Under the authority to establish subdivision regulations recorded
in § 15.2-2200 of the Code of Virginia, the regulations
established herein constitute minimum requirements which shall apply
to all subdivisions, except as hereinafter provided.
The following statutory provisions shall be effective in the
Town of Elkton:
A. No person shall subdivide land without making a plat of such subdivision,
recording it in the office of the Circuit Court of Rockingham County
and without fully complying with the provisions of this article.
B. No such plat of any subdivision shall be recorded unless and until
it shall have been submitted to and approved by the local commission
or by the governing body or its duly authorized agent of the Town
of Elkton wherein the land to be subdivided is located; or by the
commissions, governing bodies, or agents, as the case may be, of each
county or municipality having a subdivision ordinance, in which any
part of the land lies.
C. No person shall sell or transfer any land of a subdivision before such plat has been duly recorded as provided herein, unless such subdivision was lawfully created prior to the adoption of a subdivision ordinance applicable thereto or bona fide divisions in accordance with the authority referenced in Article
I, §
110-101.
D. Any person violating the foregoing provisions of this section 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 the description
of such lot or parcel by metes and bounds in the instrument of the
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. No clerk of any court shall file or record a plat of a subdivision
required by this article to be recorded until such plat has been approved
as required herein; and the penalties provided by § 17.1-223
of the Code of Virginia shall apply to any failure to comply with
the provisions of this subsection.
Whenever the owner or proprietor of any tract of land within the Town of Elkton desires to subdivide the same, he or she shall submit a plat of the proposed subdivision to Elkton through the designated Administrator. The administrative process for the Subdivision Regulations for the Town of Elkton are found in Article
VIII, §
110-810. No such plat of a subdivision shall be recorded unless and until it shall have been submitted, approved and certified by the Administrator 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 in the office of the Clerk of Court of Rockingham County, Virginia.
A. No one exempt. No person shall subdivide any tract of land that is
located within the Town of Elkton, except in conformity with the provisions
of this chapter and the applicable provisions of the Code of Virginia,
1950 as amended.
B. Mutual responsibility. There is a mutual responsibility between the
subdivider and the Town of Elkton to divide the land so as to improve
the general use patterns of the land being subdivided.
C. Land must be suitable. The Town Council shall not approve the subdivision
of land if from adequate investigation conducted by the 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.
D. Improvements. All required improvements shall be installed by the
subdivider at his or her cost. Specifications and requirements set
forth in this regulation shall be followed. The subdivider's performance
bond shall not be released until construction has been inspected and
approved by the appropriate official.
(1)
The subdivider or developer shall pay a pro rata share of the
cost of providing reasonable and necessary sewerage and drainage facilities,
located outside the property limits of the land owned or controlled
by him or her but necessitated or required, at least in part, by the
construction or improvement of the subdivision or development; provided,
however, that no such payment shall be required until such time as
the governing body or a designated department or agency thereof shall
have established a general sewer and drainage improvement program
for an area having related and common sewer and drainage conditions
and within which the land owned or controlled by the subdivider or
developer is located. Each such payment received shall be expended
only for the construction of those facilities for which the payment
was required, and until so expended shall be held in an interest-bearing
account for the benefit of the subdivider or developer; in lieu of
such payment other methods of performance guaranty satisfactory to
the governing body shall be posted conditioned on payment at the commencement
of such construction.
E. Necessary changes. No change, erasure or revision shall be made on
any final plat nor on accompanying data sheets after approval by the
Town Council has been endorsed in writing on the plat or sheets, unless
authorization for such changes has been granted in writing on behalf
of the Council.
F. Private contracts. This regulation is independent of any private
easement, covenant, agreement, or restriction. The responsibility
of enforcing such private easement, covenant, agreement or restriction
is not the obligation of any public official. When this chapter calls
for more restrictive standards than are required by private contract,
the provisions of this chapter shall control.
[Amended 12-18-2000]
The general specifications and requirements set forth in this
section shall be as follows:
A. Lot size. Residential lot size shall be in accordance with the lot
requirement of the zoning district in which the subdivision is to
be located as prescribed in this chapter.
B. Lot 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 the topography, and conform to the requirements
of these regulations. Lots shall not contain peculiarly shaped elongations
solely to provide necessary square footage by adding area which would
be unusable for normal purposes.
C. Lot side lines. Side lines of lots shall be approximately at right
angles, or radial to the street line.
D. Lot shall abut on a street. Each lot shall abut on a street dedicated
by the subdivision plat, or on an existing publicly dedicated street,
or on a street which has become public by right of use. If the existing
streets are not 50 feet in width, the subdivider shall make provisions
in the deeds to the lots for all buildings to be so constructed as
to permit the widening by dedication of said roads or streets to a
width of 50 feet.
E. Remnants. Land subject to flooding, land deemed to be topographically
unsuitable for residential occupancy and all remnants of lots below
minimum size left over after subdividing a tract must be added to
adjacent lots, or become the property of a homeowners' association
rather than allowed to remain as unusable parcels.
F. Block length. 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.
G. Block width. Blocks shall be wide enough to allow two tiers of lots
of minimum depth, except where fronting on major streets, unless prevented
by topographical conditions or size of the property. In either case,
the agent may approve a single tier of lots of minimum depth.
H. Block orientation. Where a proposed subdivision adjoins a major road,
the Town may require that the greater dimension of the block shall
front or back upon such major thoroughfare to avoid unnecessary ingress
or egress.
I. Street design and standards.
(1)
For all subdivisions, all streets shall have, as a minimum,
a right-of-way width of 50 feet and a pavement width of 30 feet. These
minimum widths may be increased in accordance with specifications
directed by Town Council.
(2)
All streets and alleys shall be graded to their full width to
the cross section and grade approved by the Town Council with embankment
slopes lying outside the right-of-way.
(3)
The subgrade shall be stabilized in accordance with applicable
specifications determined by the Virginia Department of Transportation.
(4)
Base material shall be compacted to a minimum depth of six inches
with stone, gravel, or other material which meets applicable specifications
of the town, and shall be installed to a minimum width of 30 feet
for streets and 12 feet for alleys.
(5)
Concrete curbs and gutters and adequate subsurface drainage
systems shall be installed on both sides of all streets in accordance
with applicable specifications of the town. In the case of newly platted
streets in a subdivision in which each lot contains one acre or more,
curb and gutter are not required but the development plan must provide
storm drainage provisions satisfactory to Town Council.
(6)
Streets shall be surfaced to a minimum width of 30 feet with
a bituminous surface treatment in accordance with applicable specifications
of the town.
(7)
Concrete sidewalks shall be provided on both sides of all streets.
(8)
Privately-owned and maintained streets allowed in townhouse developments, including curbs, gutters, and sidewalks, shall be developed according to standards found in subdivision street standards. (See §
110-709.)
(9)
The subdivider shall construct and surface all platted streets.
Curbs, and gutters shall be provided for each street. Sidewalks shall
also be constructed at the subdivider's expense.
(10)
Street alignment and layout. The arrangement of streets in new
subdivisions shall make provision for the continuation of existing
streets in adjoining areas. The street arrangement must not cause
unnecessary hardship to owners of adjoining property when they plat
their own land and seek to provide for convenient access to it. Where,
in the opinion of the town, 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. Half streets along
the boundary of land proposed for subdivision shall not be permitted.
Wherever possible, streets should intersect at right angles. In all
hillside areas, streets running with contours shall be required to
intersect at angles of not less than 60°, unless approved by the
Town Council.
J. Alleys. Rights-of-way for alleys will be no less than 20 feet.
K. Cul-de-sacs. Streets designed to have one end permanently closed
must be terminated by a turnaround of not less than 100 feet in diameter.
L. Reserve strips. There shall be no reserve strips controlling access
to public streets.M. Street names. Proposed streets which will be
aligned with existing and named streets shall bear the names of the
existing streets. Street names shall be indicated on the preliminary
and final plats, and shall be approved by the town. Names of existing
streets shall not be changed except by specific approval. Duplication
of existing street names is prohibited for new streets in the Town
of Elkton.
M. Street identification signs.
N. Street
identification signs of an approved design shall be installed at all
intersections.
O. Monuments. Upon completion of subdivision streets, sewers and other
improvements, the subdivider shall ensure that all monuments required
by this regulation are clearly visible for inspection and use. Such
monuments shall be inspected and approved by the Administrator before
any improvements are accepted:
(1)
Location of concrete monuments. Concrete monuments four inches
in diameter or square, with a flat top, shall be set at all streets,
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. The top of the monument shall be set flush with the
finished grade.
(2)
Location of iron pipe monuments. All other lot corners shall
be marked with iron pipe not less than 3/4 inch in diameter and 24
inches long and driven so as to be flush with the finished grade.
When rock is encountered, a hole shall be drilled four inches deep
in the rock into which shall be cemented a steel rod 1/2 inch in diameter,
the top of which shall be flush with the finished grade line.
P. Reservation of land for public purposes. The Town may require subdividers
of residential subdivisions to set aside land for parks, playgrounds,
schools, libraries, municipal buildings, and similar public and semipublic
uses, subject to the following regulations:
(1)
Subdividers shall not be required to set aside land exclusive
of street and drainage reservations, without reimbursement by the
governing body. The reimbursement by the governing body shall be based
on a proportionate share of the:
(b)
Cost of improvements, including interests or investments.
(c)
Development costs plus not more than 10% profit on the total
of such costs.
(2)
If a subdivider is required to set aside land for purposes other
than streets, drainage, parks, and playgrounds, the subdivider shall
retain the ownership of the land, holding it available for conveyance
to the subdivision is recorded. If the land is not purchased within
the said 18 months, it may be sold as lots for the same purposes for
which the subdivision was platted. To facilitate such possible eventual
sale of reserved land as separate lots, the subdivider shall show
on the final plat, by dotted lines and dotted numbers, the area and
dimensions of lots to be created within the boundaries of any such
reserve land, and may sell such lots, after the expiration date of
the reservation, by lot number, without filing an amended plat.
(3)
The Commission shall make certain that lands so reserved shall
be divisible in the same manner as the remainder of the subdivision
so that the subdivider will not be required to reserve an unusable
portion of the subdivision.
(4)
Nothing herein shall be construed to mean that land may be set
aside for commercial purposes in a residential district, without the
land intended for commercial use being zoned appropriately in accordance
with the zoning regulations.
[Amended 12-18-2000]
The General Assembly has determined that the lands and waters
comprising the watersheds of the state are great natural resources,
which are being adversely affected by the rapid shift in land use
from agricultural to nonagricultural uses. The General Assembly found
it necessary to establish and implement the Virginia Erosion and Sediment
Control Law to control erosion and sedimentation from land-disturbing
activities.
A. Subdivision development included as land-disturbing activity. The
Code of Virginia includes the term "subdivision development" along
with activities disturbing 10,000 or more square feet of land for
commercial or noncommercial uses.
B. Erosion and sedimentation plan required. At the time of filing the preliminary plat, an erosion and sedimentation control plan will also be filed [see §
110-907B(9)] in accordance with the Town of Elkton Erosion and Sediment Control Ordinance and the provisions of the Virginia Erosion and Sediment Control Handbook.
[Amended 12-18-2000]
Whenever any subdivision of land is proposed other than pursuant
to a master plan and final plan in a planned unit development, which
subdivision shall be exempt from the provisions of this section, and
before any permit for the erection of a structure shall be granted,
the subdivider or his or her agent shall apply in writing to the Administrator
for the approval of the subdivision by submitting four copies of a
preliminary plat including the lot, street, and utilities layout.
No lot shall be sold until a final plat for the subdivision shall
have been approved and recorded.
A. Preliminary sketch. The subdivider may, if he or she so chooses,
submit to the Administrator a preliminary sketch of the proposed subdivision
prior to preparing detailed preliminary and final plats. The purpose
of such preliminary sketch is to permit the agent to advise the subdivider
whether the plans, in general, are in accordance with the requirements
of this chapter. Upon submission of any such preliminary sketch, it
shall be studied and the subdivider advised where it appears that
changes would be necessary. The agent may mark the preliminary sketch
indicating necessary changes, and any such marked sketch shall be
returned to the Commission with the preliminary plat. The preliminary
sketch shall be as follows:
(1)
It shall be drawn on white paper, or on a print of a topographic
map of the property. It shall be drawn to an appropriate scale, i.e.,
200 feet to the inch. It shall show the name, location, and dimensions
of all streets entering the property, adjacent to the property, or
terminating at the boundary of the property to be subdivided. It shall
show the location of all proposed streets, lots, parks, playgrounds,
and other proposed uses of the land to be subdivided and shall include
the approximate dimensions.
B. Preliminary plat. The subdivider shall present to the Administrator
four copies of a preliminary layout at an appropriate scale. The preliminary
plat shall include the following information:
(1)
Name of subdivision, owner, subdivider, surveyor, or engineer,
date of drawing, number of sheets, North point, and scale.
(2)
Location of proposed subdivision by an inset map at a scale
of not less than one inch equal to 2,000 feet showing adjoining roads,
their names and number, 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, and adjoining such boundaries.
(4)
All existing, platted, and proposed streets, their names, numbers,
and widths; existing utility or other easements, public areas, and
parking spaces; culverts, drains, and watercourses, their names and
other pertinent data.
(5)
All parcels of land to be dedicated for public use and the conditions
of such dedication.
(6)
Topography at an appropriate interval.
(7)
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)
Proposed connections with existing sanitary sewers and existing
water supply or alternate means of sewage disposal.
(9)
Provisions for collecting and discharging surface drainage and preliminary designs of any structure that may be required. (See §
110-906B.)
(10)
Procedure. The Planning Commission and agent shall discuss the
preliminary plat with the subdivider in order to determine whether
or not the preliminary plat generally conforms to the requirements
of this chapter. The subdivider shall than be advised in writing within
45 days, which may be by formal letter or by legible markings on his
or her 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 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 required improvements
and the amount of the performance bond, the Administrator shall require
a bona fide estimate of the cost of improvements to be furnished by
the subdivider.
(11)
No guarantee. Approval by the Planning Commission and Administrator
of the preliminary plat does not constitute a guarantee of approval
of the final plat.
(12)
Six months limit. The subdivider shall have not more than six
months after receiving official notification concerning the preliminary
plat to file with the Administrator a final subdivision plat in accordance
with this section. Failure to do so shall make preliminary approval
null and void. The Administrator may, on written request by the subdivider,
grant an extension of this time limit.
A subdivider, when advertising a subdivided tract land for sale,
shall be specific as to whether or not officially approved water and
sewage facilities are available.
Where the subdivider can show that a provision of these standards
would cause unnecessary hardship if strictly adhered to, and where
because of topographical or other conditions peculiar to the site,
a departure may be made without destroying the intent of such provisions,
the Board of Zoning Appeals may authorize a variance. Any variance
thus authorized is to be stated in writing in the report of the Board
of Zoning Appeals with the reasoning, on which the departure was justified,
set forth. No variance to this chapter may be granted which is opposed
in writing by the Town or Highway Engineer or Health Official.