This chapter shall hereinafter be known as and may be cited as the "Subdivision Ordinance of Carroll County, Virginia."
It is adopted pursuant to the authority of Title 15.2, Chapter 22, Article 6, et seq., of the Code of Virginia of 1950 and amendments thereto.
The provisions of this chapter shall apply to all land within Carroll County, Virginia, which is not within the jurisdiction of incorporated municipalities.
This chapter is adopted for the following purposes:
To promote the public safety, convenience, comfort, prosperity and general welfare of the citizens of the County.
To promote the orderly layout and use of land.
To provide a guide for the change that occurs when land and acreages become urban in character as a result of development for residential, business or industrial purposes.
To avoid the undue concentration of population and the overcrowding of land.
To bring about the coordination of streets within subdivisions with other existing and planned streets.
To provide for the safe and efficient circulation of traffic.
To avoid hazardous intersections and other dangerous conditions.
To establish construction standards for streets and other improvements.
To provide for proper ingress and egress.
To ensure proper legal description and proper monumenting of subdivided land.
To secure safety from flood, fire, panic and other danger.
To facilitate the further resubdivision of tracts or parcels of land.
To provide for adequate drainage and flood control.
In the construction of this chapter, the rules contained in this section shall be observed and applied, except when the context clearly indicates otherwise:
Words used in the present tense shall include the future; words used in the singular number shall include the plural number, and the plural, the singular.
The word "lot" includes the words "plot" and "parcel."
The word "shall" is mandatory and not discretionary.
The word "may" is permissive.
The word "approved" shall be considered to be followed by the words "or disapproved."
The masculine gender includes the feminine and neuter.
Any references to "this chapter" include all ordinances amending or supplementing the same.
All distances and areas refer to measurement in a horizontal plane.
For the purpose of this chapter, certain words or terms used herein shall be defined as follows:
- The Carroll County Planning Commission having been appointed to serve as the agent of the Board in administering all provisions of the Subdivision Ordinance.
- A representative of the Administrator and the Board of Supervisors designated to serve as the agent of the Administrator and the Board in approving and disapproving subdivision plats.
- A public or private right-of-way primarily designed to serve as secondary access to the side or rear of those properties whose principal frontage and access is on a street.
- Authorized on-site soil evaluator.
- BOARD OF SUPERVISORS
- The Board of Supervisors of Carroll County, Virginia.
- BOUNDARY LINE ADJUSTMENT
- A division of a parcel of land solely to change the boundaries of adjoining parcels and not for the purpose of building or the construction of improvements. The resulting parcels so adjusted must be added to and subtracted from existing parcels and may not reduce an existing parcel to create a parcel which does not meet the acreage herein required. Previous lot lines are to be vacated.
- Any structure built for the support, shelter or enclosure of persons, animals, chattel or movable property of any kind and which is permanently affixed to the land and any structure which, pursuant to the Virginia Uniform Building Code, requires a building permit in order to be placed or erected.
- Carroll County, Virginia.
- A local public street having only one end open to traffic and the other end being permanently terminated by an appropriate turnaround for the safe and convenient reversal of traffic movement.
- An owner of property being subdivided, whether or not represented by an agent.
- A grant by the property owner of the use of land for a specific purpose or purposes.
- An engineer licensed by the Commonwealth of Virginia.
- EROSION AND SEDIMENT CONTROL PROGRAM OR STATE PROGRAM
- The program administered by Virginia Soil and Water Conservation Board pursuant to the Code of Virginia § 10.1-560 including regulations designed to minimize erosion and sedimentation.
- FAMILY, IMMEDIATE MEMBER
- Any person who is a natural or legally defined offspring, spouse, sibling, grandchild, grandparent, parent, aunt, uncle, niece or nephew of the owner.
- FAMILY SUBDIVISIONS
- Any person may subdivide for the purpose of transfer to an immediate family member a single division of property of one lot or parcel of land to any immediate family member as the same is defined in this § 216-4, pursuant to § 15.2-2244 of the Code of Virginia 1950, as amended. Family subdivisions shall comply with the requirements and specifications set forth in § 216-30 of this chapter.
- FINAL PLAT
- A map or plan of a subdivision of land which meets all requirements of this chapter, including any accompanying material, as described in Article V of this chapter.
- FLAG LOT
- A tract or parcel of property connected to the state-maintained road by a narrow strip of property known as the "flag pole." The flag pole is to be a part of the flag lot. The minimum building setback line shall be measured from the point where the flag pole meets the flag lot. The maximum number of flag lots shall be three or for the division of tracts or parcels of greater than 10 acres being subdivided into 10 or more tracts or parcels, the maximum number of flag lots shall not exceed 30% of the total number of lots created. All flag lots shall be a minimum of 1.5 acres in size. Any further divisions of flag lots shall comply with all appropriate provisions of this chapter.
- FLAG POLE
- A narrow strip of property connecting a flag lot to the state-maintained road. The minimum width of a flag pole shall be 20 feet. The maximum length of a flag pole shall be 1,000 feet. The maximum number of contiguous flag poles shall be two.
- The length of the property line of any lot, lots or tract of land measured at the front setback line along a street, road or highway against which land abuts.
- HEALTH OFFICER
- The Health Director of Sanitarian of Carroll County, Virginia, or his designated agent.
- HIGHWAY DEPARTMENT
- The Virginia Department of Transportation.
- HIGHWAY ENGINEER
- The engineer employed by the Highway Department serving Carroll County.
- All public utilities and facilities, including but not limited to streets, storm and sanitary sewer systems, curbs and gutters, culverts, catch basins and other drainage structures, waterlines and fire hydrants, sidewalks and street signs.
- The area or territory subject to the legislative control of the Board of Supervisors.
- A numbered and recorded portion of a subdivision intended for transfer or for building development for a single building and its accessory building.
- LOT, BUTT
- A lot at the end of a block and located between two corner lots.
- LOT, CORNER
- A lot abutting two or more streets at their intersections. The shortest side fronting upon a street shall be considered the front of the lot, and the longest side fronting upon a street shall be considered the side of the lot.
- LOT, DEPTH OF
- The horizontal distance between the front and rear lot lines.
- LOT, INTERIOR
- A lot other than a corner lot.
- LOT OF RECORD
- A lot which has been recorded among the land records in the office of the clerk of the appropriate court.
- LOT, THROUGH
- A lot which has a pair of opposite lot lines along two substantially parallel streets and which is not a corner lot. On a "through lot" both street lines shall be deemed front line.
- LOT, WIDTH OF
- The mean horizontal distance between the side lines of a lot measured along the front yard setback line.
- Network service access point.
- Any person, group of persons, firm, corporation or any other legal entity having legal title to the land sought to be subdivided under the chapter.
- PLANNING COMMISSION
- The Planning Commission of Carroll County, Virginia.
- 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."
- Any place, tract, lot, parcel of land or several of the same collected together for the purpose of subdividing.
- Carroll County Public Service Authority.
- Any division or transfer of land, laid out on a plat previously filed in the Circuit Court of Carroll County, which proposes to change property lines or public rights-of-way not in strict accordance with the recorded subdivision.
- A piece or strip of land set aside for use as a street, crosswalk, railroad, electric transmission line, oil or gas pipeline, water main, sanitary or storm sewer main or for another public use.
- That portion of a street used by vehicular traffic.
- That distance from a street right-of-way or boundary of adjacent property upon which a building or other structure may be built
- A public right-of-way which offers a means of vehicular access to properties or provides for through traffic, whether designated as a highway, parkway, turnpike, street, avenue, road, boulevard, throughway, lane place, alley or any other thoroughfare. A "street" shall be deemed the total length and width of the strip of land dedicated for public travel, including such improvements as may be required.
- 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, representing or executing the legal requirements of the subdivision.
- Any division of a lot or parcel of land. The term includes resubdivision and shall relate to the process of subdividing or to the land subdivided. A boundary line adjustment as herein defined shall not be considered a subdivision; however, the plat of such division shall be reviewed and approved by the agent before recordation. Subdivisions in Carroll County are classified as Class A subdivisions, Class B subdivisions or family subdivisions. Subdivisions may be completed in phases. For multiple phase subdivisions, a subdivision map key or subdivision overlay map must be included and all properties to be subdivided shall physically connect.
- A. Class A subdivisions are standard subdivisions and shall comply with all requirements of this chapter.
- B. Class B subdivisions are subdivisions intended for the primary purpose of erecting non-primary recreational dwellings. Lots within Class B subdivisions will not receive public services, and the streets serving such subdivisions will not be constructed to the standards of the Virginia Department of Transportation (VDOT) or maintained by VDOT or public funds. All streets within a Class B subdivision shall be maintained by the developer or a homeowners' association. No Class B streets shall serve as a thoroughfare between two state-maintained roads. All lots in Class B subdivisions shall be a minimum of 2.5 acres in size and shall not be resubdivided. Class B subdivisions shall comply with all requirements of this chapter but shall have reduced requirements for streets as herein provided.
- C. Class C subdivisions are nonstandard subdivisions intended for the primary purpose of erecting primary dwellings. Class C subdivisions are intended to allow limited subdivision of parcels of real estate in existence as of January 1, 2014, which lack road frontage and/or acreage necessary to develop a Class A or Class B subdivision on the parcel. Therefore, no Class C subdivision may be created except on parcels existing and recorded in the office of the Clerk of the Circuit Court of Carroll County, Virginia, before January 1, 2014, and which parcel lacks road frontage and/or acreage necessary to develop a Class A or Class B subdivision pursuant to the provisions of the Carroll County Subdivision Ordinance. The maximum number of lots allowed in a Class C subdivision shall be five lots. Lots within Class C subdivisions will not receive public services and the streets serving such subdivisions will not be constructed to the standards of the Virginia Department of Transportation (VDOT) or maintained by VDOT or public funds. All streets within a Class C subdivision shall be maintained by the developer or a homeowners' association. All lots in Class C subdivisions shall be a minimum of 1.5 acres in size and shall not be resubdivided. Class C subdivisions shall comply with all requirements of this chapter but shall have reduced requirements for streets as herein provided.
- D. Family subdivisions are as herein defined.
Editor's Note: See now § 62.1-44.15:51 et seq., Code of Virginia.
In their interpretation and application, the provisions of this chapter shall be held to be the minimum requirements for the promotion of the public health, safety and general welfare.
Where the conditions imposed by any provisions of this chapter upon the subdivision of land are either more restrictive or less restrictive than comparable conditions imposed by any other provisions of this chapter or of the provisions of any other ordinances of Carroll County, the regulations which are more restrictive and impose higher standards or requirements shall govern.
This chapter is not intended to annul any easement, covenant or other private agreement, provided that where the regulations of this chapter are more restrictive or impose higher standards or regulations than such easement, covenant or other private agreement, the requirements of this chapter shall govern.
The Carroll County Planning Commission and the agent are hereby delegated the authority to administer this chapter.
The Planning Commission and the agent shall perform all duties regarding subdivision and subdividing in accordance with this chapter and applicable state authority.
In the performance of his duties, the Planning Commission and the agent may call for written opinions or decisions from County officials in considering details of any submitted plat.
Plats to be considered at the next meeting of the Planning Commission shall be submitted in the agent's office at least 14 business days prior to the Planning Commission meeting.
The Planning Commission meeting shall meet on such days and at such times as the Planning Commission shall, by resolution duly adopted, directs.