Chapter 142, SUBDIVISION OF LAND

[HISTORY: Adopted by the Board of Supervisors of Shenandoah County 6-13-1972; amended in its entirety 9-23-1997 by Ord. No. 97-7. Subsequent amendments noted where applicable.]

GENERAL REFERENCES
Building construction -- See Ch. 71.
Erosion and sediment control -- See Ch. 87.
Street names and building numbers -- See Ch. 138.
Zoning -- See Ch. 165.
Fees -- See Ch. A170.

ARTICLE I, General Provisions

§ 142-1. Purpose.

A. The purpose of this chapter is to establish certain subdivision standards and procedures for Shenandoah County, Virginia, and such of its environs as come under the jurisdiction of the governing body as provided for by the 1950 Code of Virginia, as amended. [EN]1

B. These are part of a long-range plan to guide and facilitate the orderly and beneficial growth of the community, and to promote the public health, safety, convenience, comfort, prosperity and general welfare. More specifically, the purpose of these standards and procedures are to provide a guide for the change that occurs when lands and acreage become urban in character as a result of development for residential, business or industrial purposes; to provide assurance that the purchasers of lots are buying a commodity that is suitable for development and use; and to make possible the provision of public services in a safe, adequate and efficient manner. Subdivided land sooner or later becomes a public responsibility in that roads and streets must be maintained and numerous public services customary to urban areas must be provided. This chapter assists the community in meeting these responsibilities.

§ 142-2. Title. [Amended 6-25-2002 by Ord. No. 02-11]

This chapter is known and may be cited as the "Subdivision Ordinance of Shenandoah County, Virginia" and is authorized pursuant to the provisions of Title 15.2, Chapter 22, Article 6, of the Code of Virginia, as amended.

§ 142-3. Definitions and word usage.

A. Word usage.

(1) Words used in the present tense include the future.

(2) Words in the singular number include the plural, and the plural the singular unless the natural construction of the word indicates otherwise.

(3) The word "lot" includes the word "parcel."

(4) The word "shall" is mandatory and not discretionary.

(5) The word "approved" shall be considered to be followed by the words "or disapproved."

(6) Any reference to this chapter includes all ordinances amending or supplementing the same.

(7) All distances and areas refer to measurement in a horizontal plane.

B. For the purpose of this chapter, certain words and terms used herein shall be interpreted or defined as follows:

AGENT -- The representative of the governing body who has been appointed to serve as the agent of the board in approving the subdivision plats.

ALLEY -- A permanent serviceway providing a secondary means of access to abutting properties.

BUILDING LINE -- The distance which a building is from the front lot line or front boundary line.

COMMISSION -- The Planning Commission of Shenandoah County, Virginia.

CUL-DE-SAC -- A street with only one outlet and having an appropriate turnaround for a safe and convenient reverse traffic movement.

DEVELOPER -- An owner of property being subdivided, whether or not represented by an agent.

EASEMENT -- A grant by a property owner of the use of land for a specific purpose or purposes.

ENGINEER -- An engineer licensed by the Commonwealth of Virginia.

GOVERNING BODY -- The Board of Supervisors of Shenandoah County, Virginia.

HEALTH OFFICER (or OFFICIAL) -- The Health Director or sanitarian of Shenandoah County, Virginia.

HIGHWAY ENGINEER -- The resident engineer employed by the Virginia Department of Transportation. [Amended 8-12-1997 by Ord. No. 97-5]

IMMEDIATE FAMILY -- Any person who is a natural or legally defined offspring, spouse, sibling, grandchild, grandparent or parent of the owner. [Amended 12-14-1999 by Ord. No. 99-6]

JURISDICTION -- All of Shenandoah County, excluding incorporated towns, unless the towns request the application of this chapter.

LOT -- 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.

LOT, BUILDING -- A lot for building and development, not a lot to be used exclusively for agricultural or forestal purposes created under the definition herein of "subdivide," Subsection (1)(b), of this section. [Amended 8-12-1997 by Ord. No. 97-5]

LOT, CORNER -- A lot abutting upon two or more streets at their intersection; the shortest side fronting upon a street shall be considered the from of the lot, and the longest side fronting upon a street shall be considered the side of the lot.

LOT, DEPTH OF -- The mean horizontal distance between the front and rear lot lines.

LOT, DOUBLE FRONTAGE -- An interior lot having frontage on two streets.

LOT, INTERIOR -- A lot other than a corner lot.

LOT OF RECORD -- A lot which has been recorded in the office of the clerk of the appropriate court.

LOT, WIDTH OF -- The mean horizontal distance between the side lot lines.

PERFORMANCE BOND -- Any security which may be accepted by the governing body of Shenandoah County in lieu of a requirement that certain improvements be made prior to approval of a subdivision plat, including but not limited to surety bonds, cash escrow agreements, cash bonds, certified checks, a letter of credit from a bank or savings and loan association on certain designated funds satisfactory to the governing body as to the bank or savings and loan association, the amount and form.

PLAT -- Includes the terms map, plan, plot, replat or replot; a map or plan of a tract or parcel of land which is to be or which has been subdivided. When used as a verb, "plat" is synonymous with "subdivide."

PROPERTY -- Any tract, lot, parcel or several of the same collected together for the purpose of subdividing.

PUBLIC SEWER -- Any sewer system owned and operated by the Town of New Market, Town of Mt. Jackson, Town of Edinburg, Town of Woodstock, Town of Strasburg, the Toms Brook-Maurertown Sanitary District, or the Stoney Creek Sanitary District. [Added 5-23-2006 by Ord. No. 2006-5]

PUBLIC WATER -- Any water system owned and operated by the Town of New Market, Town of Mt. Jackson, Town of Edinburg, Town of Woodstock, Town of Strasburg, the Toms Brook-Maurertown Sanitary District, or the Stoney Creek Sanitary District. [Added 5-23-2006 by Ord. No. 2006-5]

SPUR LOTS [Amended 8-12-1997 by Ord. No. 97-5]

(1) (Reserved)

(2) Also known as "pipestem" or "flag" lots, irregularly shaped lots having frontage on a public street of less than the minimum lot frontage.

STREET -- The principal means of access to abutting properties.

STREET, COLLECTOR -- A street that provides direct access to more than 25 residences, businesses or uses or collects traffic from one or more local streets or other collector streets. [Amended 8-12-1997 by Ord. No. 97-5 [EN]2]

STREET, LOCAL -- A street that provides direct access to 25 or fewer residences, businesses or uses. [Amended 8-12-1997 by Ord. No. 97-5 [EN]3]

STREET OR ALLEY, PUBLIC USE OF -- The unrestricted use of a specified area of right-of-way for ingress and egress to two or more abutting properties.

STREET, SERVICE DRIVE -- A public right-of-way generally parallel and contiguous to a major highway, primarily designed to promote safety by eliminating promiscuous ingress and egress to the right-of-way by providing safe and orderly points of access to the highway.

STREET, WIDTH -- The total width of the strip of land dedicated or reserved for public travel, including roadways, curbs, gutters, sidewalks and planting strips.

SUBDIVIDE [Amended 8-12-1997 by Ord. No. 97-5]

(1) To divide 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, and includes resubdivision. 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 landowners if the number of lots remains the same or no new lots are created and the division is not in conflict with the general intent of this chapter, provided that the original lots are not reduced below the minimum lot size, frontage and yard requirements required by the Zoning Ordinance of Shenandoah County. [EN]4

(b) A single division of a lot or parcel for the sale or gift to a member of the immediate family of the property owner, provided that the following requirements are met: [Amended 6-25-2002 by Ord. No. 02-10]

[1] Only one such division shall be allowed per member of the property owner's immediate family and shall not be for the purpose of circumventing this chapter.

[2] All lots less than five acres shall have a right-of-way of 20 feet providing ingress and egress to a dedicated recorded public road.

[3] 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.

[4] For a period of five years after approval of the family subdivision plat, the lot may not be voluntarily transferred to anyone other than an immediate family member of the property owner requesting such subdivision.

[5] The applicant shall sign an affidavit for family subdivision, which shall be recorded with the deed of conveyance and plat.

[6] All applicable requirements of Chapter 165, Zoning, shall apply.

(c) The division of land solely for agricultural or forestal purposes and not for building or development; provided, however, that all lots created are zoned Conservation (C) or Agriculture (A) and contain five or more acres or, if the lot contains an existing dwelling, at least six acres. Such division shall not be for the purpose of circumventing this chapter; frontage and yard requirements shall be met, though evidence of an approved on-site sewage disposal system shall not be required.

(d) The division of land for dedication for widening or straightening the right-of-way for roads within or eligible for inclusion within the state highway system or the division of land for dedication for public utilities.

(e) A partition of land by will or through actions of a court of competent jurisdiction.

(f) When a property has been changed in size or shape by reason of the taking of a part of such property for public use, provided that the outlines and dimensions of such remainder may be clearly determined by reference to the previously recorded plats.

(2) Any person proposing to divide land who contends that such division is exempted from the provisions of this chapter under Subsections (1)(a), (b) or (c) above shall submit to the agent a simplified plat and/or other evidence satisfactory to the agent to enable him to determine if the proposed division is exempt. If in the opinion of the agent the division is exempted, he shall so certify on the plat or deed of conveyance by which the property is to be divided. Any road or street created by any division or redivision of property under Subsections (1)(a), (b) or (c), regardless of size, shall be termed a private road or street and shall have fixed to the plat and deeds thereof a statement as cited under § 142-20I(2)(b)[11], unless the road or street is intended for and built to a standard allowing it to be added to the secondary system of state highways or other system of state highways. Except for divisions of land defined by Subsection (1)(d), (e) or (f) 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 agent's certification of exemption.

SUBDIVIDER -- An individual, corporation or registered partnership owning any tract, lot or parcel of land to be subdivided, or a group of two or more persons owning any tract, lot or parcel of land to be subdivided, who have given their power of attorney to one of their group or to another individual to act on their behalf in planning, negotiating for, in representing or executing the legal requirements of the subdivision.

§ 142-3.1. Limitation on number of divisions. [Added 3-22-2005 by Ord. No. 2005-4]

A. Except as provided in Subsection B below, in zoning classifications C-1 (Conservation) and A-1 (Agriculture), no more that one division of land shall be created from an existing parcel or newly created parcel during a thirty-six-month period. All such divisions shall follow the process established in § 142-5B, as pertaining to administrative approved divisions of land.

B. The limitation in Subsection A above shall not prevent the division of land through any of the exceptions listed in Subsection (1)(a) through (f) of the definition of "subdivide" in § 142-3B.

C. The limitation in Subsection A applies only to property zoned C-1 (Conservation) or A-1 (Agriculture). If property is rezoned to a different classification, therefore, the limitation in Subsection A shall no longer apply. Any other applicable subdivision limitations will continue to apply, however.

§ 142-4. Amendments. [Amended 6-25-2002 by Ord. No. 02-11]

This chapter may be amended in whole or in part by the governing body, provided that any such amendment shall either originate with or be submitted to the Planning Commission for recommendation; and further provided that no such amendment shall be adopted without a public hearing having been held by the governing body, in accordance with § 15.2-2204 of the Code of Virginia.

ARTICLE II, Administration and Enforcement

§ 142-5. Administering agent.

A. The Director of Planning and Code Enforcement or his designee as appointed by the governing body is hereby designated to administer this chapter. In so doing, the Subdivision Administrator shall be considered the agent of the governing body, and approval or disapproval by the agent shall constitute approval as though it were given by the governing body. The agent shall not take final action on a subdivision plan until the Planning Commission has made a recommendation to the Board of Supervisors and the Board of Supervisors has acted on the plan.

B. However, the division of land into two parcels (one- and two-lot subdivision), where there is not dedication of land to public use other than widening of an existing right-of-way, may be approved administratively by the agent. Such administratively approved division of the original parcel or newly created parcel shall not occur more than once during a twelve-month period, nor shall such a division be an attempt to circumvent this chapter. In the event that a plan for subdivision is disapproved by the agent, the subdivider may appeal to the governing body who then may override the decision of the agent and approve said plat.

§ 142-6. Duties of agent.

The agent shall perform his duties regarding subdivisions and subdividing in accordance with this chapter and the Land Subdivision and Development Act. [EN]5

§ 142-7. Invitation to town to comment or make recommendations.

The agent shall contact the governing body of a town and invite written comments and/or recommendations prior to considering for approval any proposed subdivision or development situated within one mile of the corporate limits of that town. If the town has an approved utilities plan encompassing the area in which the proposed subdivision or development is situated, said subdivision or development shall comply with provisions of the utilities plan prior to being approved by the County.

§ 142-8. Authority of agent to make additional rules.

In addition to the regulations herein contained for the platting of subdivisions, the agent may, from time to time, establish any reasonable additional administrative procedures deemed necessary for the proper administration of this chapter.

§ 142-9. Violations and penalties.

Any person violating the foregoing provisions of this chapter shall be subject to punishment as a Class 1 misdemeanor for each parcel of land so subdivided or transferred or sold; and the description of such lot or parcel by metes or 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.

ARTICLE III, Procedure for Making and Recording Plats

§ 142-10. Platting required.

Any owner or developer of any tract of land situated within Shenandoah County who subdivides the same shall cause a plat of such division, with reference to known or permanent monuments, to be made and recorded in the office of the clerk of the appropriate court. No such plat of subdivision shall be recorded unless and until it shall have been submitted, approved and certified 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.

§ 142-11. Endorsement of surveyor or engineer required.

Every such plat shall be prepared by a surveyor or engineer, duly licensed by the State of Virginia, who shall endorse upon each plat a certificate signed by him setting forth the source of the title of the land subdivided and the place of record of the last instrument in the chain of title. When the plat is of land acquired from more than one source of title, the outline of several tracts shall be indicated upon such plat within an inset block or by means of a dotted boundary line upon the plat.

§ 142-12. Owner's statement.

Every such plat, or the deed of dedication to which plat is attached, shall contain in addition to the surveyor's or engineer's certificate a statement to the effect that "the above and foregoing subdivision of (here insert correct description of the land subdivided) as appears in this plat is with the free consent and in accordance with the desire of the undersigned owners, proprietors and trustees, if any," which shall be signed by the owners, proprietors and trustees, if any, and shall be duly acknowledged before some officer authorized to take acknowledgments of deeds and when thus executed and approved as herein specified shall be filed and recorded in the office of the clerk of the appropriate court and indexed under the names of land owners signing such statement and under the name of the subdivision.

§ 142-13. Private contracts.

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.

§ 142-14. Changes and revisions to plats.

No change, erasure or revision shall be made on any preliminary or final plat, nor on accompanying data sheets after approval of the agent has been endorsed on the plat or sheets, unless authorization for such changes has been granted in writing by the agent.

§ 142-15. Fees.

The governing body shall establish, by resolution, a schedule of fees, charges, expenses and collection procedures for the review and approval of subdivision plats. This schedule is included in Chapter A170, Fees.

ARTICLE IV, General Regulations

§ 142-16. Mutual responsibility.

There is a mutual responsibility between the subdivider and the County of Shenandoah to divide the land so as to improve the general use pattern of land being subdivided.

§ 142-17. Land must be suitable.

The agent shall not approve the subdivision of land if from adequate investigations conducted by all public agencies concerned it has been determined that in the best interest of the public the site is not suitable for platting and development purposes of the kind proposed.

§ 142-18. Flooding.

Land subject to flooding, as defined in Article XVI, Floodplain Regulations, of Chapter 165, Zoning, and land to be topographically unsuitable shall not be platted for residential occupancy, nor for other such uses as may increase danger of health, life 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 the public welfare. Compliance with Article XVI, Floodplain Regulations, of Chapter 165, Zoning, shall be required.

ARTICLE V, Improvements

§ 142-19. Responsibility for costs; compliance with specifications. [Amended 8-12-1997 by Ord. No. 97-5]

All required improvements shall be installed by the subdivider at his cost. In cases where specifications have been established by the Virginia Department of Transportation for streets, curbs, drainage facilities, utility service for power and water, etc., or by local ordinances and codes, such specifications shall be followed. The subdividers bond shall not be released until construction has been inspected and approved by the appropriate engineer. All improvements shall be in accordance with the following requirements.

§ 142-20. Streets. [Amended 8-12-1997 by Ord. No. 97-5]

All streets in the proposed subdivision shall be designed and constructed in accordance with the following minimum requirements by the subdivider at no cost to the locality.

A. Alignment and layout.

(1) The arrangement of streets in new subdivisions shall make provision for the continuation of existing streets in adjoining areas. The street arrangement must be such as to cause no unnecessary hardship to owners of adjoining property when they plat their own land and seek to provide for convenient access to it.

(2) Where, in the opinion of the agent, it is desirable to provide for street access to adjoining property, proposed streets shall be extended by dedication to the boundary line of such property.

(3) Half streets along the boundary of land proposed for subdivision will not be permitted. Whenever possible, streets should intersect at right angles.

B. Service drives.

(1) Whenever a proposed subdivision contains or is adjacent to a public highway, provision may be required for a service drive or marginal street approximately parallel to such right-of-way at a distance suitable for an appropriate use of the land between such highway and the proposed subdivision. Such distances shall be determined with due consideration of the minimum distance required for ingress and egress to the main thoroughfare.

(2) The right-of-way of any public highway or street projected across any railroad or public highway shall be of adequate width to provide for the cuts and fills required for any separation of grades.

C. Approach angle. Streets shall approach other streets at an angle of not less than 80° unless the agent, upon recommendation of the highway engineer, shall approve a lesser angle of approach for reasons of contour, terrain or matching of existing patterns.

D. Minimum width. The minimum width of proposed streets, measured from lot line to lot line, shall be shown as required by the Virginia Department of Transportation Subdivision Street Requirements.

E. Construction requirements. All subdivision streets and roads shall be constructed in accordance with the Virginia Department of Transportation Subdivision Street Requirements. Subject streets shall be dedicated for inclusion into the state secondary road system.

F. Culs-de-sac. Generally, culs-de-sac, designed to have one end permanently closed, shall be no longer than 1,500 feet to the beginning of the turnaround. Each cul-de-sac must be terminated by a turnaround, the design of which shall be as approved by the highway engineer.

G. Alleys. Alleys should be avoided whenever possible. Dead-end alleys, if unavoidable, shall be provided with adequate turnaround facilities, as determined by the agent.

H. Reserve strips. Reserve strips controlling access to streets shall be prohibited.

I. Lot access.

(1) Except as provided herein, all lots shall front on and have direct access to a public street that is included in the Virginia State Secondary System or is to be constructed to meet Virginia Department of Transportation Subdivision Street Requirements for inclusion in the Secondary System according to an approved subdivision plat. All lots created after the date of this amendment [EN]6 shall meet the minimum frontage requirement for the zone, as measured from the front setback line from the public road. Spur lots are not permitted.

(2) Exceptions to the above requirement are as follows:

(a) Lots of record as of the date of this amendment (August 12, 1997) that are served by an existing private street or private access easement may continue to be served by that private street or easement.

(b) Lots created after the date of this amendment may front on and have direct access to a private access easement, provided that the following standards are met:

[1] The private access easement may serve no more than two lots. If an existing private street or access easement already serves two or more lots, no additional building lots may be served by that street or easement.

[2] The number of private access easements that are allowed is as follows:

[3] Private access easements shall have a minimum right-of-way or access easement width of 40 feet.

[4] Each private access easement shall connect directly to a public street.

[5] The maximum length of the private access easement shall be 1,500 feet.

[6] The minimum travelway width shall be 12 feet.

[7] Minimum two-foot-wide graded shoulders shall be provided on both sides of the travelway.

[8] Side ditches, relief ditches and culverts shall be provided at appropriate locations to accommodate pre- and post-construction drainage.

[9] Utility easements not less than 15 feet in width shall be provided adjacent to both sides of the private access easement.

[10] Adjacent parallel private access easements shall not be permitted.

[11] Private access easements shall be identified on the plat and in the deeds for the lots, and all plats and deeds shall contain the following statement:

J. Street names and addresses. Proposed streets in the subdivision shall be named in accordance with Chapter 138, Street Names and Building Numbers, of the Code of Shenandoah County. Prior to recordation of the final plat, the subdivider shall pay a street establishment and addressing fee, which shall cover the cost of entering the street and lot addresses into the County map address computer files.

K. Identification signs. Street identification signs of a design specified in Chapter 138, Street Names and Building Numbers, of the Code of Shenandoah County shall be installed by the developer at all intersections at his expense.

§ 142-21. Monuments.

A. Inspection. As required by this chapter all monuments must be installed by the subdivider and shall meet the minimum specifications. Upon completion of subdivision streets, sewers and other improvements, the subdivider shall make certain that all monuments required by the agent are clearly visible for inspection and use. Such monuments shall be inspected and approved by the agent before any improvements are accepted by the governing body.

B. Location of concrete monuments. Concrete monuments four inches in diameter or square, three feet long with a flat top, or three-fourths-inch iron pipe 24 inches long, shall be set at all street corners at all points where the street line intersects the exterior boundaries of the subdivision and at right angle points and points of curve in each street. These monuments or pins shall be set flush with the finished grade.

C. Location of iron pipe. All other lot corners shall be marked with iron pipe not less than three-fourths (3/4) inch in diameter and 24 inches long and driven so as to be flush with the finishing grade. When rock is encountered, a hole shall be drilled four inches deep in the rock, into which shall be cemented a steel rod one-half (1/2) inch in diameter, the top of which shall be set flush with the finished grade.

§ 142-22. Water facilities. [Amended 6-24-2003 by Ord. No. 2003-4]

A. Where public water is available, the service shall be extended to all lots within a subdivision, including fire hydrants installed by the subdivider in accordance with the design standards and specifications for water, construction and improvements in Shenandoah County, and meeting the approval of the agent. Every subdivision not governed by § 142-22B containing 15 or more lots to which public water cannot or will not be provided shall be supplied by the subdivider with a complete central water supply and distribution system to serve each and every lot.

B. No subdivision shall be allowed in any Residential District (R-l, R-2 or R-3) unless public water is available to the subdivision and service shall be extended to all lots within a subdivision in accordance with the design standards and specifications for construction and improvements in Shenandoah County, and meeting the approval of the agent. However, any parcel of land which is zoned residential (i.e., located in an R-1, R-2 or R-3 District) as of May 1, 2003, to which public water cannot or will not be provided shall be exempt from the requirements of this § 142-22B.

§ 142-23. Sewerage facilities. [Amended 6-24-2003 by Ord. No. 2003-4]

A. Where public sewerage facilities are available, the service shall be extended to all lots within a subdivision in accordance with the design standards and specifications for construction and improvements in Shenandoah County, and meeting the approval of the agent, and private disposal systems shall not be permitted. In case of a subdivision not governed by § 142-23B in which the size of lots are less than 20,000 square feet, if such lot sizes are permitted by Chapter 165, Zoning, a plan for the satisfactory and sanitary means of sewage disposal shall be submitted by the subdivider, subject to the approval of the health official.

B. No subdivision shall be allowed in any Residential District (R-1, R-2 or R-3) unless public sewer is available to the subdivision and service shall be extended to all lots within a subdivision in accordance with the design standards and specifications for construction and improvements in Shenandoah County, and meeting the approval of the agent. However, any parcel of land which is zoned residential (i.e., located in an R-1, R-2 or R-3 District) as of May 1, 2003, to which public sewer cannot or will not be provided shall be exempt from the requirements of this § 142-23B.

§ 142-24. Private water and/or sewer. [Amended 6-25-2002 by Ord. No. 02-11; 6-24-2003 by Ord. No. 2003-4]

Subject to the requirements of § 142-23, nothing in this regulation shall prevent the installation of privately owned individual water and/or sewage disposal facilities in areas where public water and/or sewerage facilities are not available; provided, however, that pit privies will not be allowed, and other private installations must meet all requirements of the State Department of Environmental Quality, the State Health Department and any other state or local regulation having authority over such installation.

§ 142-25. Compliance with zoning required.

A. All lots shall meet or exceed the minimum lot size required by Chapter 165, Zoning.

B. All frontage, yard and other dimensional requirements set forth in Chapter 165, Zoning, shall also be met.

C. All other requirements of Chapter 165, Zoning, shall also be met.

§ 142-26. Storm drainage facilities.

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. The subdivider shall also provide plans for all such improvements together with a properly qualified certified engineer's or surveyor's statement that such improvements, when properly installed, will be adequate for proper development. The County may submit storm drainage plans to the County's consulting engineer for review. In instances where roads are to be included in the state highway system the plans are to be submitted to the VDOT engineer. The subdivider shall provide any other information required by the reviewing engineer. The subdivider shall reimburse the County for engineering costs incurred during the review process.

§ 142-27. Fire protection.

The installation of adequate fire hydrants in a subdivision at locations approved by the agent may be required, provided that necessary public water is available. When public water is not available, dry hydrants may be required to provide access to ponds or other water sources for fire emergencies. The agent shall consult with the proper authority before approving such hydrant locations.

§ 142-28. Easements. [Amended 8-12-1997 by Ord. No. 97-5]

The agent may require that easements for drainage through adjoining property be provided by the subdivider. Easements of not less than 15 feet in width shall be provided for water, sewer, power lines and other utilities in the subdivision unless specifically exempted by the agent.

§ 142-29. Bond.

A. Before any subdivision plat will be finally approved by the agent the subdivider shall, in lieu of construction, furnish a performance bond in an amount calculated by the agent to secure the required improvements in a workmanlike manner, and in accordance with specifications and construction schedules established or approved by the appropriate engineer, plus a ten-percent allowance for administrative costs, inflation and potential damage to existing roads or utilities, which such bond shall be payable to and held by the governing body.

B. In the event that Shenandoah County has accepted dedication of a road for public use and such road, due to factors other than its quality of construction, is not acceptable into the secondary system of state highways, the agent may require the subdivider or developer to furnish the County with a maintenance and indemnifying bond, with surety satisfactory to the agent and in an amount sufficient for and conditional upon the maintenance of such road until such time as it is accepted into the secondary system of state highways. "Maintenance of such road" shall be deemed to mean maintenance of the streets, curb, gutter, drainage facilities, utilities and other street improvements, including the correction of defects or damages and the removal of snow, water or debris, so as to keep such road reasonably open for public usage.

C. The agent shall provide periodic partial and final release of any required bond, escrow, letter of credit or other performance guaranty within 30 days after receipt of written notice by the subdivider or developer of completion of part or all of any facilities required to be constructed hereunder unless the agent notifies said subdivider or developer in writing of nonreceipt of approval by applicable state agency or town, or of any specified defects or deficiencies in construction and suggested corrective measures prior to the expiration of the thirty-day period.

§ 142-30. Plans and specifications.

Fifteen blue or black line prints of the plans and specifications for all required physical improvements to be installed shall be prepared by an engineer and shall be submitted to the agent for approval or disapproval by the Planning Commission and Board of Supervisors within 45 days. If approved, one copy bearing certification of such approval shall be returned to the subdivider. If disapproved, all papers shall be returned to the subdivider with the reason for disapproval in writing. In the event that no action is taken in 45 days, the subdivider or developer may petition the court for approval of the plat as provided for in § 15.2-2258 through 15.2-2261 of the Code of Virginia.

§ 142-30.1. Special provisions regarding subdivisions in Residential Districts. [Added 6-24-2003 by Ord. No. 2003-4]

In all subdivisions of more than four parcels located in any Residential District (R-l, R-2 or R-3), the following additional requirements shall be satisfied:

A. All utilities shall be located underground.

B. All portions of stormwater management systems located along new streets shall be located underground and shall meet the requirements of § 142-26. Curb drop inlets shall be installed at street intersections and at such intermediate locations as required to collect surface water.

C. Curb and gutter shall be installed along both sides of all streets within the subdivision. Curb and gutter shall meet VDOT standards and specifications and any standards and specifications which are adopted by the Board of Supervisors prior to the filing of the preliminary plat by the subdivider. Adequate provisions shall be made for driveway entrances.

D. Sidewalks with a minimum width of four feet shall be installed along both sides of all streets within a subdivision and along the side of each street touching the subdivision in accordance with VDOT standards and specifications and any standards and specifications which are adopted by the Board of Supervisors prior to the filing of the preliminary plat by the subdivider.

E. Streetlights shall be installed along all streets within the subdivision in accordance with any VDOT standards and specifications and any standards and specifications which are adopted by the Board of Supervisors prior to the filing of the preliminary plat by the subdivider.

F. The subdivider shall provide all necessary information needed to determine whether the design of the improvements required by this section are sufficient to develop the subject property in accordance with local, state and federal requirements. The subdivider shall also provide plans for all such improvements together with a properly qualified certified engineer's statement that such improvements, when properly installed, will be adequate for proper development and in accordance with local, state and federal requirements. The county may submit such plans to the county's consulting engineer for review and approval. In instances where roads are to be included in the state highway system, the plans are to be submitted to the VDOT engineer. The subdivider shall provide any other information required by the reviewing engineer. The subdivider shall reimburse the county for engineering costs incurred during the review process.

ARTICLE VI, Lots, Blocks and Building Sites

§ 142-31. Lots and building sites.

In addition to the area and width requirements contained in Chapter 165, Zoning, lots shall be arranged in order that the following considerations are satisfied:

A. Shape. 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 requirements of this chapter. Lots shall not contain peculiarly shaped elongations solely to provide necessary square footage of area which would be unusable for normal purposes.

B. Location. Each lot shall abut on a street created by the subdivision plat, or on an existing street, except in one- and two-lot subdivisions as approved by the agent. If the existing streets are not 50 feet in width, the subdivider shall make provisions in the deeds to the lots so as to permit the widening by dedication of such roads or streets to a width of 50 feet.

C. Corner lots. Corner lots shall have extra width sufficient for maintenance of any required building lines on both streets pursuant to Chapter 165, Zoning.

D. Building setback lines. Building setback lines shall be shown on all plats, at a minimum distance not less than that required by Chapter 165, Zoning.

E. Side lines. Side lines of lots shall be approximately at right angles or radial to the street lines.

F. Remnants. All remnants of lots below minimum size left over after subdividing of a tract must be added to adjacent lots or otherwise disposed of rather than allowed to remain as unusable parcels.

G. Separate ownership. 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 single ownership simultaneously with the recording of the final plat.

§ 142-32. Blocks.

Where created by the subdivision of land, all new blocks shall be of modern design and shall comply with the following general requirements:

A. Length. Generally, the maximum length of blocks shall be 1,200 feet, and the minimum length of blocks upon which lots have frontage shall be 500 feet.

B. Width. Blocks shall be wide enough to allow two tiers of lots of minimum depth, except where fronting on collector streets, unless prevented by topographical conditions or size of the property, in which the case the agent may approve a single tier of lots of minimum depth. [Amended 8-12-1997 by Ord. No. 97-5]

C. Orientation. Where a proposed subdivision will adjoin a collector road, the agent may require that the greater dimension of the block shall front or back upon such collector road to avoid unnecessary ingress or egress. [Amended 8-12-1997 by Ord. No. 97-5]

ARTICLE VII, Dedication and Reservation of Land

§ 142-33. Dedication of land to County required.

The subdivider shall dedicate to Shenandoah County all land required for streets and alleys as provided in this chapter.

§ 142-34. Dedication of land for certain public uses.

A. Where the size of the subdivision warrants, the subdivider shall dedicate to Shenandoah County such reasonable amount of land for parking lots, parks, playgrounds, schools and fire stations, and for preserving outstanding natural or historic features, as the Board of Supervisors, after receiving the recommendation of the Planning Commission, finds necessary to protect the safety (fire and traffic hazards considered) and general public welfare of the area.

B. Also, the Commission may require the subdivider to reserve, for not more than seven years, areas for churches, libraries, municipal buildings and similar public and semipublic uses on a reimbursement basis.

C. The reimbursement required shall not exceed the proportionate cost, plus 5% per annum, plus a profit not to exceed 10%.

D. The size, location and character of land dedicated or reserved, if any, shall be determined by the Commission after consultation with the subdivider, consideration of the purpose of this chapter (§ 142-1) and consideration of any related objectives approved by the Board of Supervisors and Shenandoah County.

§ 142-35. Sale of reserved land.

If reserved land is not purchased within a period of time of the reservation it may be sold as lots for the same purposes for which the subdivision was platted. To facilitate such possible eventual sale of the reserve land as separate lots, the subdivider shall show on his final plat, by dotted lines, the sizes and dimensions of lots to be created within the boundaries of any such reserved land and may sell such lots after the expiration date of the reservation, by lot number, without filing an amended plat.

§ 142-36. Conformance with other ordinances required.

Nothing in this chapter shall be construed to mean that land set aside or reserved for commercial or industrial purposes may be so used unless such use is in conformity with the requirements of any existing zoning or other applicable ordinances.

ARTICLE VIII, Property Owners' Associations

§ 142-37. Intent.

The intent of this Article is to require the establishment of a nonprofit organization to be known as the "property owners' association." The property owners' association shall be created by the subdivider whenever the subdivision contains dedicated common areas, easements, stormwater management facilities and/or public roads. The property owners' association shall be charged with the continuous maintenance and management of all common areas, easements, stormwater management facilities and dedicated facilities associated with an approved subdivision.

§ 142-38. Legal documents.

A. The subdivider shall file legal documents that establish procedures for the establishment of a nonprofit property owners' association prior to the sale of any lot in an approved subdivision. These legal documents shall be submitted to the Subdivision Administrator and the County Attorney for review and approval prior to the final subdivision plats. These documents shall include but not be limited to provisions for dedication of common properties, declarations of covenants, conditions and restrictions, articles of incorporation, bylaws and deed clauses for common areas.

B. All final contracts between the subdivider and all lot purchasers shall include a consumer disclosure statement listing the property owners' association's annual assessments and the copy of the final approved property owners' association bylaws. Membership in the property owners' association shall be mandatory for each original purchaser and each successive purchaser of a lot in any approved subdivision.

§ 142-39. Transfer of responsibilities from developer to association.

The subdivider shall be responsible for the management and maintenance of all private common areas, easements and improvements in the approved subdivision until the improvements are taken over by the property owners' association. The subdivider shall exercise all powers and duties of the property owners' association, including assessment and collection of charges. Prior to the sale of the lot constituting 50% of all approved buildable lots, all common areas, easements and improvements shall be transferred from the developer to the property owners' association. All private common areas, easements and improvements shall be in good operating order and condition and in compliance with applicable laws, codes and regulations at the time of transfer to the property owners' association. The subdivider shall notify the Department of Planning and Code Enforcement when the transfer of control to the property owners' association occurs.

§ 142-40. Finances.

Within subdivisions containing 20 or more lots, all funds associated with a property owners' association shall be maintained in interest-bearing escrow accounts approved by the property owners' association's Board of Directors. The treasurer of the property owners' association shall be bonded and shall be responsible for providing annual statements, preparing and submitting an annual budget and making financial recommendations to the Board of Directors.

§ 142-41. Maintenance of facilities.

All private common areas, easements, stormwater management facilities and dedicated facilities shall be continuously maintained in a fashion where the use, function and appearance is in conformance to the provisions of the Shenandoah County Code. The County shall have the right to inspect any common area, easement, stormwater management facility or dedicated facility to ensure that the requirements of the Shenandoah County Code are complied with. If the maintenance of common areas, easements, stormwater management facilities or dedicated facilities is neglected or becomes a danger to public health or safety, the locality shall have the authority to perform the work necessary to bring the area into compliance with all applicable codes and recover all costs from the owner(s).

§ 142-42. Powers of enforcement.

In the event that the subdivider or the property owners' association is found to be in violation of any provision established in this Article, the County of Shenandoah shall have all powers of enforcement to ensure compliance with all applicable laws, codes and regulations.

ARTICLE IX, Approval of Plats

§ 142-43. Approval required before sale. [Amended 5-22-2007 by Ord. No. 2007-10]

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 20 copies of the preliminary plat, including the lot, street and utilities layout. The agent shall forward the preliminary plat to the Planning Commission, which shall make a recommendation to the Board of Supervisors. The Board of Supervisors shall approve or deny the preliminary plat. Once a preliminary plat has been approved, the applicant shall submit 20 copies of a final plat to the agent within six months of preliminary plat approval. The agent shall forward the final plat to the Planning Commission, which shall make a recommendation to the Board of Supervisors. The Board of Supervisors shall approve or deny the plat. No lot shall be sold until a final plat for the subdivision shall have been approved and recorded.

§ 142-44. (Reserved) EN

§ 142-45. Preliminary plat. [Amended 5-22-2007 by Ord. No. 2007-10]

A. The subdivider shall present to the Commission 20 prints of a preliminary layout at a scale no smaller than 100 feet to the inch as a preliminary plat. The preliminary plat shall include the following information:

(1) Name of subdivision, owner, subdivider, surveyor or engineer, original Tax Map parcel identification number(s), date of drawing, number of sheets, North point and graphic scale. If the true North is used, method of determination must be shown. The plat shall also show the signature of all owner(s) and the seal of the engineer or surveyor.

(2) Location of proposed subdivision by an inset map at a scale of not less than two inches equal one mile showing adjoining roads, their names and numbers, towns, subdivisions and other landmarks.

(3) 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; total acreage, acreage of subdivided area, number and approximate area and frontage of all building sites, existing buildings within the boundaries of the tract, names of owners and their property lines within the boundaries of the tract.

(4) All existing, plated and proposed streets, their names, number and widths; existing utility or other easements, public areas and parking spaces, culverts and drains and cemeteries, graves or other object or structure marking a place of burial, their names and other pertinent data.

(5) The complete drainage layout, including all pipe sizes, types, drainage easements, stormwater management facilities and means of transporting the drainage to a well defined open stream which is considered natural drainage, with drainage calculations and design details.

(6) A cross section showing the proposed street construction, depth and type of base, type of surface, etc.

(7) A profile of contour map showing the proposed grades for the streets and drainage facilities, including elevations of existing and proposed ground surface at all street intersections and at points of major grade change along the center line of streets together with proposed grade lines connecting therewith.

(8) A location map tying the subdivision into the County's present road system, either by aerial photographs or topographic maps of the United States Department of Interior.

(9) Proposed connections with existing sanitary sewers and existing water supply or alternate means of sewerage disposal and water supply.

(10) All parcels of land to be dedicated for public use and the conditions of such dedication.

(11) An approved sedimentation and erosion control plan.

(12) Zoning and current use of the subject property, description of area, frontage, yard, building coverage, height, parking, open space and other requirements of the zone, and tabulation of how the subdivision meets such requirements.

(13) Names of owners, zoning classification and existing use of all adjacent properties.

(14) Natural features of the land, including streams, rivers, watercourses, ponds, sinkholes and wooded areas.

(15) Delineation of the approximate one-hundred-year floodplain as shown on the Shenandoah County Flood Insurance Rate Map (1978) or as delineated by a flood study prepared and certified by a licensed professional engineer.

(16) Signature line for the agent.

B. Procedure.

(1) The agent or his appointed representative shall discuss the preliminary plat with the subdivider in order to determine whether or not his preliminary plat generally conforms to the requirements of this chapter.

(2) The subdivider shall then be advised in writing within 45 days, which may be by formal letter or by legible markings on his copy of the preliminary plat, concerning any additional data that may be required, the character and extent of public improvements that will have to be made, and an estimate of the cost of the construction or improvements and the amount of the performance bond which will be required as a prerequisite to approval of the final subdivision plat. In determining the cost of the 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 furnished by the subdivider.

(3) The subdivider shall then submit 20 copies of a preliminary plat for the Commission’s review. The Commission will make a recommendation to the Board of Supervisors, who will approve or deny the preliminary plat.

§ 142-46. Preliminary approval no guaranty of final approval.

Approval by the agent of the preliminary plat does not constitute a guaranty of approval of the final plat.

§ 142-47. Deadline for filing final plat.

The subdivider shall have not more than six months after 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 make the preliminary approval null and void. The agent may, if the preliminary approval is not null and void, on written request by the subdivider, grant an extension of this time limit.

§ 142-48. Final plat. [Amended 5-22-2007 by Ord. No. 2007-10]

A. The subdivider shall submit 20 copies of a final plat to the Commission. The Commission will review the final plat and make a recommendation to the Board of Supervisors who will deny or approve the final plat.

B. The subdivision plats submitted for final approval and subsequent recording shall be clearly and legibly drawn, at a scale no smaller than 100 feet to the inch, on sheets having a size of eight and one-half by fourteen (8 1/2 x 14) inches. In addition to the requirements of the preliminary plat, the final plat shall include the following:

(1) Certificates signed by the surveyor or engineer setting forth the source of title of the owners of the land subdivided and the place of record of the last instrument in the chain of title.

(2) A statement to the effect that the subdivision as it appears on this plat is with the free consent and in accordance with the desires of the owners, proprietors and trustees, if any, which shall be signed by such owners, proprietors and trustees, if any, and shall be duly acknowledged before some officer authorized to take the acknowledgment of deeds.

(3) When the subdivision consists of land acquired from more than one source of title, the outlines of the various tracts shall be indicated by dash lines and identification of the respective tracts shall be placed on the plat.

(4) The accurate location and dimensions by bearings and distances with all curve data on all lots and street lines and center line of streets, boundaries of all proposed or existing easements, parks, school sites or other public areas, the number and area of all building sites, all existing public and private streets, their names, numbers and widths, existing utilities and those to be provided such as sanitary sewers, storm drains, water mains, manholes and underground conduits, including their size and type, watercourses and their names, names of owners and their property lines, both within the boundary of the subdivisions and adjoining said boundaries. Plans for control siltation and erosion during development, pursuant to the requirements of Chapter 87, Erosion and Sediment Control, shall accompany the plat.

(5) Distances and bearings which must balance and close with an accuracy of not less than one in 5,000.

(6) The data of all curves along the street frontage, shown in detail at the curve or in a curve data table containing the following: Delta, radius, arc, tangent, chord and chord bearings.

(7) Provision on each page of each copy of a plat for dating and initialing by each approving officer.

§ 142-49. Conditions. [Amended 5-22-2007 by Ord. No. 2007-10]

A. The plat shall not be approved until the subdivider has complied with the general requirements and minimum standards of design in accordance with this chapter and has made satisfactory arrangements for a performance bond to cover the cost of necessary improvements in lieu of construction to the satisfaction of the agent. Approval of the final plat shall be written on the face of the plat by the agent. The subdivider shall record the plat within six months after final approval; otherwise the agent shall mark plat "void" and notify the Clerk of the Court. The six month time period shall start the date the Board of Supervisors approves the final plat.

B. However, in any case where construction of facilities to be dedicated for public use has commenced pursuant to an approved plan or permit with surety approved by the agent, or where the developer has furnished surety to the agent by certified check, cash escrow, bond or letter of credit in the amount required under § 142-29, the time for plat recordation shall be extended to one year after final approval or to the time limit specified in the surety agreement approved by the agent, whichever is greater.

C. If a developer records a final plat which may be a section of a subdivision as shown or an approved preliminary plat and furnishes to the agent a certified check, cash escrow, bond or letter of credit in the amount required under § 142-29, the developer shall have the right to record the remaining sections shown on the preliminary plat for a period of five years from the recordation date of the first section, subject to the engineering and construction standards and zoning requirements in effect at the time that each remaining section is recorded.

§ 142-50. Simplified plat.

For one- and two-lot subdivision, a simplified plat shall be submitted for approval. Such simplified plat shall serve as both the preliminary and final plat and shall include at least the following information:

A. Bearings and distances of all property lines.

B. Area in square feet or acres.

C. Type of monuments at property corners, and indicate whether set or found.

D. Center or boundary lines, widths and route number or adjoining highways and distance to the nearest highway intersection.

E. The right-of-way and distance to the highway (for lots not bordering a highway).

F. North directional arrow (indicate whether magnetic or true North).

G. Scale shall conform to the requirements of this chapter.

H. Names of adjoining property owners.

I. Name of present landowner and reference (deed book, page number, etc.).

J. Existing buildings, wells and septic systems.

K. Delineation of the approximate one-hundred-year floodplain as shown on the Shenandoah County Flood Insurance Rate Map (1978) or as delineated by a flood study prepared and certified by a licensed professional engineer.

L. Date surveyed, state certified surveyor's or engineer's seal.

M. Signature(s) of all owner(s), proprietors and trustees, if any, of any parcels affected by the plat.

N. Certificate of approval for Virginia Department of Transportation, Health Department, agent of County governing body.

§ 142-51. Simplified plats.

Simplified plats shall be submitted in five copies as follows:

A. Original for approval and subsequent recording by the County Clerk, which shall be clearly and legibly drawn at a scale no smaller than 100 feet to the inch on a sheet having a size of eight and one-half by fourteen (8 1/2 x 14) inches.

B. Four copies for review purposes submitted to the agent.

§ 142-52. Certification.

All subdivisions submitted for approval which are not for development purposes shall include the following certification:

ARTICLE X, Vacation of Interior Lot Lines

§ 142-53. Relocation or alteration of interior boundary lines.

Interior boundary lines of any lots or parcels of land may be relocated or otherwise altered, including vacated, as a part of an otherwise valid and properly recorded plat of subdivision or resubdivision approved as provided in this chapter or properly recorded prior to the applicability of a subdivision ordinance and executed by the owner or owners of such land. Such action may be approved administratively by the Subdivision Administrator, provided that such action does not involve the relocation or alteration of streets, alleys, easements for public passage or other public areas; and, provided, further, that no easements of utility right-of-way shall be relocated or altered without the express consent of all persons holding any interest therein.

§ 142-54. Making and recordation of plat required.

A. The owner or owners of any lots or parcels of land situated in Shenandoah County who desires to vacate any interior lot line shall cause a plat to be made by a surveyor or engineer, duly licensed by the Commonwealth of Virginia and recorded in the office of the Clerk of the Circuit Court of Shenandoah County. No such plat or vacation shall be recorded until it has been executed by the owner or owners as provided in § 15.2-2264 of the Code of Virginia, as amended, and approved by the Subdivision Administrator.

B. Interior lot/parcel lines to be vacated shall be identified on the plat by broken lines.

§ 142-55. Liability for road maintenance fees.

The consolidation of one or more lots/parcels into a single lot/parcel by vacation of interior lot lines shall not reduce the landowner's liability for assessment of road maintenance fees if that property is serviced by private roads under a homeowner's association or other road maintenance agreement. [EN]7

Editor's Note 1: See § 15.1-465 et seq of the Code of Virginia.

Editor's Note 2: This ordinance also provided for the renaming of this definition from the former name of "street, major."

Editor's Note 3: This ordinance also provided for the renaming of this definition from the former name of "street, other."

Editor's Note 4: See Ch. 165, Zoning.

Editor's Note 5: See now § 15.2-2240 et seq of the Code of Virginia.

Editor's Note 6: August 12, 1997.

Editor's Note 7: Appendix A, Certificates Required for Subdivision Containing More Than Two Lots, and Appendix B, Certificates Required for Subdivisions Containing One or Two Lots, are on file in the County offices.