A.
No person shall subdivide any tract of land that is located within
the unincorporated area of Carroll County, Virginia, except in conformity
with the provisions of this chapter.
B.
This chapter shall not apply to any subdivision that was fully surveyed
by a certified land surveyor and a plat made thereof recorded in the
Circuit Court Clerk's Office of Carroll County, Virginia, and
from which lots were sold or improvements were made pursuant to such
survey plat prior to July 1, 2009, provided that any alterations to
such a subdivision after July 1, 2009, shall be subject to the provisions
of this chapter. Furthermore, this chapter shall not apply to subdivisions
that were fully surveyed and a plat thereof recorded in the Clerk's
office of Carroll County prior to July 1, 2009, provided that any
alterations thereto after July 1, 2009, shall be subject to the provisions
of this chapter. The Administrator shall, upon request, make a determination
as to whether or not a subdivision was created prior to July 1, 2009,
and to what extent such a subdivision is subject to the terms of this
chapter. The Administrator shall issue a written opinion stating the
Administrator's conclusions and the reasons therefore. The person
requesting such an opinion shall provide all necessary information
to the Administrator.
No owner or agent of the owner of any parcel of land located in a proposed subdivision shall transfer or sell such parcel before a plat of said subdivision has been approved by the Administrator in accordance with the provisions of this chapter and has been duly recorded in the Circuit Court Clerk's office located in the Carroll County Courthouse. Violations of this section may be punished in accordance with § 216-45 of this chapter; however, nothing herein shall be construed to prevent the recordation of the instrument by which the land is transferred or the passage of title between the parties to the instrument.
The recordation of the final plat shall operate to transfer
to the County, in fee simple, 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 County any easement indicated on such plat
to create a public right of passage over the same. There shall be
no duty on the County to construct, maintain, or improve said streets,
alleys, or public access.
A.
Cemetery.
(1)
Land set aside for the development of a cemetery shall not be required
to follow the provisions of this chapter; provided, however, that
this property shall be served by a thirty-foot right-of-way from a
state-maintained road. A cemetery shall be defined as a single division
of property in which the land is used or intended to be used for the
burial of the dead, and dedicated for cemetery purposes, including
columbariums, crematories, and mausoleums. The plat showing the cemetery
boundary and right-of-way shall be submitted to the subdivision agent
for review and approval.
(2)
Land divided for the purpose of establishing a separate parcel as
a cemetery where the property has been used as a cemetery prior to
January 1, 2014, shall not be required to follow the provisions of
this chapter; provided, however, that the plat showing the cemetery
boundary shall be submitted to the subdivision agent for review and
approval.
B.
Land divided for the purpose of the placement of utilities shall
not be required to follow the provisions of this chapter. The plat
showing the boundary of such property shall be submitted to the subdivision
agent for review and approval.
C.
A division of property by will which devises parcels with an acreage
or boundary description shall not be a subdivision as defined herein;
provided, however, that all improvements constructed on the parcels
created shall comply with the International Building Code at the time
of construction of improvements thereon, and all parcels created shall
not be further divided without compliance with the provisions of this
chapter.
D.
A division of property for the purpose of removing a portion of the
property from the Growth Tier listed in the Carroll County Comprehensive
Plan and placing this property into the Agriculture Tier of the Comprehensive
Plan for the purpose of establishing a conservation easement, an Agricultural
District, or a Forestal District on such property shall not be considered
a subdivision as defined herein, provided that a plat of the area
to remain in the Growth Tier shall be submitted to the subdivision
agent for review and approval, the area to remain in the Growth Tier
shall not be less than 200 feet in depth from the road right-of-way,
and the portion of the property to be placed into the Agriculture
Tier and subsequently placed in a conservation easement, an Agricultural
District, or a Forestal District shall be served by a minimum fifty-foot
wide right-of-way which shall be shown on the plat. Prior to approval,
evidence must be presented that the property to be placed in a conservation
easement, Agricultural District or Forestal District qualifies and
will be accepted under such easement or district.
Any property owner desiring to make application for a variance
shall file a written application for a variance with the Administrator.
The application and accompanying maps, plans, or other information
shall be acted upon by the Administrator within 60 days of date of
filing. A notice of the application for a variance shall be published
in a newspaper having general circulation in Carroll County, which
notice shall state the application requests, why it is requested,
and shall give notice of a public hearing concerning said application.
The applicant shall pay all costs associated with the request.
A.
Requirements for submission of applications. The applicant shall
submit the following:
(1)
A copy of all preliminary maps, plans or other information related
to the application.
(2)
A list of names and addresses of all of those owning property adjacent
to the property for which a variance is being requested.
(3)
Narrative description of the nature of the variance and justification
as set forth in this section.
B.
Criteria for deciding upon variance. The following criteria shall
be used by the Planning Commission in reaching its decisions regarding
requests for variances:
(1)
An unusual situation or when strict adherence to the general regulations
would result in substantial injustice or hardship. Hardship is defined
in physical terms and not in financial terms; and
(2)
The authorization of the variance will not create a substantial detriment
to adjacent or nearby property; and
(3)
The situation is not of so general or recurring a nature as to make
reasonably practicable the formulation of general regulations to be
adopted as amendment(s) to this chapter; and
(4)
The hardship is created by the physical character of the property
or of the property. Personal, pecuniary (financial), or self-inflicted
hardship shall not be considered grounds for the authorization of
a variance.
C.
Written reasons for variance. Any exception thus authorized shall
be stated in writing, with the reasoning on which the variance was
justified set forth.
D.
Conditions may be attached. The Planning Commission may attach such
conditions and safeguards to the variance as it deems necessary to
protect the general public interest.
Any person, firm or corporation aggrieved by the Administrator's
objection to a plat or a failure to approve a final plat may appeal
to the Carroll County Board of Supervisors. All such appeals shall
be brought before the Board and a decision announced by that body
within 30 days following the objection or rejection of the plat by
the Administrator. The Board of Supervisors may direct that the final
plat be approved if it finds that the action of the Administrator
was arbitrary, unreasonable, or discriminatory. If the decision of
the Board is in agreement with the Administrator's disapproval
of the plat and the subdivider further contends that such disapproval
was not properly based on the ordinance applicable thereto or was
arbitrary or capricious, he may then appeal to the Circuit Court having
jurisdiction of such land, and the Court shall hear and determine
the case.
Any person or persons violating the provisions of this chapter
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 each such subdivision
and each individual sale in violation of this chapter shall constitute
a separate offense. 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.
This chapter may be amended from time to time by the Board of
Supervisors in accordance with § 15.2-2240 et seq. of the
Code of Virginia 1950, as now or hereafter in effect.
Certified copies of this chapter and all amendments thereof
shall be filed in the offices of the Planning Commission, the County
Administrator, and the Clerk of the Circuit Court of Carroll County.
