[HISTORY: Adopted by the Board of Supervisors of Buchanan
County as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
[In regard to statutory references, unless the County specifically
amends the statutory provisions to the contrary or repeals the statutory
provisions, future amendments to said statute shall take effect as
provided by law.]
Building construction — See Ch. 25.
Flood damage prevention — See Ch. 34.
[The County Comprehensive Plan is on file in the County offices.]
[Adopted 9-3-1996; amended in its entirety 10-5-2009]
This article is intended to guide and facilitate the orderly
and beneficial growth of Buchanan County and to promote the public
health, safety, convenience, comfort, prosperity and general welfare
of the County. Subdivided land sooner or later becomes a public responsibility
in that roads and streets must be maintained. This article assists
the community in meeting these responsibilities.
This article is known and is to be cited as the "Subdivision
Ordinance of Buchanan County, Virginia."
A.
This article is adopted pursuant to the provisions and under the authority of Title 15.2, Chapter 22, Article 6, of the 1950 Code of Virginia, as amended.
B.
Platting
required from and after the first day of adoption of this article.
Any owner or developer of any tract of land situated in Buchanan County,
Virginia, or as much of it as comes under the jurisdiction of the
Board of Supervisors of Buchanan County, shall cause a plat of such
subdivision, with reference to known or permanent monuments, to be
made and recorded in the office of the Clerk of the Circuit Court
of Buchanan County, Virginia. No such plat of a subdivision shall
be recorded unless and until it shall have been submitted, approved
and certified in accordance with regulations set forth in this article.
The Buchanan County Planning Commission (Commission) shall act as
the agent for the Buchanan County Board of Supervisors (Board) in
all subdivision approval procedures. No such subdivision or plat may
be approved or accepted unless first approved by the Commission and
recommended to the Board. Any affected applicant may appeal a decision
by the Commission directly to the Board by notifying the County Administrator
by certified mail, return receipt requested, of such appeal, including
the grounds thereof and any documents necessary to review such appeal
within 30 days of the Commission's decision to approve or not
to approve a subdivision plan and/or to accept or not accept a subdivision
plat. The Board's decision on appeal shall be final, subject
to any statutory right for an appeal to the Circuit Court.
C.
Incorporated by reference and made parts of this article are the
Virginia Department of Transportation's Secondary Street Acceptance
Requirements and the VDOT Subdivision Street Design Guides.
As used in this article, the following terms shall have the
meanings indicated. Reference is made to the VDOT Secondary Street
Acceptance Requirements and Subdivision Street Design Guide (effective
July 1, 2009) for definitions of street and road categories.
Any tract, lot or parcel of land or portion thereof designated
to be subdivided into four or more parcels of five acres or less for
the purpose of transfer of ownership or for building development,
including all changes in street or lot lines and the creation of any
new street or easement. The following shall not be considered a subdivision:
The sale or exchange of adjacent property between adjoining
lot owners, where such sale or exchange does not create additional
building sites.
A division of land for agricultural, mining or timbering purposes.
The voluntary or involuntary partition of undivided interests
in land among co-owners; however, if any new easements or streets
are created by such divisions, it shall be subject to review by the
Board of Supervisors or its designated agent.
The partition of lands by a recorded will or the division of
land for cemetery plots.
A division of land for a building site for members of the immediate
family owning such land, in accordance with § 15.2-2244,
Code of Virginia.
RESUBDIVISIONFurther division of any lot, tract or parcel of an approved subdivision, whether or not by the original developer, shall also be considered to be a subdivision.
A.
No lot shall be sold in any such subdivision before the final plat
shall have been recorded.
B.
Draw and certify. Every such plat shall be prepared by a licensed
land surveyor or professional engineer, 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 outlines of the several tracts shall
be indicated upon such plats, within an inset block or by means of
dotted boundary line upon the plat.
C.
Owner's statement. Every such plat or the deed of dedication
to which the plat is attached shall contain, in addition to the professional
engineer's or land surveyor's certificate, a statement as
follows: "The platting or dedication of the following described land
(here insert a correct description of the land subdivided) is with
the free consent and in accordance with the desire of the undersigned
owners, proprietors and trustees, if any." The statement shall be
signed by such persons and duly acknowledged before some officer authorized
to take acknowledgments of deeds. When thus executed and acknowledged,
the plat, subject to the provisions herein, shall be filed and recorded
in the office of the clerk of the court where deeds are admitted to
record for the lands contained in the plat and indexed in the general
index to deeds under the names of the owners of lands signing such
statement and under the name of the subdivision. Owners shall notify
the appropriate Commissioner of Revenue of improvements to real property
situated in platted subdivisions. Each plat must contain a certification
from an appropriate licensed professional engineer that certifies
the following:
(1)
The plat meets the standards for plats as provided in Virginia Code
§ 42.1-82 of the Virginia Public Records Act (Virginia Code
§ 42.1-76 et seq.); and
(2)
That all VDOT secondary street acceptance requirements have been
met and satisfied; and
(3)
That all the requirements of the Subdivision Ordinance of Buchanan
County have been met and satisfied.
E.
Private contracts. This article bears no relation to any private
covenant, easement, agreement or restriction, nor is the responsibility
of enforcing such private easement, covenant, agreement or restriction
implied herein to any public official. When this article calls for
more restrictive standards than are required by private contract,
the provisions of this article shall control.
F.
Necessary changes. No change, erasure or revision shall be made on
any preliminary plat or final plat nor any accompanying sheets after
approval of the agent has been endorsed, in writing, on the plat or
sheets, unless authorization for such changes has been granted, in
writing, by the agent.
G.
Streets and alleys. All streets and alleys shall be installed by
the subdivider at his own proper costs. All streets and alleys shall
be designed and constructed in accordance with the minimum requirements
and specifications and standards which have been established by the
Virginia Department of Highways and Transportation or which may hereafter
be established by the Virginia Department of Highways and Transportation,
including but not limited to the VDOT Secondary Street Acceptance
Requirements effective July 1, 2009.
H.
Minimum width shall conform to the requirements as established by
the Virginia Department of Transportation, in the Secondary Street
Acceptance Requirements.
I.
Culs-de-sac and turnarounds shall conform to the VDOT Secondary Street
Acceptance Requirements.
J.
Private streets and reserve strips. There shall be no private streets
platted in any subdivision. All subdivided property shall be served
from a publicly dedicated street. There shall be no reserve strips
controlling access to streets.
K.
Monuments. As required by this article, all monuments must be installed
by the subdivider and shall meet the minimum specifications. Upon
completion of the subdivision's streets, sewers and other improvements,
the subdivider shall make certain that all monuments required by the
Board of Supervisors or its designated agent are clearly visible for
inspection and use. Such monuments shall be inspected and approved
by the Board of Supervisors or its designated agent before any improvements
are accepted by the governing body.
L.
Location of concrete. Reinforced-concrete monuments, four inches
in diameter or square, three feet long, with a flat top, 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. The top of the monument shall
be set flush with the finished grade of lot line.
M.
Location of iron rods. All other corners shall be marked with iron
rods not less than 3/4 inch in diameter and 24 inches long and shall
be driven so as to be flush with the finished grade of the lot line.
When rock is encountered, a hole shall be drilled one inch 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 of the lot
line.
N.
Lot size.
(1)
Lot size, public water and sewer. Residential lots served by both
public water and public sewer systems shall be 100 feet or more in
width and 10,000 square feet or more in area. Additional improvements
required in subdivisions containing lots of this size shall be in
accordance with the minimum requirements, specifications and standards
which have been established by the Virginia Department of Highways
and Transportation, the Virginia Department of Health and any other
state or local body having authority over such installation.
(2)
Lot size, public water or sewer. Residential lots served by only
one public water or public sewer system shall be one 100 feet or more
in width and 15,000 square feet or more in area. Additional improvements
required in subdivisions containing lots of this size shall be in
accordance with the minimum requirements, specifications and standards
which have been established by the Virginia Department of Highways
and Transportation, the Virginia Department of Health and any other
state or local body having authority over such installation.
(3)
Lot size, neither public water nor sewer. Residential lots served
by neither public water nor public sewer systems shall be 100 feet
or more in width and 20,000 square feet or more in area. Any additional
improvements required in subdivisions containing lots of this size
shall be in accordance with the minimum requirements, specifications
and standards under this article, which bond shall be payable to and
held by the governing body of this County.
O.
Bond. Before any subdivision plat will be finally approved by the
Board of Supervisors or its designated agent, the subdivider shall
furnish a bond in an amount determined by the Board or its designated
agent to secure the required improvements in a workmanlike manner
and in accordance with specifications and requirements under this
article, which bond shall be payable to and held by the governing
body of this County. Furthermore, pursuant to Virginia Code § 15.2-2241(5),
the owner or developer shall make the appropriate certifications or
post the appropriate amounts by certified checks, cash escrow or personal
corporate or property bond with surety in regard to the construction
or proposed construction of any improvements dedicated for public
use and to be maintained by the County. Additionally, if the roads
within a proposed subdivision are not accepted into the secondary
highway system of the commonwealth, the Board of Supervisors may require
the subdivider or developer to post maintenance and indemnifying bonds
with surety in amounts as permitted by § 15.2-2241(5) of
the Virginia Code, as amended.
P.
Plans and specifications. Three blue- or black-line prints of the
plans and specifications for all required physical improvements to
be installed shall be prepared by a surveyor or engineer and shall
be submitted to the Board of Supervisors or its designated agent for
comments from the Virginia Department of Highways and Transportation.
If disapproved, one copy, bearing certification of such disapproval,
shall be returned to the subdivider, with the reason for disapproval
in writing. In the event that no action is taken in 60 days, such
subdivision shall be deemed approved.
Q.
Lots. In addition to the area and width requirement already specified,
lots shall be arranged in order that the following considerations
are satisfied:
(1)
Shape. The lot arrangement, design and shape shall be such that all
lots will provide satisfactory and desirable sites for buildings and
be properly related to topography and conform to requirements of this
article. Lots shall not contain peculiarly shaped elongations solely
to provide necessary square footage of area which would be unusable
for normal purposes.
(2)
Location. Each lot shall abut on a street dedicated by the subdivision
plat or on an existing publicly maintained street.
(3)
Corner lots. Corner lots shall have extra width sufficient for maintenance
of any required building lines on both streets as determined by the
Board of Supervisors or its designated agent.
(4)
Side lines. Side lines of lots shall be approximately at right angles
or radial to the street line.
(5)
Remnants. All remnants of lots below minimum size left over after
subdividing a tract must be added to adjacent lots or otherwise disposed
of, rather than being allowed to remain as unusable parcels.
(6)
Business or industrial. Lots intended for business or industrial
use shall be designed specifically for such purposes with adequate
space set aside for off-street parking and delivery services and facilities.
A.
Preliminary sketch. The subdivider may, if he so chooses, submit
to the agent a preliminary sketch of the proposed subdivision prior
to his preparing engineered preliminary and final plats. The purpose
of such preliminary sketch is to permit the agent to advise the subdivider
whether his plans in general are in accordance with the requirements
of this article. The Board of Supervisors or its designated agent,
upon submission of any preliminary sketch, shall study it and advise
the subdivider wherein it appears that changes would be necessary.
The agent shall mark the preliminary sketch indicating necessary changes,
and any such marked sketch shall be returned to the Board of Supervisors
or its designated agent with the preliminary plat. The preliminary
sketch shall be as follows:
(1)
Drawing and scaling. It shall be drawn on white paper or on print
of a topographic map of the property. The scale shall be appropriate
to the size of the paper. 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 and shall
include their approximate dimensions.
(2)
Part of tract. Whenever part of a tract is proposed for platting
and it is intended to subdivide additional parts in the future, a
sketch plan for the entire tract shall be submitted with the preliminary
plat. This sketch is merely for informational purposes and is not
binding on the subdivider or the governing body.
B.
Preliminary plat. The subdivider shall present to the Board of Supervisors
or its designated agent three prints of a preliminary layout at a
scale that shall be appropriate to the size of the paper as a preliminary
plat. The preliminary plat shall include the following information:
(1)
The name of the subdivision, subdivider, surveyor or engineer and
the date of the drawing, number of sheets, North point and scale.
(2)
The location of the proposed subdivision by an inset map, at a scale
of not less than two inches equal one mile, showing adjoining roads
and 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 20,000,
total acreage, acreage of the subdivided area, the number and approximate
area and frontage of all building sites, existing buildings within
the boundaries of the tract, the names of owners and their property
lines within the tract and the names of owners and their property
lines adjoining such boundaries.
(4)
All existing, platted and proposed streets and their names, numbers
and widths; existing utility or other easements; public areas and
parking spaces; culverts, drains and watercourses and their names;
and other pertinent data.
(5)
The complete drainage layout, including all pipe sizes, types of
drainage easements and means of transporting the drainage to a well-defined
open stream which is considered natural drainage.
(6)
A cross-section showing the proposed street construction, depth and
type of base, type of surface, etc.
(7)
A profile or 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 present publicly maintained
road system, either by aerial photographs or topographical maps.
(9)
Proposed connections with existing sanitary sewers and existing water
supply.
(10)
All parcels of land to be dedicated for public use and the conditions
of such dedication.
(11)
All plats shall be accompanied by an approved soil erosion and sediment
control plan.
C.
Procedure. The agent or his appointed representative 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 Article II. The agent or his appointed representative, after receiving comments from the Virginia Department of Highways and Transportation, shall then advise the subdivider in writing, within 60 days, which may be by formal letter and/or by legible markings on the copy of the preliminary plat, concerning any additional data that may be required, the character and extent of public improvements and the amount of the performance bond which will be required as a prerequisite to approval of the final subdivision plat.
D.
No guaranty. Approval by the agent of the preliminary plat does not
constitute a guaranty of approval of the final plat.
E.
Final plat. The subdivision plat submitted for final approval by
the governing body and subsequent recording shall be clearly and legibly
drawn in ink upon tracing media, at a scale that shall be appropriate
to the size of the paper on sheets having a size of no more than 18
inches by 24 inches. In addition to the requirements of the preliminary
plat, the final plat shall include the following:
(1)
A blank space of three inches by five inches, reserved for the use
of the approving authority.
(2)
Certificates signed by the surveyor or engineer, setting forth the
source of title of the owners of the land subdivided and the place
or record of the last instrument in the chain of title.
(3)
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 duly
acknowledged before some officer authorized to take acknowledgments
of deeds.
(4)
When the subdivision consists of land acquired from more than one
source of title, the outlines of the various tracts, indicated by
dash lines, and identifications of the respective tracts shall be
placed on the plat.
(5)
The accurate location and dimensions by bearings and distances, with
all curve data, on all lots and street lines, center lines of streets
and 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 and 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; and the
names of owners and their property lines, both within the boundary
of the subdivision and adjoining said boundaries. The developer or
subdivider shall include in the plat information in regards to compliance
with common or shared easements as described in § 15.2-2241(6)
of the Code of Virginia.
(6)
Distance and bearings balanced and close with an accuracy of not
less than one in 20,000.
(7)
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 distance, chord distance and chord bearings.
F.
Conditions. The plat shall not be approved until the subdivider has
complied with the general requirements and minimum standards of design
in accordance with this article and has made satisfactory arrangements
for performance bond, cash, cash bond or other security requirements
as set forth in § 15.2-2241(5) of the 1950 Code of Virginia,
as amended, to cover the cost of necessary improvements to the satisfaction
of the Board of Supervisors or its designated agent. Approval of the
final plat shall be written on the face of the plat by the Board of
Supervisors or its designated agent. The subdivider shall record the
plat within six months after final approval; otherwise, the Board
of Supervisors or its designated agent shall mark the plat "void"
and return the same to the subdivider; however, in the case of construction
of facilities/improvements dedicated for public use and where the
developer has furnished the security as permitted in § 15.2-2241(8)
of the Code of Virginia, then the developer shall have one year from
approval of the plat or greater time as set forth in the surety agreement
approved by the Buchanan County Board of Supervisors to record said
plat.
A subdivider, when advertising a subdivided tract of land for
sale, shall be specific as to whether officially approved public water
and sewage facilities are provided.
A.
Any subdivision meeting all the qualifications of this section shall
be considered to be a private road subdivision and shall be exempt
from all requirements of this article except those contained herein
or incorporated herein by reference:
(1)
The right-of-way shall be the number of feet in width or the minimum
width now or in the future required by the Virginia Department of
Transportation and Highways, whichever is less, and shall be used
solely for ingress and egress and kept free of permanent obstructions.
The Planning Commission and/or the Board of Supervisors may grant
a variance in regard to the road width requirements.
(2)
Said private roads shall adjoin a publicly maintained road.
(3)
A minimum of six inches of topsoil shall be removed from the entire
roadbed.
(4)
The roadbed shall consist of 18 feet of aggregate base stone, Type
I Number 21B (crusher run), having a depth of six inches. The shoulder
width shall be 30 inches for a fill section and two feet for a cut
section. The ditch shall have a width of four feet and a depth of
14 inches from the shoulder to the bottom. All roads shall be properly
crowned. Fill slopes consisting of soil shall be no greater than 1.5
H to 1V.
(5)
Corrugated metal or concrete culvert shall be placed at intervals
to properly drain said roadbed. These culverts shall be of the required
size as determined by a licensed surveyor or engineer.
(6)
Permanent drainage easements shall be shown on the plat in order
to provide maintenance to said culverts. These easements shall be
50 feet in length extending from the right-of-way line and five feet
each side of the extended culvert alignment.
(7)
The minimum center-line radii for said road shall be 100 feet.
(8)
The maximum allowable percent of grade shall be 16%.
(9)
If a cul-de-sac is required at the terminus of said road, the required
radius shall be 50 feet for the right-of-way line and 25 feet for
the road center line.
(10)
The Planning Commission may grant a variance in regard to the minimum
design standards for good cause shown.
B.
General requirements.
(1)
For private road subdivisions with lots that front on an existing
or proposed road that is privately maintained, plats recorded for
such lots shall contain the following statement: "The road serving
this lot is private and its maintenance, including snow removal, is
not a public responsibility. It shall not be eligible for acceptance
into the state secondary system for maintenance until such time as
it is constructed and otherwise complies with all requirements of
the Virginia Department of Highways and Transportation for the addition
of subdivision streets current at the time of such request. Any costs
required to cause this street to become eligible for addition to the
state system shall be provided from funds other than those administered
by the Virginia Department of Highways and Transportation, the County,
the state or any other governmental entity."
(2)
An instrument, in proper form, shall be recorded in the land records
so as to be reflected in the chain of title of each lot, setting forth
that the construction, repair and maintenance of the roadway connecting
such lot to the public road is not the responsibility of the County
or the state or any other governmental entity and establishing a legally
binding responsibility for the parties who are responsible for any
construction, repair or maintenance, including snow removal, and all
pertinent details. The agreement shall be between the owner of the
lot, the contract purchaser and other parties if pertinent to the
purpose of the agreement.
(3)
All private road subdivision plats shall be presented to the Board
of Supervisors or its designated agent for approval prior to the sale
of any lot therein.
C.
Before the development of any private road, the developer shall file
with the Board of Supervisors or its designated agent three copies
showing a plan and profile of the proposed roadway, prepared by a
surveyor or engineer duly certified to perform such services. The
plan shall show drainage facilities, curvature and profile of the
roadway, right-of-way, pertinent topographical features, typical section,
sketch of boundary lines and lots or tracts fronting on said private
road.
D.
All tracts or lots shall abut on the center line of said private
road, shall have a minimum width of 100 feet and shall contain a minimum
of 20,000 square feet, exclusive of area within said street.
E.
Upon completion of the work on said private road and upon acceptance
of the same by the Board of Supervisors and its designated agent,
the developer shall be furnished two copies of the final plat, on
which he or she shall certify that all work is in accordance with
this section. If certification is withheld, the Board of Supervisors
or its designated agent shall provide to the developer a specific
statement of the reasons for withholding the same.
F.
The subdivider shall erect, within 25 feet of the point where the
primary access road to the subdivision joins a state-maintained road,
a permanent sign, clearly visible from the state-maintained road,
containing the following statement in block letters no less than three
inches high: "THE ROADS IN THIS SUBDIVISION WILL NOT BE PAVED OR MAINTAINED
AT PUBLIC EXPENSE." Such sign shall be maintained by the subdivider
in clearly visible condition for at least five years from the date
the first lot is sold.
G.
The declaration on the plat shall be read at the beginning of all
auction sales and repeated at least two times, with the use of a remote
speaker system. All advertisements shall include the statement "this
is a private road subdivision."
H.
It shall be the responsibility of the owner or proprietors to include
the above declaration within the body of each deed of conveyance to
initial grantees.
I.
Any person violating the foregoing provisions of this section shall
be subject to a fine of not more than $100 per month for each month
in which such person does not comply with the provisions as set forth
herein.
J.
The Board of Supervisors or its designated agent shall collect from
the developer a fee of $20 per 100 linear feet of road platted under
this section.
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,
in the opinion of the agent, a departure may be made without destroying
the intent of such provisions, the agent may authorize an exception.
Any exception thus authorized is to be stated, in writing, in the
report of the agent with the reasoning on which the departure was
justified set forth. No such variance may be granted by this article
which is opposed, in writing, by the County or Highway Engineer or
hearing official.
Any person violating the foregoing provisions of this article
shall, upon notification, in writing, by the Board of Supervisors
or its designated agent, be subject to a fine of not more than $100
per month for each lot or parcel of land so subdivided or transferred
or sold until such person shall have complied with the provisions
as set forth in this article. 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.
Subdivider or developer may apply to the Planning Commission for the
partial and/or complete release of bonds, escrows, letters of credit
or other performance guarantees; the Planning Commission shall make
a recommendation to the Board of Supervisors as to whether such partial
and/or complete releases should be granted.
A.
Vacation of interests granted to the Board of Supervisors. Any interest
in streets, alleys, easements for public rights of passage, easements
for drainage and easements for a public utility granted to the Board
of Supervisors as a condition of the approval of a site plan may be
vacated according to the provision of § 15.2-2270 of the
1950 Code of Virginia, as amended, or any subsequent amendments thereto.
B.
Vacation of plat before sale of lot therein. Where no lot has been
sold, the recorded plat or part thereof may be vacated according to
the provisions of § 15.2-2271 of the 1950 Code of Virginia,
as amended, or any subsequent amendments thereto.
C.
Vacation of plat after sale of lot. In cases where any lot has been
sold, the plat or part thereof may be vacated according to the provisions
of § 15.2-2272 of the 1950 Code of Virginia, as amended,
or any subsequent amendments thereto.
