County of York, VA
 
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Table of Contents
Table of Contents
[Ord. No. 05-33, 12-20-2005; Ord. No. 14-24]
Before the preparation of a preliminary plan for a subdivision, if required by this chapter, or a development plan if a preliminary plan is not required pursuant to § 20.5-27 or 20.5-27.1, the subdivider is advised and encouraged to confer with the agent and such other agencies or departments as the agent may deem advisable relative to the terms of this chapter, the zoning ordinance, the comprehensive plan, and other pertinent ordinances and regulations. The purpose of such a preapplication conference is to assist the subdivider to gain a thorough understanding of all the requirements applicable to the particular property and to advise the subdivider of any recent, impending, or proposed changes in those requirements.
(a) 
For the purposes of this conference, the subdivider is encouraged to prepare and submit a sketch plan of the proposed subdivision for informal review and comment by the agent and such other agencies or departments as the agent may deem advisable.
(b) 
The sketch plan may be a pencil sketch on a one inch equals 100 feet scale topographic map of the property and should show the general location, arrangement, and dimensions of lots, streets, and other proposed improvements. The location, if any, of Chesapeake Bay preservation areas should be noted on the sketch.
A preliminary draft of the Natural Resources Inventory, as defined in Chapter 23.2, that shows the location, if any, of Chesapeake Bay Preservation and wetlands areas should accompany the sketch.
Sketch plans submitted for this conference and reviewed by the agent shall be nonbinding on both the subdivider and the County.
There shall be no fee for the review of a sketch plan and the agent, if so requested by the subdivider, shall provide written comments to the subdivider within 30 days of the submission of a sketch plan.
[Ord. No. 05-33, 12-20-2005]
Subdivisions shall be classified as follows:
(a) 
Public service lots, rights-of-way. When a lot is created for the sole purpose of developing a sewage or water facility or any other public facility, or for the sole purpose of widening or enlarging a road right-of-way, to be owned and operated or maintained by the Commonwealth of Virginia, County, other governmental or municipal entity, service authority, or sanitary district and title to such property passes at the same time as the plat is recorded, such lot shall be exempt from the requirements of this chapter except that the record plat shall adhere to the standards established in § 20.5-31(a) of this chapter. In the event that acquisition of a road right-of-way for a street, road or highway by the County or an agency or department of the Commonwealth of Virginia or the United States bisects an existing parcel, the result shall be deemed to constitute a lawful subdivision of the parcel only if both of the resulting parcels meet the minimum lot area and dimensional requirements specified for the zoning district in which located. In the event this is not the case, the parcel shall be deemed to remain a single parcel, despite the fact that it is bisected by a public right-of-way.
(b) 
Minor subdivision. A minor subdivision shall be a division of property into lots which does not create a new street or an extension of an existing street, including family subdivisions as defined in this chapter. However, if any division other than a family subdivision results in a lot or lots which, in the determination of the agent and based on the zoning classification of the property could be further subdivided, and such further subdivision would require the creation of a new street or the extension of an existing street, the division shall be defined and reviewed as a major subdivision. Family subdivisions shall be reviewed in accordance with the standards contained in § 20.5-34 of this chapter. A preliminary plan shall not be required for minor subdivisions.
(c) 
Multiplex/townhouse/condominium subdivision. A multiplex/townhouse/condominium subdivision shall be a division of property into lots for multiplex, townhouse or condominium development in accordance with a site plan approved pursuant to the requirements contained in the zoning ordinance. Neither a preliminary plan nor a development plan shall be required for multiplex/townhouse/condominium subdivisions; however, a site plan must have been approved and still be valid in accordance with the zoning ordinance prior to submission of a final plat for approval.
(d) 
Planned development subdivision. A planned development subdivision shall be a division of property in accordance with an overall development master plan approved by the board. A preliminary plan shall not be required for planned development subdivisions unless specifically required of a particular development in the ordinance or resolution approving the overall development master plan. Any requirements specifically imposed on a planned development by its approving ordinance shall be fully binding upon the subdivision. In the case of an affordable housing incentive program project (AHIP), the approving ordinance may authorize provisions less restrictive than those set out in this chapter, if deemed appropriate by the board to achieve the objective of the AHIP.
(e) 
Boundary line adjustment. A boundary line adjustment shall be a resubdivision of a part of an otherwise valid and properly recorded plat of subdivision, or of two or more adjacent lots, where no additional lots are created and existing or platted streets, rights-of-way, public easements, and public improvements are unaffected by such action. Further, no private easements or private rights-of-way shall be relocated or altered without the recordation of appropriate documents effecting such relocation or alteration. Typically, a boundary line adjustment is a minor realignment of a single line between two platted lots.
Neither a preliminary plan nor a development plan shall be required of boundary line adjustments provided, however, that nothing in this provision shall be interpreted to authorize the creation of a lot or lots which would otherwise be prohibited. Further, boundary line adjustments involving one or more legally nonconforming lots shall not be permitted where the result of such adjustment would increase the degree of nonconformity or cause the lot to be buildable only with approval of an exception to the Chesapeake Bay Preservation Area requirements or other variance. Where the agent determines that the proposal goes beyond the intended minor realignment, he shall notify the subdivider, in writing, of such finding and, in so doing may require the submission of more detailed plans for review.
(f) 
Major subdivision. A major subdivision shall be any division of property which creates a new street, or extends any existing street, or any division of property which is not covered under any of the above provisions.
[Ord. No. 14-24, 11-18-2014]
Other provisions of this chapter notwithstanding, and in accordance with § 15.2-2260A of the Code of Virginia, the submission of a preliminary plan shall not be required for any proposed subdivision involving 50 or fewer lots. However, a subdivider may choose to prepare and submit such a plan and, if that is done, the plan shall be processed, reviewed, and acted on in accordance with the procedures and requirements set forth herein and, if approved, shall be and remain valid in accordance with terms of this chapter.
[Ord. No. 03-32, 8-5-2003; Ord. No. 05-33, 12-20-2005; Ord. No. 09-16, 8-18-2009; Ord. No. 12-14, 9-18-2012; Ord. No. 14-24, 11-18-2014; Ord. No. 15-13, 9-15-2015; Ord. No. 17-11, 9-19-2017]
Any person desiring to subdivide land shall, unless exempted under the provisions of § 20.5-27 or 20.5-27.1, prepare and submit 13 folded copies of a preliminary plan to the agent together with a completed application and the appropriate fee.
(a) 
Initial review by agent. Upon the submission of a preliminary plan together with a completed application, Natural Resources Inventory, and the appropriate fee, the agent shall, within five working days, review the plan to ensure compliance with all submission requirements established by Article III of this chapter. Where the agent determines that all applicable submission requirements have not been met, the plans and application shall be returned to the subdivider with a written notice stating the specific deficiencies, referencing specific ordinances, regulations or policies, and generally identifying such modifications or corrections as will permit compliance with all submission requirements.
(b) 
Review process. Upon determining that all submittal requirements have been met, the agent shall coordinate a review process to determine conformity of the proposal with all applicable requirements of this chapter and other applicable ordinances, requirements, and regulations.
(1) 
The agent may transmit copies of the preliminary plan to those County departments and state and/or federal agencies deemed appropriate for their review and comment and shall establish a date for which written comments shall be returned to the agent.
(2) 
After receiving the comments of all reviewing departments or agencies, or within 60 days of submission of the preliminary plan by a subdivider, whichever shall occur first, the agent shall consolidate all of the comments and provide a written response to the subdivider. In the event of a resubmission of a preliminary plan which has been previously disapproved, the response shall be provided within 45 days.
Where review by one or more state agencies, including, but not limited to, the health department and/or department of transportation, is necessary, the agent shall act upon the plan no later than 35 days after the receipt of all comments or approvals of such state agency or agencies.
(3) 
The agent's written response to the subdivider shall include notification of approval or disapproval or approval with conditions. Such notice shall state any actions, changes, conditions, or additional information that is required to secure final approval of the preliminary plan and, if disapproved, the reasons for such action with specific reference to an adopted ordinance, regulation or policy and identifying such modifications or corrections as will permit approval of the plan.
(4) 
Where the agent has required that revisions or other actions, changes, conditions, or additional information be incorporated into the preliminary plan prior to approval, the subdivider shall resubmit, without additional fee, 13 folded copies of the revised plan together with the original or a copy of any marked plans returned to the subdivider by the agent. In addition, a narrative description shall be submitted regarding how each of the actions, changes, conditions, or additional information required has been addressed on the revised plan. The revised plan shall then be reviewed in the same manner and within the same time elements as was the original. In the review of a resubmitted preliminary plan solely involving a parcel or parcels of commercial real estate (which, for the purposes of this section, shall be deemed to include "industrial"), the agent shall consider only the deficiencies identified in the review of the initial plan that have not been corrected in such resubmission and any deficiencies that arise as a result of the corrections made to address deficiencies identified in the initial submission. Failure to approve or disapprove a resubmitted plan for commercial real estate within the specified time periods shall cause the plan to be deemed approved. Notwithstanding the approval or deemed approval of any proposed plan for commercial real estate, any deficiency in any proposed plan, that if left uncorrected, would violate local, state or federal law, regulations, mandatory Department of Transportation engineering and safety requirements, and other mandatory engineering and safety requirements, shall not be considered, treated, or deemed as having been approved. Should any resubmission include a material revision of infrastructure or physical improvements from the earlier submission, or if a material revision in the resubmission creates a new required review by the Virginia Department of Transportation or by a state agency or public authority authorized by state law, then the agent's review shall not be limited to only the previously identified deficiencies of prior submittals and may consider deficiencies initially appearing in the resubmission because of such material revision.
(c) 
Effect of approval.
(1) 
Approval of the preliminary plan shall not constitute a guarantee of approval of either the development plan or the final plat.
(2) 
Approval of the preliminary plan shall constitute authorization for the subdivider to proceed with the preparation of development plans in accordance with the provisions of this chapter and the layout and design depicted on the approved preliminary plan.
(d) 
Term of validity. The subdivider shall have one year from the date of official notification of approval of the preliminary plan within which to file a development plan meeting all of the submittal requirements established in Article IV of this chapter for the subdivision or section thereof. Failure to do so shall make the preliminary plan approval null and void. The agent may, on written request of the subdivider received no fewer than 10 working days prior to expiration of validity and for good cause shown, grant one six-month extension of preliminary plan approval. However, notwithstanding the foregoing, any preliminary subdivision plan valid and outstanding as of January 1, 2017, shall not become null and void prior to July 1, 2020. Any other plan or permit associated with such plan extended by the preceding sentence shall likewise be extended for the same time period. Such extension shall not be effective unless any performance bonds and agreements or other financial guarantees of completion of public improvements in or associated with the proposed development are continued in force.
[Ord. No. 03-32, 8-5-2003; Ord. No. 05-33, 12-20-2005; Ord. No. 09-16, 8-18-2009; Ord. No. 12-14, 9-18-2012; Ord. No. 15-13, 9-15-2015; Ord. No. 17-11, 9-19-2017]
The subdivider shall, unless otherwise provided by § 20.5-27 of this chapter, after receiving approval of the preliminary plan and within the time specified in § 20.5-28(d), submit 13 folded copies of a development plan for the subdivision or section thereof prepared in accordance with Article IV of this chapter to the agent together with the appropriate application and fee.
(a) 
Initial review by agent. Upon the submission of a development plan together with a completed application and the appropriate fee, the agent shall, within five working days, review the plan to ensure compliance with all submission requirements established by Article IV of this chapter. Where the agent determines that all applicable submission requirements have not been met, the plans and application shall be returned to the subdivider with a written notice stating the specific deficiencies, referencing specific ordinances, regulations or policies, and generally identifying such modifications or corrections as will permit compliance with all submission requirements.
(b) 
Review process. Upon determining that all submittal requirements have been met, the agent shall coordinate a review process to determine conformity of the proposed design elements and physical improvements with all applicable requirements of this chapter and all other applicable ordinances, requirements, and regulations.
(1) 
The agent shall transmit copies of the development plan to those County departments and state and/or federal agencies deemed appropriate for their review and comment and shall establish a date for which written comments shall be returned to the agent.
(2) 
After receiving the comments of all reviewing departments or agencies, or within 60 days of submission of the development plan by a subdivider, whichever shall occur first, the agent shall consolidate all of the comments and provide a written response to the subdivider. In the event of a resubmission of a development plan which has been previously disapproved, the response shall be provided within 45 days.
Where review by one or more state agencies, including, but not limited to, the health department and/or department of transportation, is necessary, the agent shall act upon the plan no later than 35 days after the receipt of all comments or approvals of such state agency or agencies.
(3) 
The agent's written response to the subdivider shall include notification of approval or disapproval or approval with conditions. Such notice shall state any actions, changes, conditions, or additional information which shall be required to secure final approval of the development plan and, if disapproved, the reasons for such action with specific reference to an adopted ordinance, regulation or policy, and an identification of such modifications or corrections as will permit approval of the plan.
(4) 
Where the agent has required that revisions or other actions, changes, conditions, or additional information be incorporated into the development plan prior to approval, the subdivider shall resubmit, without additional fee, 13 folded copies of the revised plan together with the original or a copy of any marked plans returned to the subdivider by the agent. In addition, a narrative description shall be submitted regarding each of the actions, changes, conditions, or additional information required has been addressed on the revised plan. The revised plan shall then be reviewed in the same manner and within the same time elements as was the original. In the review of a resubmitted development plan solely involving a parcel or parcels of commercial real estate, the agent shall consider only the deficiencies identified in the review of the initial plan that have not been corrected in such resubmission and any deficiencies that arise as a result of the corrections made to address deficiencies identified in the initial submission. Failure to approve or disapprove a resubmitted plan for commercial real estate within the specified time periods shall cause the plan to be deemed approved. Notwithstanding the approval or deemed approval of any proposed plan for commercial real estate, any deficiency in any proposed plan, that if left uncorrected, would violate local, state or federal law, regulations, mandatory Department of Transportation engineering and safety requirements, and other mandatory engineering and safety requirements, shall not be considered, treated, or deemed as having been approved. Should any resubmission include a material revision of infrastructure or physical improvements from the earlier submission, or if a material revision in the resubmission creates a new required review by the Virginia Department of Transportation or by a state agency or public authority authorized by state law, then the agent's review shall not be limited to only the previously identified deficiencies of prior submittals and may consider deficiencies initially appearing in the resubmission because of such material revision.
(c) 
Effect of approval.
(1) 
Approval of the development plan shall constitute authorization for the subdivider to proceed with the preparation of final plats for those sections of the subdivision contained in the approved development plan in accordance with the provisions of Article V of this chapter.
(2) 
Approval of the development plan shall, upon issuance of all necessary permits including, but not limited to, land disturbing permits and utility certificates to construct, constitute authority to commence development and construction activities which are in accordance with the approved development plan but only within such section or sections which have received approval. Nothing in this provision however, shall be interpreted to authorize the construction of any structure on any proposed lot other than such structures which are appurtenant to utility installations.
(d) 
Term of validity. The subdivider shall have one year from the date of official notification of approval of the development plan within which to file a final plat for those sections contained in said plan meeting all of the submittal requirements established in Article V of this chapter. Failure to do so shall make the development plan approval null and void. The agent may, on written request of the sub-divider received no fewer than 10 working days prior to expiration of validity and for good cause shown, grant one one-year extension of development plan approval. However, notwithstanding the foregoing, any development plan valid as of January 1, 2017, shall remain valid and not become null and void prior to July 1, 2020. Any other plan or permit associated with such plan extended by the preceding sentence shall likewise be extended for the same time period. Such extension shall not be effective unless any performance bonds and agreements or other financial guarantees of completion of public improvements in or associated with the proposed development are continued in force.
[Ord. No. 02-17, 9-17-2002; Ord. No. 03-32, 8-5-2003; Ord. No. 05-33, 12-20-2005; Ord. No. 09-16, 8-18-2009; Ord. No. 12-14, 9-18-2012; Ord. No. 15-13, 9-15-2015; Ord. No. 17-11, 9-19-2017]
The subdivider shall, unless otherwise prescribed in § 20.5-27 of this chapter, after approval of the development plan and within the time specified in § 20.5-29(d), submit 13 folded copies of the final plat for those sections contained on the approved development plan to the agent for review and approval. The final plat shall be prepared in accordance with Article V of this chapter and shall be submitted together with the applicable application and fee. The agent may, upon written request and for good cause shown, accept for review final plats before approval has been granted to development plans, however approval of a final plat requires that it fully conform with the approved development plan, if such a plan is required.
(a) 
Initial review by agent. Upon the submission of a final plat together with a completed application and the appropriate fee, the agent shall, within five working days, review the plat to ensure compliance with all submission requirements established by Article V of this chapter. Where the agent determines that all applicable submission requirements have not been met, the plat and application shall be returned to the subdivider with a written notice stating the specific deficiencies, referencing specific ordinances, regulations or policies, and generally identifying such modifications or corrections as will permit compliance with all submission requirements.
(b) 
Review process. Upon determining that all submittal requirements have been met, the agent shall coordinate a review process to determine conformity of the plat with all applicable requirements of this chapter and all other applicable ordinances, requirements, and regulations.
(1) 
The agent shall transmit copies of the final plat to those County departments and state and/or federal agencies deemed appropriate for their review and comment and shall establish a date for which written comments shall be returned to the agent.
(2) 
After receiving the comments of all reviewing departments or agencies, or within 60 days of submission of the final plat by a subdivider, whichever shall occur first, the agent shall consolidate all of the comments and provide a written response to the subdivider. In the event of a resubmission of a final plat which has been previously disapproved, the response shall be provided within 45 days.
Where review by one or more state agencies, including, but not limited to, the health department and/or department of transportation, is necessary, the agent shall act upon the plan no later than 35 days after the receipt of all comments or approvals of such state agency or agencies.
(3) 
The agent's written response to the subdivider shall include notification of approval or disapproval or approval with conditions. Such notice shall state any actions, changes, conditions, or additional information which shall be required to secure final approval of the plat and, if disapproved, the reasons for such action with specific reference to an adopted ordinance, regulation or policy, and identifying such modifications or corrections as will permit approval of the plat.
(4) 
Where the agent has required that revisions or other actions, changes, conditions, or additional information be incorporated into the final plat prior to approval, the subdivider shall within 60 days resubmit, without additional fee, eight copies of the revised plat together with the original or a copy of any marked plats returned to the subdivider by the agent. In addition, a narrative description shall be submitted regarding how each of the actions, changes, conditions, or additional information required has been addressed on the revised plat. The revised plat shall then be reviewed in the same manner and within the same time elements as was the original. The agent, for good cause shown, may grant an extension of the sixty-day time limitation, provided a written request is received from the subdivider no fewer than 10 working days prior to expiration of the term established herein. In the review of a resubmitted plat solely involving a parcel or parcels of commercial real estate, the agent shall consider only the deficiencies identified in the review of the initial plat that have not been corrected in such resubmission and any deficiencies that arise as a result of the corrections made to address deficiencies identified in the initial submission. Failure to approve or disapprove a resubmitted plat for commercial real estate within the specified time periods shall cause the plat to be deemed approved. Notwithstanding the approval or deemed approval of any proposed plat for commercial real estate, any deficiency in any proposed plat, that if left uncorrected, would violate local, state or federal law, regulations, mandatory Department of Transportation engineering and safety requirements, and other mandatory engineering and safety requirements, shall not be considered, treated, or deemed as having been approved. Should any resubmission include a material revision of infrastructure or physical improvements from the earlier submission, or if a material revision in the resubmission creates a new required review by the Virginia Department of Transportation or by a state agency or public authority authorized by state law, then the agent's review shall not be limited to only the previously identified deficiencies of prior submittals and may consider deficiencies initially appearing in the resubmission because of such material revision.
(c) 
Effect of approval. Approval of the final plat shall constitute authorization for the subdivider to proceed with the preparation of record plats depicting the information contained on the approved final plat.
(d) 
Term of validity. The subdivider shall have six months from the date of official notification of approval of the final plat within which to have the record plat filed and recorded by the clerk of the circuit court. Failure to do so shall make approval null and void, and the subdivider shall be required to return the approved copy of the final plat to the agent in order that it may be so marked. Reapproval shall require resubmission in full compliance with the regulations then in effect. Where the subdivision involves the construction of facilities to be dedicated for public use and the subdivider has commenced the construction of such facilities with surety approved by the agent, or where the subdivider has furnished surety in accordance with § 20.5-108 of this chapter, the time for plat recordation shall be extended to one year after final approval or to the time limit specified in the surety agreement covering construction of required public improvements, whichever is greater. However, notwithstanding the foregoing, any final subdivision plat valid and outstanding as of January 1, 2017, shall not become null and void prior to July 1, 2020. Any other plan or permit associated with such plat extended by the preceding sentence shall likewise be extended for the same time period. Such extension shall not be effective unless any performance bonds and agreement or other financial guarantees of completion of public improvements in or associated with the proposed development are continued in force.
The record plat shall be prepared and submitted to the agent no less than 10 working days prior to the anticipated date of recordation together with all required deed and plat recordation fees.
(a) 
Submittal. The subdivider shall provide three reproducible copies of each plat sheet, clearly drawn in permanent black ink on 0.004 millimeter or thicker polyester drafting film with a matte finish on both sides, with the signatures of all owners and certification by a licensed land surveyor affixed to the plat(s) in permanent black or dark blue ink. The plat(s) shall meet the current Standards for Recorded Instruments of the Virginia State Library Board.
(b) 
Review by agent. Upon the submission of a record plat together with the appropriate recordation fee(s), the agent shall, within five working days, review the plat to ensure full conformance with the approved final plat. Where the agent determines that any deviation exists from the approved final plat, the plats shall be returned to the subdivider with a written notice stating the specific reasons, referencing specific ordinances, regulations or policies, and generally identifying such modifications or corrections as will permit approval of the plat.
(c) 
Physical Improvements. Where public physical improvements are required under the terms of this chapter, the record plat shall not be recorded unless the following conditions have been met:
(1) 
All public physical improvements required by this chapter and shown on the approved development plan shall have been installed and approved for conformance with the approved development plan and shall have been approved for acceptance by the County, department of transportation, the health department, and/or any other applicable agency or entity; or
In lieu of actual installation and approval for acceptance of such public physical improvements, the subdivider shall, in accordance with the provisions of Article VII of this chapter, have executed an agreement and a performance guarantee to construct such physical improvements as depicted on the approved development plan within a specific time frame to be determined by the agent in consultation with those departments and agencies deemed appropriate by the agent; or
A combination of the above two conditions is effected.
The term "public physical improvements" as used herein includes all improvements which are installed pursuant to a requirement by this chapter, including such improvements which are ultimately to be owned by or the responsibility for maintenance is to be incurred by a property owners' association.
(2) 
The subdivider shall guarantee, in accordance with the provisions of Article VII of this chapter, the maintenance of any streets, sidewalks, utilities, street lights, public easements and rights-of-way shown on the development plan and final plat until such time as such facilities have been approved and accepted by the County, department of transportation, and/or any applicable agency, authority, or district to which ultimate dedication is intended. Maintenance shall be deemed to include maintenance of the streets, curb, gutter, sidewalks, drainage facilities, utilities, street lighting, landscaping, easements, rights-of-way, or other improvements, including the correction of defects and damages and the removal of snow, ice, water, debris or obstruction, so as to keep such facilities open and in good repair such that the full function of their intended public purpose is preserved.
(3) 
The subdivider shall indemnify, protect, and save harmless the County, its officers, agents and employees, from all losses and physical damages to property, and bodily injury or death to any person or persons which may arise from or be caused by the construction, maintenance, presence, or use of the streets, rights-of-way, utilities and public easements required by and shown on the development plan and final plat until such time as such streets, rights-of-way, utilities and public easements shall be accepted by the County, department of transportation, and/or any applicable agency, authority, or district to which ultimate dedication is intended.
(4) 
Upon satisfactory completion of the installation of the required improvements, the subdivider shall make application for acceptance of such improvements for operation and maintenance by the County, department of transportation, and/or any applicable agency, authority, or district to which ultimate dedication is intended.
(d) 
Approval by agent. Where the agent, after review of the record plat, finds said plat(s) in complete conformance with the approved final plat and that the provisions of Subsection (c) above have been met, the agent shall, within 10 working days, sign each of the reproducible copies in permanent black ink and shall, together with any necessary deeds, cause such plat(s) to be recorded by the clerk of the circuit court. After ensuring that all necessary reference information is properly written on each copy of the plat(s), the agent shall return one reproducible copy to the subdivider.
[Ord. No. 02-17, 9-17-2002; Ord. No. 09-17(R), 3-17-2009; Ord. No. 14-24, 11-18-2014; Ord. No. 17-11, 9-19-2017]
(a) 
Except in the case of the extended terms of validity required by § 15.2-2209.1 of the Code of Virginia and set forth in §§ 20.5-28(d), 20.5-29(d), and 20.5-30(d) if at the end of three years from the date of approval of a preliminary plan, or from the date of approval of a development plan if no preliminary plan is required, a subdivider has not submitted a final subdivision plat, or has not diligently pursued approval of a submitted final plat, then the agent may, upon 90 days' written notice by certified mail to the subdivider, revoke the preliminary plan or development plan approval. Diligent pursuit of approval of the final subdivision plat shall mean that the subdivider has incurred extensive obligations and substantial expenses relating to the submitted final subdivision plat or modifications thereto. The agent's written notice shall cite the specific facts upon which the revocation is based. In any event, when a final subdivision plat has been timely submitted but not approved the maximum term of validity for the associated preliminary plan shall be five years, except as may be provided below.
(b) 
Once an approved final subdivision plat for all or a portion of the property of a multiple phase development is recorded pursuant to Code of Virginia § 15.2-2261, the underlying preliminary plat, or the development plan if no preliminary plan is required, shall remain valid for a period of five years from the date of the latest recorded plat of subdivision for the property.
(c) 
An approved final subdivision plat that has been recorded, from which any part of the property subdivided has been conveyed to third parties (other than to the developer or local jurisdiction), shall remain valid for an indefinite period of time unless and until any portion of the property is subject to a vacation action as set forth in Code of Virginia §§ 15.2-2270 through 15.2-2278.
(d) 
Following the expiration or revocation of any preliminary plat or development plan pursuant to (a) above, any subdivision plan considered for the subject property shall be submitted and processed in accordance with all applicable procedures for new submissions.
[Ord. No. 05-33, 12-20-2005]
Any recorded plat, or part thereof, may be vacated pursuant to the provisions of §§ 15.2-2270 to 15.2-2278, Code of Virginia, both sections inclusive, as applicable.
No change, erasure or revision shall be made on a preliminary plan, development plan, or final plat, nor any accompanying data sheet, after the agent has approved in writing the plan, plat or sheets, unless prior authorization for such change, erasure or revision has been granted in writing by the agent.
[Ord. No. 05-33, 12-20-2005; Ord. No. 08-1, 1-15-2008; Ord. No. 11-13(R), 11-16-2011]
A single division of a lot or parcel is permitted for the purpose of sale or gift to a member of the immediate family of the property owner. For the purposes of this section, a member of the immediate family is defined as any person who is a natural or legally defined offspring, 18 years of age or older, or an emancipated minor under § 16.1-331 et seq., Code of Virginia, or parent of the owner, or the spouse or siblings of an owner having no natural or legally defined offspring. Such subdivision shall be subject to the following provisions:
(a) 
Only one such division shall be allowed per family member, as defined above, and shall not be made for the purpose of circumventing this chapter. Lots created under this section shall be titled in the name of the immediate family member for whom the subdivision is made for a period of no less than three years following the recordation of the subdivision plat unless such lots are subject to an involuntary transfer such as foreclosure, death, judicial sale, condemnation or bankruptcy. The subdivider shall place a restrictive covenant on the subdivided property that would prohibit the further voluntary transfer of the property for a period of three years, with such covenant to be approved as to form and content by the County attorney and to be recorded simultaneously with the subdivision plat.
(b) 
In addition, in the case of property held in trust, the family subdivision opportunity may be used to effect a single division of a lot or parcel for the purpose of sale or gift to beneficiaries of the trust. All trust beneficiaries must.
(1) 
Be immediate family members, as defined above, of the originators of the trust;
(2) 
Agree in writing that the property should be subdivided;
(3) 
Agree to place a restrictive covenant on the subdivided property that would prohibit the further voluntary transfer of the property for a period of three years, with such covenant to be approved as to form and content by the County attorney and to be recorded simultaneously with the subdivision plat.
(c) 
The minimum width, yard, and area requirements of all lots, including the remaining property from which the lot is subdivided, shall be in accordance with the applicable provisions of the zoning ordinance. Land proposed for subdivision shall be suitable for platting in accordance with § 20.5-66.
(d) 
The provisions of this section shall apply only to those properties having a single-family residential zoning district classification.
(e) 
For property not served with public water and public sewer, each lot shall have a primary and reserve septic system and a water source approved by the health department with evidence of such approval shown on the subdivision plat. If public water and public sewer facilities are available, as defined in this chapter, to the property proposed to be subdivided then all proposed lots shall be served by such facilities in accordance with applicable provisions of the Code.
(f) 
Each lot or parcel of property shall front a public road or shall front upon a private driveway or road which is in a permanent easement of right-of-way not less than 20 feet in width. Such right-of-way shall include a driveway within it consisting of, at a minimum, an all-weather surface of rock, stone or gravel, with a minimum depth of three inches and a minimum width of 10 feet. The right-of-way shall be maintained by the adjacent property owners in a condition passable by emergency vehicles at all times. A notation to this effect shall be placed on the face of the final plat and this provision shall also be included in the deeds by which the subdivision is effected. Passable condition refers not only to the surface, but also to horizontal and vertical clearance. An erosion and sediment control plan with appropriate surety shall be submitted for approval if the proposed right-of-way and driveway construction disturbs more than 2,500 square feet.
(g) 
Drainage and utility easements shall be dedicated to the County when deemed necessary by the agent to accommodate drainage and/or sanitary sewer facilities, whether for current or future needs, in accordance with applicable provisions of the County code.
(h) 
For property which fronts on an existing street or streets whose rights-of-way are, in accordance with § 20.5-70(c), deficient in width, 1/2 of the right-of-way width deficiency shall be dedicated by the subdivider at the time of plat recordation.
(i) 
The corners of all lots created shall be marked with survey monuments as provided for in § 20.5-78.
(j) 
No parcel created by family subdivision shall be further subdivided unless such division is in full compliance with all requirements of this chapter.
(k) 
A final plat shall be submitted to the agent for approval as provided in § 20.5-30 of this chapter along with an affidavit describing the purposes of the subdivision and identifying the members of the immediate family receiving the lots created. Any plan submitted shall be subject to the fees set forth in § 20.5-13. All physical improvements, including, but not limited to, public water, public sewer, and all-weather access drives shall be incorporated into a subdivision agreement and appropriately guaranteed in accordance with Article VII of this chapter.
All plans and plats prepared pursuant to this chapter, except sketch plans prepared for preapplication conferences, shall be tied to the County geodetic control network for both horizontal and vertical control.