This chapter shall apply to all subdivisions of land in the
County.
A.
No person shall subdivide any land without making and recording a
plat of such subdivision and fully complying with the provisions of
state law and this chapter.
B.
No plat of any subdivision shall be recorded unless and until it
shall have been submitted to and approved by the agent.
C.
No person shall sell or transfer any land of a subdivision before
such plat has been duly approved and recorded, as provided herein,
unless such subdivision was lawfully created prior to the adoption
of a subdivision ordinance applicable thereto; provided, however,
that nothing herein contained shall be construed as preventing the
recordation of the instrument by which such land is transferred or
the passage of title as between the parties to the instrument.
D.
No clerk of any court shall file or record a plat of a subdivision
required by this chapter until such plat has been approved by the
agent, as required herein, nor shall any instrument which has the
effect of creating a subdivision be filed or recorded until such has
been approved by the agent.
In addition to the requirements contained herein, all development
shall comply with all applicable ordinances, requirements and permitting
procedures of the various local, state, and federal review/regulatory
agencies. This chapter is not intended to interfere with, abrogate
or annul any order of a court of competent jurisdiction, or any statute,
regulation, or other provision of law. Where this chapter, or any
provision herein, differs with any provision of any applicable ordinance,
code, requirement or regulation, or other provision of law, whichever
provisions are the more restrictive or impose the higher standards
shall apply.
This chapter bears no relation to any private easement, covenant,
agreement, or restriction, nor is the responsibility of enforcing
such private easement, covenant, agreement or restriction implied
herein to any public official. When this chapter calls for more restrictive
standards than are required by private contract, the provisions of
this chapter shall control.
A.
Where, in the case of a particular proposed subdivision, it can be
shown that strict compliance with the requirements of this chapter
would result in substantial injustice or substantial hardship to the
subdivider because of unusual topography or other situations or conditions
which are not self-inflicted, or that these conditions would result
in inhibiting the achievement of the objectives of these regulations,
the agent and/or Board of Supervisors may vary, modify, or waive the
requirements such that substantial justice may be done and the public
interest secured; provided, however, that such variance, modification,
or waiver will not have the effect of nullifying the intent and purpose
of this chapter or being contrary to the goals and objectives of the
comprehensive plan, the zoning ordinance and the erosion and sediment
control ordinance for the County.[1] Any exception thus authorized is to be stated in writing
in the minutes of the agent and/or Board of Supervisors with the reasoning
in which the departure was justified set forth. Any opposition submitted
in writing from the highway engineer or Health Official will be considered
for not approving a variance to this chapter.
The agent, on behalf of the Board, may institute, or cause to
be instituted, any appropriate action or proceeding against any subdivider
or other person who fails or refuses to comply with the provisions
of this chapter.
Any person violating any of the provisions of this chapter shall
be guilty of a misdemeanor and upon conviction shall be subject to
a fine of not more than $500 for each lot or parcel of land subdivided
or transferred or sold in violation of this chapter. Furthermore,
each day after the first from which the violation continues shall
constitute a separate violation. The description of such lot or parcel
by metes and bounds or courses and distances in the instrument of
transfer or other document used in the process of subdividing, selling
or transferring shall not exempt the transaction from the penalties
or remedies set forth herein.
There shall be a charge for the examination and approval or
disapproval of every preliminary plat reviewed by the agent. At the
time of filing the preliminary plat, the developer shall deposit with
the agent checks payable to the Treasurer of the County of Mathews
in the amount set by the current fee schedule as approved by the Board
of Supervisors.
Should any article, section, subsection, or provision of this
chapter be declared by a court of competent jurisdiction to be invalid
or unconstitutional such decision shall not affect the validity or
constitutionality of this chapter as a whole or any part thereof other
than the part so declared to be invalid or unconstitutional.
All ordinances or portions of ordinances of Mathews County in
conflict with this chapter are hereby repealed to the extent of their
conflict.
This chapter may be amended in whole or in part by the Board
of Supervisors providing no such amendment shall be adopted without
a public hearing having been held in accordance with the Code of Virginia,
1950, as amended.
A.
This chapter supercedes original ordinance that was duly considered,
following a public hearing held July 19, 1979 and adopted by the Board
of Supervisors of Mathews County, Virginia, at their regular meeting
on August 28, 1979.
B.
This chapter was duly considered, following a required public hearing
held September 20, 2005 and was adopted by the Board of Supervisors
of Mathews County, Virginia, at their regular meeting on November
22, 2005.
C.
This chapter shall be effective upon adoption.
