County of York, VA
 
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Table of Contents
Table of Contents
This chapter shall be known and may be cited as the "Subdivision Ordinance of York County, Virginia," or simply as the "Subdivision Ordinance" when, by its usage, its applicability to York County, Virginia is implied or understood.
The purpose and intent of this chapter is to establish procedures and standards which support and guide the proper subdivision of land in York County, Virginia, and serve the following purposes:
(a) 
To protect and promote the public health, safety, and general welfare of the County and its citizens.
(b) 
To guide the future growth and development of the County.
(c) 
To provide for adequate light, air, privacy, and healthful conditions by preventing overcrowding of the land and undue congestion of population.
(d) 
To protect and promote reasonable safety from fire, flooding, and other natural and man-made disasters.
(e) 
To protect the character and economic stability of all parts of the County by encouraging the orderly and beneficial development of land and by minimizing potential conflicts among the uses of land.
(f) 
To provide for the coordination of streets and other manners and modes of transportation through the dedication or reservation of public rights-of-way so that congestion and safety problems can be avoided.
(g) 
To ensure the adequacy and maintainability of public utilities and facilities through the dedication or reservation of easements and extensions.
(h) 
To establish reasonable standards for the design and layout of subdivisions and to ensure proper legal descriptions and monumentation of subdivided land.
(i) 
To prevent the degradation of the natural environment, and especially the Chesapeake Bay, by encouraging the wise management and use of natural resources including the preservation of environmentally sensitive natural features and land areas and ensuring that no more land is disturbed than is absolutely essential to support the proposed development.
(j) 
To preserve the natural beauty and features of the County and to ensure that development of land is compatible with these features.
(k) 
To promote the provision of open spaces through the efficient and harmonious design and use of land.
(l) 
To ensure that land is developed in general conformance with the comprehensive plan within the guidelines set forth in the zoning ordinance.
(a) 
This chapter shall be effective on December 1, 1991, at which time, Appendix B, Subdivision Ordinance, York County Code, and all amendments thereto shall be repealed.
(b) 
The adoption of this chapter shall not abate any pending action, liability or penalty of any person accruing or about to accrue, nor waive any right of the County, under any provision in effect prior to the effective date of this chapter, unless expressly provided for in this chapter.
(c) 
Any subdivision for which a plat has received written approval prior to the effective date of this chapter and for which a final plat is recorded within one year of the date of such approval, may be developed in accordance with the subdivision ordinance in effect on the date of such approval.
[Ord. No. 05-33, 12-20-2005; Ord. No. 17-11, 9-19-2017]
For the purpose of this chapter, certain words and terms shall be interpreted as follows:
(a) 
Words used in the present tense include the future tense; words in the singular include the plural, and the plural includes the singular unless the obvious construction and context indicates otherwise.
(b) 
The word "SHALL" is a mandatory requirement; the words "MAY" and "SHOULD" are permissive requirements.
(c) 
The term "PERSON" includes individuals, partnerships, corporations, clubs and associations.
(d) 
The word "INCLUDES" and its various forms does not limit a term to the specified examples, but is intended to extend the term's meaning to all instances or circumstances of a similar kind, character, or class.
(e) 
Any reference to "THIS CHAPTER" or "THIS ORDINANCE" shall mean the Subdivision Ordinance of York County, Virginia and all amendments hereto; any reference to "THIS CODE" shall mean the Code of the County of York, Virginia and all amendments thereto.
(f) 
References to sections of the Code of Virginia are applicable as to the effective date of this chapter. Subsequent changes to those sections, including renumbering, which do not result in a change in content or effect, shall be deemed to be incorporated herein, mutatis mutandis.
(g) 
References to supplementary documents, publications, or regulatory materials shall be deemed to include any subsequent amendments, re-printings, updates, or replacement volumes.
[Ord. No. 05-33, 12-20-2005; Ord. No. 17-11, 9-19-2017]
For the purpose of this chapter, certain words and terms shall be interpreted as follows:
AGENT
The County Administrator or his designee.
ARBORIST
Any individual trained in arboriculture, forestry, landscape architecture, horticulture, or related fields and experienced in the conservation and preservation of native and ornamental trees. This definition shall also incorporate the term urban forester.
ARCHITECT
Any individual licensed by the Commonwealth of Virginia to practice architecture.
ARCHITECT, LANDSCAPE
An individual certified by the Commonwealth of Virginia to practice landscape architecture.
AVERAGE DAILY TRAFFIC (ADT)
The average number of vehicles per day which pass over a given point on a roadway.
BEST MANAGEMENT PRACTICE (BMP)
A practice, or combination of practices, that is determined by a state agency or the Hampton Roads Planning District Commission to be the most effective, practicable means of preventing or reducing the amount of pollution generated by nonpoint sources to a level compatible with water quality goals.
BLOCK
Land containing lots which are bounded by streets or a combination of streets and public lands, railroads, rights-of-way, shorelines, or boundaries of the County.
BOARD
The Board of Supervisors of York County, Virginia.
BUFFER
An area, fencing, landscaping, or a combination thereof used to shield or block noise, lights, glare, pollutants, or other potential or actual nuisances. When located within a Chesapeake Bay Preservation Area or Watershed Protection Area, buffer shall mean an area of natural or established vegetation to protect other components of a resource protection area, reservoirs and state waters from significant degradation due to land or other disturbances.
CALIPER
The diameter of a tree trunk measured six inches above ground level for nursery stock and 4 1/2 feet above ground level for naturally occurring trees.
CENTRAL WATER SYSTEM
A water system in which all connections in the subdivision are served by one or more water sources through a common distribution system owned and operated by the County or other governmental entity, including all structures, hydrants, property, equipment and appurtenances used in the collection, storage, and distribution of water.
CERTIFICATE OF OCCUPANCY
A document issued by the County permitting the occupancy or use of a building.
CHANNEL
The bed and banks of a watercourse which conveys the perennial or intermittent flow of that watercourse.
CHESAPEAKE BAY PRESERVATION AREA
Any land designated by the County pursuant to the Chesapeake Bay Preservation Area Designation and Management Regulations (4 VAC 50-90, et seq.) and § 62.1-44.15:67 et seq., Code of Virginia of the Chesapeake Preservation Act, as they may be amended from time to time. The Chesapeake Bay Preservation Area consists of a Resource Management Area (RMA) and a Resource Protection Area (RPA).
COMMISSION
The York County Planning Commission.
CONDOMINIUM
A building, or group of buildings, in which units are owned individually and the structure, common areas and common facilities are owned by all the owners on a proportional, undivided basis and which has been created by the recordation of condominium instruments pursuant to the provisions of Chapter 4.2 of title 55, Code of Virginia.
CONDOMINIUM ASSOCIATION
The community association which administers and maintains the common property and common elements of a condominium. Title to the common property is held on a proportional, undivided basis by the condominium owners.
COUNTY ADMINISTRATOR
The County Administrator of York County, Virginia as appointed by the board.
COUNTY ATTORNEY
The County Attorney of York County, Virginia as appointed by the board.
CUL-DE-SAC
A minor street with only one outlet and having a circular turnaround at the opposite end for the safe and convenient reversal of traffic movement.
DECLARATION
Any instrument, however denominated, recorded with the clerk of the circuit court of the County that imposes on a property owner's association maintenance or operational responsibilities for common areas and creates the authority in the property owner's association to impose on lots, or on the owners or occupants of such lots, or any other entity, any mandatory payment of money in connection with the provision of maintenance or services, or both, for the benefit of some or all of the lots, the owners or occupants of the lots, or the common area. The term shall include any amendment or supplement to the instruments described herein. It shall not, however, include a declaration of a condominium, real estate cooperative, timeshare project or campground.
DESIGN HOUR
The worst-case traffic situation on a given street or within a roadway network or system expected to occur within a one-hour period during a weekday in the design year.
DESIGN YEAR
The year in which the project is anticipated to be completely constructed and occupied, or 20 years from initial development, whichever shall be later.
DETENTION BASIN
A man-made or natural water impoundment designed to collect surface and sub-surface water in order to impede its flow and to release it gradually at a rate not greater than that existing prior to the development of the property, into adequate natural and/or man-made outlets or channels. Also referred to as a "dry pond."
DEVELOPMENT
Any man-made change to improved or unimproved real estate including but not limited to buildings or other structures, excavating, mining, filling, grading or paving.
DRAINAGE
The removal of surface water or groundwater from land by drains, ditches, piping, grading, or other means.
DRAINAGE FACILITY
Any component of the drainage system.
DRAINAGE STRUCTURE
Any man-made component of the drainage system.
DRAINAGE SYSTEM
The system through which water flows from the land including all drainage structures, drainage facilities, watercourses, water bodies and wetlands.
DUPLEX
A dwelling unit for single-family occupancy attached to one other single-family dwelling unit by a common vertical fire-resistant wall with each dwelling unit located on a separate lot.
EASEMENT
A grant by one property owner to another, recorded with the clerk of the circuit court, of the right to use the described land for specific purposes.
ENGINEER
An individual licensed by the Commonwealth of Virginia to engage in the practice of engineering.
ENVIRONMENTAL CONSTRAINTS
Features, natural resources, or land characteristics that are sensitive to development activities and/or installation of improvements and may require conservation measures and/or the application of creative development techniques to prevent degradation of the environment. In some instances, environmental constraints may limit or preclude development.
EROSION
The detachment and movement of soil or rock fragments, or the wearing away of the land surface by water, wind, ice, or gravity.
FIRE DEPARTMENT
The York County Fire and Rescue service.
FLOODPLAIN
A land area likely to be inundated by a flood.
GEODETIC CONTROL NETWORK
A system of survey monuments whose precise positions have been established and from which additional surveys can be derived. The geodetic control network in the York County has two components:
(a) 
A system of 130 survey monuments located throughout the County the precise positions and elevations of which have been established by rigorous ground and global positioning surveys, and which are fully referenced to the Virginia Coordinate System of 1983 (South Zone) and the 1983 North American Datum.
(b) 
A system of survey monuments located in and on subdivision boundaries and rights-of-way the positions of which have been established by ground surveys.
HEALTH DEPARTMENT
The Commonwealth of Virginia Department of Health or an authorized official thereof.
HIGHWAY/ROADWAY CAPACITY
The maximum number of vehicles that can be expected to travel over a given section of roadway or a specific lane during a given time period under prevailing roadway conditions and prevailing traffic patterns and conditions.
IMPERVIOUS SURFACE
A surface composed of any material that significantly impedes or prevents natural infiltration of water into the soil. Impervious surfaces include, but are not limited to: roofs, buildings, decks, streets, parking areas, and any concrete, asphalt, or compacted aggregate surface.
IMPROVEMENTS
All public and quasi-public utilities and facilities including streets, sanitary sewers, waterlines, stormwater management and erosion control facilities, monuments, signs, sidewalks, streetlights, and all other similar features required by this chapter or by the zoning ordinance.
LAND SURVEYOR or SURVEYOR
An individual certified and licensed by the Commonwealth of Virginia to engage in the practice of land surveying.
LANDSCAPING
The improvement of a lot or parcel with grass, ground covers, shrubs, trees, other vegetation and/or ornamental objects. Landscaping may include earthforms, pedestrian walks, flower beds, ornamental objects such as trellises, fountains or statues, and other natural features.
LEVEL OF SERVICE (LOS)
A set of criteria which describes the degree to which an intersection, roadway, lane configuration, weaving section or ramp serves peak period and/or daily traffic.
LOT
A unit, division, or piece of land; generally created as a result of subdivision of property. The term is synonymous with plot, parcel, premises, and site.
LOT FRONTAGE
The distance along a street between one side lot line to another.
LOT OF RECORD
Any lot created by the recordation of a plat in the office of the clerk of the circuit court, provided that:
(a) 
Such lot and plat complied fully with all regulations in the subdivision ordinance and zoning ordinance in effect at the time of such recordation; or
(b) 
Such lot and/or plat was not in conformance with the regulations contained in the subdivision ordinance or zoning ordinance at the time of said recordation, but has become conforming by subsequent amendment of said regulations.
LOT, CORNER
A lot abutting two or more streets at their intersection.
LOT, FLAG
A lot which does not abut a public street other than by its driveway or other strip of land not meeting the required minimum frontage standards.
LOT, INFILL
A vacant lot for new development which is located within a built-up area.
LOT, INTERIOR
A lot other than a corner lot.
LOT, THROUGH
An interior lot abutting two or more streets which do not intersect at the boundaries of the lot.
MONUMENT or SURVEY MONUMENT
A permanent structure or edifice used or installed to mark the position of a survey station.
MULTIPLEX
A dwelling unit for single-family occupancy consisting of a combination (back-to-back, side-to-side, or back-to-side) of at least three and not more than six such units with each unit having at least two exterior exposures, each unit separated from any other by common fire-resistant walls, and each unit located on a separate lot.
OPEN SPACE
An area intended to provide light and air, and designed, depending on the situation, for environmental, scenic, and/or recreational purposes. The computation of open space shall not include driveways, parking lots, or other surfaces designed or intended for motorized vehicular traffic.
OPEN SPACE, COMMON
Open space within or related to a development, not a part of individually owned lots or dedicated for general public use, but designed and intended for the common ownership, enjoyment and use of all the residents or property owners of the development.
PARCEL IDENTIFICATION NUMBER
A number or series of numbers assigned by the County which uniquely identifies each parcel of land in the County.
PEAK PERIOD (also PEAK HOUR)
The period or hour in which the heaviest traffic volume occurs on a roadway or within a network.
PLANTING AREA
The area within which vegetation is installed which provides a sufficient bed to maintain and ensure the survival of trees and other vegetation.
PLAT
A plan or map of a tract or parcel of land, meeting the requirements of this chapter, which is to be or has been subdivided. As a verb, the term is synonymous with subdivide.
PLAT, RECORD
A plat prepared and approved in accordance with this chapter which meets the Standards for Recorded Instruments of the Virginia State Library Board and which has been or is intended to be submitted to the clerk of the circuit court for recordation.
PRELIMINARY PLAN
A map or plan indicating the proposed layout of a development together with related information that is submitted to the County for preliminary approval.
PROPERTY OWNERS ASSOCIATION
As defined in § 55-508, Code of Virginia, a property owners association means an incorporated or unincorporated entity that is referred to in a declaration. The term includes homeowners associations, however, it shall not include condominium, cooperative, timeshare, or membership owners associations.
PROPERTY, SUBDIVIDABLE
A unit or units of land of such size and dimensions that it may be subdivided into two or more lots.
PUBLIC SEWER AND/OR WATER
A sewer or water system owned and operated by a municipality, County, service authority, or sanitary district.
RESERVE STRIP
A narrow piece of land adjacent to a public right-of-way, the purpose of which is to prevent access to said public right-of-way. This term does not include the reservation of property solely for future widening of the road right-of-way.
RESOURCE MANAGEMENT AREA (RMA)
The component of the Chesapeake Bay Preservation Area that is not classified as a Resource Protection Area. The RMA is contiguous to and 500 feet landward of the Resource Protection Area or the extent of the 100-year floodplain, whichever is greater.
RESOURCE PROTECTION AREA
The component of the Chesapeake Bay Preservation Area comprised of tidal wetlands; nontidal wetlands connected by surface flow and contiguous to tidal wetlands or water bodies with perennial flow; tidal shores; and a vegetated buffer not less than 100 feet in width located adjacent to and landward of the components listed above and along both sides of any water body with perennial flow. These lands have an intrinsic water quality value due to the ecological and biological processes that they perform or are sensitive to impacts, which may result in significant degradation to the quality of state waters.
RETENTION BASIN
A pond, pool, or basin used for the permanent storage of water runoff. Also referred to as a "wet pond."
RIGHT-OF-WAY
The total width of land dedicated or reserved for public or restricted travel, including pavement, ditches, curbing, gutters, sidewalks, shoulders, and sufficient land for the maintenance thereof.
ROADWAY GEOMETRICS
The alignment, curvature, horizontal and vertical grade, shoulder and drainage structure configuration, and other similar details relating to a roadway or segment thereof.
SANITARY SEWER
Pipe conduits used to collect and carry away domestic or commercial/industrial sewage from the generating source to treatment plants. Storm, surface and ground waters are not intentionally admitted into sanitary sewers.
SEDIMENTATION
A deposit of soil that has been transported from its site of origin by water, ice, wind, gravity, or other natural means as a product of erosion.
SEPTIC SYSTEM
An underground system with a septic tank and one or more drainlines depending on volume and soil conditions which is used for the decomposition of domestic wastes. This type of system may also be referred to as a soil absorption system.
SETBACK
The required minimum distance from any street right-of-way, lot line, or other designated line which establishes the area within which buildings or structures may be erected.
SETBACK LINE
A line or lines showing the required minimum front, rear, and side setback distances as established in the zoning ordinance.
SHRUB
A relatively low-growing woody plant typified by having several permanent stems instead of a single trunk. For purposes of this chapter, shrubs shall be further defined as follows:
(a) 
Any shrub which sheds its foliage during a particular season.
(b) 
Any shrub which retains its foliage throughout the entire year.
SIGHT TRIANGLE
A triangular-shaped portion of land established at street intersections and entrances onto streets in which nothing is permitted to be erected, placed, planted or allowed to grow in a manner that limits or obstructs the sight distance of motorists, bicyclists or pedestrians traversing or using the intersection or entrance. (See Figure VI-A in Appendix A).
STREET
An existing or platted right-of-way dedicated for the use of the general public, or portions thereof, either accepted by the Department of Transportation, or approved under the terms of the zoning ordinance as a private transportation system. A street shall provide vehicular and pedestrian access to property for all purposes of travel, transportation and/or parking to which it is adopted, devoted, or dedicated. The term is synonymous with road, lane, drive, avenue, highway, roadway, thoroughfare, or any other term of like or common meaning. For the purposes of this chapter, streets shall be further defined and classified as follows:
(a) 
The lowest order of street, designed to serve low volumes of traffic at low operating speeds. As its primary function is to provide access to individual lots, access streets should carry only the volume of traffic generated on the street itself. Culs-de-sac and other terminal streets are typical of this order of street.
(b) 
The second order of street, designed to carry moderate volumes of traffic, at the same low operating speeds as access streets. Such streets collect traffic from access streets as well as provide access to individual lots. Long culs-de-sac and other terminal streets may be within this order of streets where their traffic volumes exceed the standards for access streets.
(c) 
The highest order of street generally permitted within a residential subdivision, designed to conduct and distribute traffic between streets of lower order and streets of higher order linking major activity centers. The class is further divided into "major collector" and "minor collector" based on traffic volumes.
(d) 
Includes streets and roads which function within a regional network conveying traffic between major activity centers. The purpose of such streets and roadways is to carry relatively large volumes of traffic at higher speeds. Direct residential lot access is prohibited while commercial or industrial lot access is controlled and limited to high trip volume generators. Like collector streets, the arterial class is further divided into "major arterial" and "minor arterial" based on traffic volumes.
(e) 
The highest order of roadway, designed exclusively for unrestricted movement of traffic. Access is only with selected arterials by means of interchanges.
SUBDIVIDE/SUBDIVISION
The division of a lot, tract, or parcel of land into two or more lots, parcels, or other divisions of land for the purpose, whether immediate or future, of transfer of ownership.
SUBDIVIDER
An individual, corporation, partnership, or other entity owning any property to be subdivided.
TOWNHOUSE
A type of multiplex for single-family occupancy constructed in a row of at least three and not more than six such units, with each having its own front and rear or side exterior access, each unit separated from any other by common fire-resistant walls, and each unit located on a separate lot.
TRAFFIC, BACKGROUND
The number of trips existing or projected to exist on a roadway or roadway system without the proposed land use under study, i.e., traffic not directly or indirectly caused or attracted by the analyzed land use.
TRANSPORTATION, DEPARTMENT OF
The Virginia Department of Transportation (VDOT).
TREE
A woody perennial plant generally with one main stem or trunk, but including multiple stemmed plants, which develops many branches, generally at some height above the ground. For the purposes of this chapter, trees shall be further defined as follows:
(a) 
Shade or flowering/ornamental tree which sheds its foliage during a particular season.
(b) 
Any Tree which retains its green foliage year round.
(c) 
Any tree which has been designated by ordinance of the board of supervisors as having notable historic or cultural significance to any site or which has been so designated in accordance with an ordinance adopted pursuant to § 15.2-2306 Code of Virginia.
(d) 
Any deciduous or coniferous tree with a minimum diameter (caliper) of 14 inches when measured 4 1/2 feet above ground level.
(e) 
Any tree which has been designated by ordinance of the board of supervisors to be a special commemorating memorial.
(f) 
Any deciduous or coniferous tree with a minimum diameter (caliper) of 22 inches when measured 4 1/2 feet above ground level.
(g) 
Any tree which has been designated by ordinance of the board of supervisors to be notable by virtue of its outstanding size and quality for its particular species.
TREE COVER
The area directly beneath the crown and within the dripline of a tree.
TREE CROWN
The aboveground parts of a tree consisting of the branches, stems, buds, fruits, and leaves. Also referred to as "tree canopy."
TRIP
A single or one-way vehicle movement to or from a property, site, driveway or study area.
TRIP ASSIGNMENT
The assignment of vehicle trip volumes (site-generated and background) to the roadway network around a development, and the assignment of site-generated volumes to individual and specific driveways/local streets within the development. The process entails analyzing all trips, both entering and exiting.
TRIP ENDS
The total number of trips entering plus the total number of trips exiting a site over a designated period of time.
TRIP GENERATION
The number of trip ends caused, attracted, produced and otherwise generated by a specific land use, activity or development.
WETLANDS
Wetlands are divided into two classes:
(a) 
Those wetlands other than tidal wetlands, that are inundated or saturated by surface or ground water at a frequency and duration sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions, as defined by the U.S. Environmental Protection Agency pursuant to Section 404 of the Federal Clean Water Act, 33 CFR 328.3b, as may be amended from time to time.
(b) 
Vegetated and nonvegetated wetlands as defined in § 28.2-1300 of the Code of Virginia.
WOODLAND
A tract of land dominated by trees but usually also containing woody shrubs, grasses, and other vegetation. For purposes of this chapter, the term woodland shall incorporate woods, woodland areas, wooded areas, forest, forested areas and any other terminology commonly recognized to have the same meaning.
WOODLINE
Line of demarcation separating woodland from non-woodland areas. For purposes of this chapter the woodline shall be defined as the line surrounding woodland including the leading edge of the dripline of the trees contained therein plus 15 feet.
ZONING ADMINISTRATOR
The County Administrator or his designee.
ZONING ORDINANCE
The Zoning Ordinance of York County, Virginia including all amendments thereto.
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.
(a) 
The agent is hereby designated to administer the provisions of this chapter on behalf of the board and shall approve or disapprove plats under the terms of this chapter. In the performance of his duties, the agent may request verbal or written opinions or decisions from other departments or agencies considering the details of any submitted plat. This authority regarding opinions and decisions shall have particular reference to the department of transportation and the health department.
(b) 
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.
(c) 
All departments, officials and public employees of the County who are vested with the duty or authority to issue permits or approvals under this chapter shall adhere and conform to the provisions of this chapter. Any such approvals or permits issued in conflict with the provisions of this chapter shall be null and void.
(d) 
No building permit shall be granted for construction on any lot created in violation of 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. 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.
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.
(a) 
The zoning ordinance and the zoning map shall control the type and intensity of use of all property within the County. Particular reference is made to the minimum lot sizes and setback requirements, use restrictions, overlay districts, and cluster development regulations.
(b) 
The following types of development shall require a site plan to be approved in accordance with the provisions of the zoning ordinance prior to consideration of subdivision plats under the terms of this chapter:
(1) 
Townhouses.
(2) 
Condominiums.
(3) 
Multiplexes.
(4) 
Shopping Centers.
This chapter bears no relation to any private easement, covenant, agreement or restriction, and the responsibility for enforcing such private easement, covenant, agreement or restriction is not implied herein to rest with any public official or body. When this chapter imposes a more restrictive standard than is required by the private contract, the provisions of this chapter shall control.
This chapter shall be liberally construed so as to effectuate the purposes hereof. If any clause, sentence, paragraph, section or subsection of this chapter shall be adjudged by any court of competent jurisdiction to be invalid for any reason, including a declaration that it is contrary to the Constitution of the Commonwealth or the United States, or if the application thereof to any government, agency, person, or circumstance is held invalid, such judgment or holding shall be confined in its operation to the clause, sentence, paragraph, section or subsection hereof, or the specific application thereof, directly involved in the controversy in which the judgment or holding shall have been rendered or made, and shall not in any way affect the validity of any other clause, sentence, paragraph, section or subsection hereof, or affect the validity of the specific application thereof to any other government, agency, person, or circumstance.
[Ord. No. 05-33, 12-20-2005]
Plans or plats shall not be deemed to have been filed until the appropriate fee has been paid. All checks shall be made payable to the treasurer of York County.
(a) 
Examination fee. There shall be a fee for the examination of every plan and plat reviewed under the terms of this chapter. All fees shall be paid at the time of filing the plan or plat for review.
(1) 
Preliminary plan. The fee for a preliminary plan shall be $50 plus $5 per lot.
(2) 
Development plan. The fee for a development plan shall be $50 plus $10 per lot.
(3) 
Final plat. The fee for a final plat shall be $50 plus $5 per lot, plus an amount based on the total area contained in the plat, as follows:
Acreage
Fee
First 70 acres
$0.45/1,000 square feet
Next 70 acres
$0.30/1,000 square feet
Remaining acreage
$0.25/1,000 square feet
The per-lot and acreage-based components of the fee for a final plat shall be waived by the agent when required final and record plat submissions are accompanied by digital files in a format and medium compatible with and readable by the County geographic information system. The agent shall be the final authority in determining compatibility and readability.
(b) 
Inspection fee. There shall be a fee for the inspection of improvements constructed as a part of the development of subdivisions. Said fee, in the amount of $25 plus $5 per lot, shall be paid prior to recordation of the record plat.
(c) 
Vacation of plat fee. There shall be a fee for processing an application to vacate a plat or part thereof. Said fee shall be exclusive of the costs of posting notice and advertisement as provided in § 15.2-2204, Code of Virginia, or recordation fees which may accrue. The costs shall be borne also by the applicant. The fee shall be in the amount of $150 per plat which is proposed to be vacated and shall be paid upon application.
(d) 
Appeal/variance fee. There shall be a fee for the processing of an application to appeal the decision of the agent or to request a variance from the terms and conditions of this chapter. Such fee shall be exclusive of the costs of posting notice and advertisement as provided in § 15.2-2204, Code of Virginia, the costs of which shall also be borne by the applicant. The fee, in the amount of $250 per request, shall be paid upon application.
(e) 
Variable site development fees. In addition to the fees enumerated above, the subdivider shall be required to pay other fees as may be applicable to the proposed development. Depending upon the needs of the subdivision and the desire of the subdivider that the County supply or arrange for certain signs, features or devices, these fees may include payments for construction, fabrication, installation, and/or maintenance of control and warning signs, streetlights, street identification signs, and other similar features, installations, or devices. The actual fees for such features, installations, devices, or maintenance thereof shall be established by the board and published by the County from time to time and shall reflect, as closely as possible, actual costs including labor. The official fee schedule shall be available for review and copying from the agent during normal working hours.
Any change in a recorded subdivision plat that modifies, creates, or adjusts lot lines shall be approved in the manner and under the requirements provided herein. This section applies to any subdivision plat of record, whether or not recorded prior to the adoption of a subdivision ordinance. Where a street, alley, easement for public passage, or other public area or easement laid out or described in such plat is affected, the plat, or pertinent part thereof, shall be vacated prior to resubdivision.
Where the land covered by a subdivision includes two or more parcels in separate ownership or trusteeship, and the lot arrangement is such that a property line is extinguished in the subdivision, each lot so situated shall be transferred by deed to single ownership simultaneously with the recording of the final plat. Such deed shall be prepared by and at the expense of the subdivider and shall be recorded with the final plat.
All final plats and surveys, plats, plans or maps intended for eventual recordation and incorporation into the County geographical information system, shall be prepared to meet or exceed the Second Order, Class II Standards of the Federal Geodetic Control Committee as contained in Classification, Standards of Accuracy, and General Specifications of Geodetic Control Surveys, 1974, National Geodetic Survey, as it may from time to time be amended.
Amendments to this chapter shall be in accordance with the applicable provisions of the Code of Virginia.