two or more streets at their intersection,
the interior angle of such intersection not exceeding 135°.
The mean horizontal distance between the front and rear lot
lines.
An interior lot having frontage on two streets.
A lot other than a corner lot.
A lot which has been recorded in the office of the Clerk
of the Circuit Court of Warren County.
The mean horizontal distance between the side lot lines.
A 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."
The preliminary drawing or drawings, described in these regulations,
indicating the proposed manner or layout of the subdivision to be
submitted for preliminary approval.
[Added 3-16-1982]
Any 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.
[Added 3-16-1982]
Any tract, lot, parcel or several of the same collected together
for the purpose of subdividing.
The plat of the subdivision intended for recording in the
office of the Clerk of the Circuit Court.
The resident engineer of the Virginia Department of Transportation
assigned to Warren County, Virginia, or his designee.
A 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.
A 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.
Roads which are part of the state-maintained highway system.
Roads which meet the specifications for acceptance into the
state-maintained highway system but which are not yet part of the
state-maintained highway system.
Private 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.
The 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.
Any 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.
A 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.
The 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.
An 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.
The 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.
However, the term "subdivision" shall not include
the following:
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.
[Amended 9-19-1995]
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 Planning Director shall have
the authority to certify that a family subdivision is exempt as evidence
by his signature on the plat, provided that the following requirements
are met:
[Amended 12-2-1991; 7-21-1998; 10-21-2008; 7-20-2010; 9-20-2011]
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.
The grantee is at least 12 years of age.
If the property is held in a trust, all trust beneficiaries
must:
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 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 Director 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
Director. 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 Director.
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.
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.
[Amended 3-20-2001; 3-18-2008]
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.
A surveyor licensed by the Commonwealth of Virginia.
From and after the effective date of this chapter,
any owner or proprietor of any tract of land to which these regulations
apply who subdivides such tract as provided in these regulations shall
cause a plat of such subdivision to be prepared and approved in accordance
with these regulations and to be recorded in the office of the Clerk
of the Circuit Court of the county, wherein deeds conveying such land
are required by law to be recorded. A copy of such plat shall also
be filed in the office of the Commissioner of Revenue.
No subdivision plat shall be recorded as provided in § 155-4 until the following provisions are met:
A.
The subdivision plat shall have been submitted to
and approved by the Planning Commission or Administrator as herein
provided and be in full accordance with the regulations set forth
in this chapter.
B.
A record plat shall become null and marked void if
it is not submitted to the Clerk of the Circuit Court of Warren County
for recordation within six months from the date evidencing final approval
on said plat.
Approval and recordation of any final subdivision
plat shall not be deemed acceptance by the county of any street, road
or other public place or utility shown on the plat for maintenance,
repair or operation thereof unless acceptance is expressly indicated
on the final plat.
This chapter bears no relation to any private
easement or covenant, and the responsibility of enforcing such private
easement, covenant, agreement or restriction is not implied herein
to any public official. When this chapter calls for more restrictive
standards than those required by private contract, the provisions
of this chapter shall control.
Any subdivision for which application, including
payment of prescribed review fees, has been made prior to the adoption
of these revisions and any subsequent revisions shall continue to
be processed and, if approved, be governed by the provisions of this
chapter as it existed prior to the adoption of these revisions.
[Amended 1-17-1984; 8-6-1990; 4-9-1997]
A.
There shall be a fee for the examination and approval
or disapproval of every subdivision or variance application by the
county. Fees shall be payable to "Treasurer, Warren County" at such
time the plats or applications are submitted, in the amount set by
resolution of the Board of Supervisors.
B.
There is no fee charged for sketch plat review by the Administrator. Additional inspection fees may be charged in subdivisions containing Class III roads as specified in § 155-40. Such fees and charges shall in no instance exceed an amount commensurate with the services rendered and expense involved.
This chapter may be amended in whole or in part
by the Board of Supervisors, provided that such amendment shall either
originate with or be submitted to the Planning Commission for recommendation;
and further provided that the Planning Commission shall not recommend
nor the Board of Supervisors adopt any amendment until notice of intention
to do so has been published once a week for two successive weeks in
some newspaper published or having general circulation in the county.
Such notice shall specify the time and place of hearing at which persons
affected may appear and present their views, not less than six days
nor more than 21 days after the second advertisement shall appear
in such newspaper. The Planning Commission and Board of Supervisors
may hold a joint public hearing after public notice as set forth hereinabove.
If such joint hearing is held, then public notice as set forth above
need be given only by the Board of Supervisors. This section shall
remain consistent with the enabling legislation in the Code of Virginia,
as amended, and any future changes in the Code of Virginia shall effectively
cause the same changes in this section.
A.
All departments, officials and public employees of
Warren County vested with the duty or authority to issue permits or
licenses shall conform to the provisions of the Subdivision Ordinance
of Warren County and shall issue no such permit or license for uses,
structures or purposes where the same would be in conflict with the
provisions of this chapter, and any such permit or license, if issued
in conflict with the provisions of said chapter, shall be null and
void.
B.
It shall constitute a violation of said chapter for
any person, firm, corporation, owner or agent to disobey, neglect
or refuse to comply with or resist the enforcement of any of the provisions
of said chapter.
C.
Any person who knowingly and intentionally makes any
false statement relating to a material fact for the purpose of complying
with the requirements of said chapter shall be guilty of a misdemeanor
and, upon conviction thereof, shall be punished in accordance with
the statutes of the Commonwealth of Virginia existing at the time
for misdemeanor violations.
D.
Any person violating the provisions of this chapter
shall be subject to a fine of not more than $500 for each lot or parcel
of land so subdivided or transferred or sold, and each day after the
first during which such violation shall continue after reasonable
notification that it shall cease may constitute a separate violation.
The description of such lot or parcel by metes and bounds in the instrument
of transfer or other document used in the process of selling or transferring
shall not exempt the transaction from such penalties or from the remedies
herein provided.
E.
The Board of Supervisors, Planning Commission or Administrator,
in addition to other remedies, may institute any appropriate action
or proceedings to prevent a violation or attempted violation of the
chapter to restrain, correct or abate such violation or to prevent
any act which would constitute such a violation.
[Amended 10-21-2008]
Any plat of record may be vacated in accordance
with the provisions of the Virginia Land Subdivision Act, Title 15.2,
Chapter 22, Article 6, §§ 15.2-2271 and 15.2-2272,
Code of Virginia.
Nothing in this chapter shall preclude the subdivider
from complying with all other laws and regulations relating to the
subdivision or sale of land. Where applicable, developers must also
comply with the Condominium Act of the Commonwealth of Virginia found
in Title 55, § 79.39, Code of Virginia, as amended, and
the Subdivided Land Sales Act of the Commonwealth of Virginia found
in the Code of Virginia, as amended, in Title 55, § 336,
and any other appropriate laws or regulations.
