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:
(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.
A.
Plans and specifications for utility fixtures and systems to be submitted
for approval. Owners of any such subdivision that desire to construct
in, on, or under any streets or alleys located in such subdivision
any gas, water, sewer, or electric light or power works, pipes, wires,
fixtures, or systems shall present plans or specifications therefor
to the governing body of the Town of Elkton or its authorized agent
for approval. The governing body shall have 60 days in which to approve
or disapprove the same. In event of the failure of the governing body,
or its agent, to act within such period, such plans and specifications
may be submitted, after 10 days' notice to the town, to the Judge
of the Circuit Court having jurisdiction within Town for approval
or disapproval, and approval thereof shall, for all purposes of this
article, be treated and considered as the approval of the town.
B.
Septic tanks. The governing body shall not approve any subdivision
where sanitary sewers are not provided unless it shall receive in
writing from the Health Department a statement to the effect that
the area contained in the subdivision is generally satisfactory for
the installation of private septic tank systems, and that they will
not, so far as can be determined, create hazards to public health,
and that approval by the governing body is only with the understanding
that where private septic tank systems are to be installed, they must
be approved on an individual basis by the Health Department.
C.
Public water and/or sewer. Where public water and/or sewer is available,
the service shall be extended to all lots within a subdivision by
the developer.
D.
Fire protection. The installation of adequate fire hydrants in a
subdivision at locations and quantities approved by the County Fire
Marshall is required.
[Amended 4-18-2005]
E.
Flood control and drainage. If any portion of the proposed subdivision
is determined by the agent to be in the one-hundred-year floodplain,
the subdivider shall provide the necessary information to demonstrate
that the presence of the one-hundred-year floodplain was considered
in the layout of the subdivision. The subdivider shall also provide
the plans for meeting the statewide stormwater management criteria,
or alternate criteria adopted by the Elkton Town Council. The flood
control and drainage information shall include a properly certified
engineer's statement that such improvements, when properly installed,
will be adequate to meet the criteria as applied to the proposed development.
F.
Utility easements. The Town may require easements for drainage through
adjoining property be provided by the subdivider. Easements of not
less than 20 feet in width shall be provided for water, sewer, power
lines, and other utilities to serve the subdivision when required.
G.
Town not obligated to pay for grading, paving, etc. Nothing herein
shall be construed as creating an obligation upon the Town of Elkton
to pay for grading or paving, or for sidewalks, sewers, water systems,
curb and gutter improvements, or other construction.
[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.
Four copies of the final plat shall be submitted to the Administrator.
The subdivision plats submitted for final approval by the governing
body and subsequent recording shall be clearly and legibly printed
at an appropriate scale, i.e., 100 feet to the inch, on sheets not
exceeding 17 inches by 22 inches in size. When a subdivision cannot
be platted on sheets of this size, it is suggested that it be platted
in sections, numbering the sections numerically, as Section 1, 2,
etc., of (Official Name) subdivision.
B.
Plat should contain at least the following information:
(1)
Name of subdivision, ward, town, state, owner, North point,
scale of drawing, and number of sheets. If shown on more than one
sheet, match lines shall clearly indicate where the several sheets
join. A space containing the certificate of approval shall be provided
for the use of the approving authority. (See Appendix A.[1])
[1]
Editor's Note: Appendix A is on file in the office of the
Town Clerk.
(2)
Location of proposed subdivision by an insert map, at a scale
of not less than one inch equals 2,000 feet, indicating adjoining
roads, their names and numbers, towns, subdivisions, and other landmarks.
(3)
A boundary survey with an error of closure within the limits
of one in 5,000 related to the true meridian and showing the location
of all monuments and their type of material. The survey may be related
to the State Plan Coordinate Grid, if the coordinates of two adjacent
sides of the subdivision are shown.
(4)
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 the owners, proprietors, and trustees, if any, and shall be duly
acknowledged before some officer authorized to take acknowledgments
of deeds on the form shown in Appendix A.
(5)
When the subdivision consists of land acquired from more than
one source of title, the outlines of the various tracts shall be indicated
by dashed lines, and identification of the respective tracts shall
be placed on the plat.
(6)
The accurate location and dimensions by bearings and distances
with all curve data on all lots and street lines and center lines
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
subdivision and adjoining said boundaries.
(7)
All dimensions shown shall meet the standards published by the
State Board of Licensing.
(8)
The data of all curves along the street frontages shall be shown
in detail at the curve or in a curve data table containing the following:
delta, radius, arc, tangent, chord, and chord bearings.
(9)
A professional engineer or surveyor shall certify all required
facilities are designed and built to the requisite standards. (See
Appendix A.)
A.
The Town Council shall act on proposed final plats within 60 days
after it has been officially submitted for approval by either approving
or disapproving such plat in writing, and giving with the latter specific
reasons therefor. The specific reasons for disapproval may be contained
in a separate document or may be written on the plat itself, and shall
relate in general terms such modifications or corrections as will
permit approval of the plat.
B.
If the Town Council fails to act on the proposed plat within 60 days
after it has been officially submitted for approval, the subdivider,
after 10 days' written notice to the Town Council may petition the
Circuit Court of the County of Rockingham to decide whether the plat
should or should not be approved. The Court shall hear the matter
and make and enter such order with respect thereto as it deems proper.
C.
If the Town Council disapproves a plat and the subdivider contends
that such disapproval was not properly based on the ordinance applicable
thereto, or was arbitrary or capricious, he or she may appeal to the
Circuit Court having jurisdiction of such land, and the Court shall
hear and determine the case as soon as possible, provided that the
appeal is filed with the Circuit Court within 60 days of the written
disapproval by the Town Council.
D.
The subdivider shall have not more than six months after receiving
final approval to file the subdivision plat for recordation. If a
plat is not filed for recordation within the time limit such approval
shall be withdrawn and the plat marked void and returned.
E.
Before the acceptance of dedication for public use of any right-of-way
located within any subdivision which has been constructed or proposed
to be constructed within the subdivision, any street, curb, gutter,
sidewalk, bicycle trail, drainage or sewerage system, waterline as
part of a public system, or other improvement financed or to be financed
in whole or in part by private funds the owner or developer must:
(1)
Certify to the governing body that the construction costs have
been paid to the person constructing such facilities; or
[Amended 12-18-2000]
(2)
Furnish to the governing body a certified check, letter of credit,
cash escrow, or contract for construction in the amount of the estimated
costs of construction or a personal, corporate or property bond, with
surety satisfactory to the governing body, in an amount sufficient
for and conditioned upon the construction of such facilities.
F.
Should the Town have accepted the dedication of a road for public
use and such road is not acceptable into the state highway system
due to factors other than its quality of construction, the Town may
require the subdivider or developer to furnish a maintenance and indemnifying
bond or letter of credit with surety satisfactory to the governing
body, in an amount sufficient for, and conditioned upon, the maintenance
of such road until such time as it is accepted into the state highway
system.
G.
Recordation. The recordation of such plat shall operate to transfer,
in fee simple, to the Town of Elkton such portion of the premises
platted as is on such plat set apart for streets, alleys, or other
public use and to transfer to the Town any easement indicated on such
plat to create public right of passage over the same.
H.
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 chapter, and has made satisfactory arrangements
for performance bonds, to the satisfaction of the agent. Approval
of final plat shall be written by the agent on the face thereof.
[Amended 1-18-2010]
A.
A lot line on an existing parcel may be revised or vacated if the
revision or vacation will not be in conflict with any provisions of
this chapter.
B.
Vacations. The property owner or proprietor of a tract of land in Elkton shall file a plat meeting the requirements of § 110-908. The Zoning Administrator shall review requests for lot line vacations for compliance with this chapter and shall approve the plat if he/she finds all to be in compliance with provisions of this chapter.
[Amended 12-18-2000]
A.
A plat may be vacated by ordinance of the governing body of the Town
of Elkton in which the land shown on the plat or part thereof to be
vacated lies, on motion of one of its members, or on application of
any interested person. Such ordinance shall not be adopted until after
such notice has been given as required by § 15.2-2204. Said
notice shall clearly describe the plat or portion thereof to be vacated
and state the time and place of the meeting of the governing body
at which the adoption of the ordinance is to be considered. An appeal
from the adoption of the ordinance may be filed within 30 days with
the Circuit Court having jurisdiction of the land shown on the plat
or part thereof to be vacated. Upon such appeal, the Court may nullify
the ordinance if it finds that the owner of any lot shown on the plat
will be irreparably damaged. If no appeal form the adoption of the
ordinance is filed within the time provided or if the ordinance is
upheld on appeal, a certified copy of the ordinance of vacation shall
be recorded in the clerk's office of the Court in which the plat is
recorded.
B.
In cases where any lot has been sold, the plat or part thereof may
be vacated according to either of the following methods:
(1)
By instrument in writing agreeing to said vacation signed by
all the owners of lots shown on said plat and also signed on behalf
of the governing body of the Town in which the land shown on the plat
or part thereof to be vacated lies for the purpose of showing the
approval of such vacation by the governing body. The word "owners"
shall not include lien creditors except those whose debts are secured
by a recorded deed of trust or mortgage and shall not any consort
of an owner. The instrument filed for record in the clerk's office
of any Court in which said plat is recorded.
(2)
By ordinance of the Town of Elkton Town Council on motion of
one of its members or on application of any interested person. Such
ordinance shall not be adopted until after such notice has been given
as required by § 15.2-2240 of the Code of Virginia. Said
notice shall clearly describe the plat or portion thereof to be vacated
and state the time and place of the meeting of the governing body
at which the adoption of the ordinance will be voted upon. Any person
may appear at said meeting for the purpose of objecting to the adoption
of the ordinance. An appeal from the adoption of the ordinance may
be filed within 30 days with the Circuit Court having jurisdiction
over the land shown on the plat or part thereof to be vacated. Upon
such appeal, the Court may nullify the ordinance if it finds that
the owner of any lot shown on the plat will be irreparably damaged.
If no appeal from the adoption of the ordinance is filed within the
time provided or if the ordinance is upheld on appeal, a certified
copy of the ordinance or vacation shall be recorded in the Clerk's
office of any court in which the plat is recorded.
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.
