A.
The purpose of this chapter is to establish certain
subdivision standards and procedures for Shenandoah County, Virginia,
and such of its environs as come under the jurisdiction of the governing
body as provided for by the 1950 Code of Virginia, as amended.[1]
[1]
Editor's Note: See § 15.1-465 et
seq of the Code of Virginia.
B.
These are part of a long-range plan to guide and facilitate
the orderly and beneficial growth of the community, and to promote
the public health, safety, convenience, comfort, prosperity and general
welfare. More specifically, the purpose of these standards and procedures
are to provide a guide for the change that occurs when lands and acreage
become urban in character as a result of development for residential,
business or industrial purposes; to provide assurance that the purchasers
of lots are buying a commodity that is suitable for development and
use; and to make possible the provision of public services in a safe,
adequate and efficient manner. Subdivided land sooner or later becomes
a public responsibility in that roads and streets must be maintained
and numerous public services customary to urban areas must be provided.
This chapter assists the community in meeting these responsibilities.
[Amended 6-25-2002 by Ord. No. 02-11]
This chapter is known and may be cited as the
"Subdivision Ordinance of Shenandoah County, Virginia" and is authorized
pursuant to the provisions of Title 15.2, Chapter 22, Article 6, of
the Code of Virginia, as amended.
A.
Word usage.
(1)
Words used in the present tense include the future.
(2)
Words in the singular number include the plural, and
the plural the singular unless the natural construction of the word
indicates otherwise.
(3)
The word "lot" includes the word "parcel."
(4)
The word "shall" is mandatory and not discretionary.
(5)
The word "approved" shall be considered to be followed
by the words "or disapproved."
(6)
Any reference to this chapter includes all ordinances
amending or supplementing the same.
(7)
All distances and areas refer to measurement in a
horizontal plane.
B.
AGENT
ALLEY
BUILDING LINE
COMMISSION
CUL-DE-SAC
DEVELOPER
EASEMENT
ENGINEER
FAMILY CEMETERY
GOVERNING BODY
HEALTH OFFICER (or OFFICIAL)
HIGHWAY ENGINEER
IMMEDIATE FAMILY
JURISDICTION
LOT
LOT, BUILDING
LOT, CORNER
LOT, DEPTH OF
LOT, DOUBLE FRONTAGE
LOT, INTERIOR
LOT OF RECORD
LOT, WIDTH OF
PARCEL IDENTIFICATION NUMBER
PARCEL, PRIMARY
PARCEL, SUB
PERFORMANCE BOND
PLAT
PROPERTY
PUBLIC SEWER
PUBLIC WATER
SPUR LOTS
STREET
STREET, COLLECTOR
STREET, LOCAL
STREET OR ALLEY, PUBLIC USE OF
STREET, SERVICE DRIVE
STREET, WIDTH
SUBDIVIDE
(1)
(a)
(b)
[1]
[2]
[3]
[4]
[5]
[6]
(c)
(d)
(e)
(f)
(2)
SUBDIVIDER
For the purpose of this chapter, certain words and
terms used herein shall be interpreted or defined as follows:
The representative of the governing body who has been appointed
to serve as the agent of the board in approving the subdivision plats.
A permanent serviceway providing a secondary means of access
to abutting properties.
The distance which a building is from the front lot line
or front boundary line.
The Planning Commission of Shenandoah County, Virginia.
A local street, one end of which is closed, having an appropriate
turnaround for a safe and convenient reverse traffic movement.
[Amended 3-28-2017 by Ord. No. 2017-03]
An owner of property being subdivided, whether or not represented
by an agent.
A grant by a property owner of the use of land for a specific
purpose or purposes.
An engineer licensed by the Commonwealth of Virginia.
A private cemetery in which no lots are sold to the public
and in which interments are restricted to a group of persons related
to each other by blood, marriage, family ties, or friendship.
[Added 3-28-2017 by Ord.
No. 2017-02]
The Board of Supervisors of Shenandoah County, Virginia.
The Health Director or sanitarian of Shenandoah County, Virginia.
The resident engineer employed by the Virginia Department
of Transportation.
[Amended 8-12-1997 by Ord. No. 97-5]
Any person who is a natural or legally defined offspring,
spouse, sibling, niece, nephew, grandchild, grandparent, or parent
of the owner. This includes stepparents, stepchildren, and stepsiblings.
[Amended 12-14-1999 by Ord. No. 99-6; 3-24-2020 by Ord. No. 2020-5]
All of Shenandoah County, excluding incorporated towns, unless
the towns request the application of this chapter.
A numbered and recorded portion of a subdivision intended
for transfer of ownership or for building development for a single
building and its accessory building.
A lot for building and development, not a lot to be used
exclusively for agricultural or forestal purposes created under the
definition herein of "subdivide," Subsection (1)(b), of this section.
[Amended 8-12-1997 by Ord. No. 97-5]
A lot abutting upon two or more streets at their intersection;
the shortest side fronting upon a street shall be considered the from
of the lot, and the longest side fronting upon a street shall be considered
the side of the lot.
The mean horizontal distance between the front and rear lot
lines.
An interior lot having frontage on two streets.
A lot other than a corner lot.
A lot which has been recorded in the office of the clerk
of the appropriate court.
The mean horizontal distance between the side lot lines.
A number or series of numbers assigned by the County, which
uniquely identifies each parcel of land in the County. A parcel identification
number can include the map ID, insert map ID, double circle ID, block
ID, lot ID, sublot ID.
[Added 12-12-2023 by Ord. No. 2023-06]
Land assigned with a parcel identification number, but not
to include the sublot ID.
[Added 12-12-2023 by Ord. No. 2023-06]
A parcel that has been divided from the primary parcel and
has been assigned a parcel identification number including the sublot
ID.
[Added 12-12-2023 by Ord. No. 2023-06]
Any security which may be accepted by the governing body
of Shenandoah County in lieu of a requirement that certain improvements
be made prior to approval of a subdivision plat, including but not
limited to surety bonds, cash escrow agreements, cash bonds, certified
checks, a letter of credit from a bank or savings and loan association
on certain designated funds satisfactory to the governing body as
to the bank or savings and loan association, the amount and form.
Includes the terms map, plan, plot, replat or replot; a map
or plan of a tract or parcel of land which is to be or which has been
subdivided. When used as a verb, "plat" is synonymous with "subdivide."
Any tract, lot, parcel or several of the same collected together
for the purpose of subdividing.
Any sewer system owned and operated by the Town of New Market,
Town of Mt. Jackson, Town of Edinburg, Town of Woodstock, Town of
Strasburg, the Toms Brook-Maurertown Sanitary District, or the Stoney
Creek Sanitary District.
[Added 5-23-2006 by Ord. No. 2006-5]
Any water system owned and operated by the Town of New Market,
Town of Mt. Jackson, Town of Edinburg, Town of Woodstock, Town of
Strasburg, the Toms Brook-Maurertown Sanitary District, or the Stoney
Creek Sanitary District.
[Added 5-23-2006 by Ord. No. 2006-5]
[Amended 8-12-1997 by Ord. No. 97-5]
The principal means of access to abutting properties.
A street that provides direct access to more than 25 residences,
businesses or uses or collects traffic from one or more local streets
or other collector streets.
[Amended 8-12-1997 by Ord. No. 97-5[1]]
A street that provides direct access to 25 or fewer residences,
businesses or uses.
[Amended 8-12-1997 by Ord. No. 97-5[2]]
The unrestricted use of a specified area of right-of-way
for ingress and egress to two or more abutting properties.
A public right-of-way generally parallel and contiguous to
a major highway, primarily designed to promote safety by eliminating
promiscuous ingress and egress to the right-of-way by providing safe
and orderly points of access to the highway.
The total width of the strip of land dedicated or reserved
for public travel, including roadways, curbs, gutters, sidewalks and
planting strips.
[Amended 8-12-1997 by Ord. No. 97-5; 6-25-2002 by Ord. No. 02-10; 3-28-2017 by Ord. No. 2017-02; 12-12-2023 by Ord. No. 2023-06]
To divide any parcel of land into two or more lots or parcels
for the purpose of transfer of ownership or building development,
whether such transfer or development is immediate or future, and includes
resubdivision. However, the term "subdivision" shall not include the
following:
The straightening or rearranging of property lines or the division
of parcels for exchange between adjoining landowners if the number
of lots remains the same or no new lots are created and the division
is not in conflict with the general intent of this chapter, provided
that the original lots are not reduced below the minimum lot size,
frontage and yard requirements required by the Zoning Ordinance of
Shenandoah County.[3]
A single division of a lot or parcel for the sale or gift to
a member of the immediate family of the property owner, provided that
the following requirements are met:
Only one such division shall be allowed per member of the property
owner's immediate family and shall not be for the purpose of
circumventing this chapter.
All lots less than five acres shall have a right-of-way of 20
feet providing ingress and egress to a dedicated recorded public road.
The property owner requesting such subdivision shall have held
fee simple title to the property to be subdivided for a period of
five years prior to the filing of the family subdivision application.
For a period of five years after approval of the family subdivision
plat, the lot may not be voluntarily transferred to anyone other than
an immediate family member of the property owner requesting such subdivision.
The applicant shall sign an affidavit for family subdivision,
which shall be recorded with the deed of conveyance and plat.
All applicable requirements of Chapter 165, Zoning, shall apply.
The division of land for dedication for widening or straightening
the right-of-way for roads within or eligible for inclusion within
the state highway system or the division of land for dedication for
public utilities.
A partition of land by will or through actions of a court of
competent jurisdiction.
When a property has been changed in size or shape by reason
of the taking of a part of such property for public use, provided
that the outlines and dimensions of such remainder may be clearly
determined by reference to the previously recorded plats.
The division of land for a family cemetery, provided the family
cemetery is set apart, marked, and distinguished from adjoining ground
as a graveyard by plat recorded in the Circuit Court of Shenandoah
County.
Any person proposing to divide land who contends that such division is exempted from the provisions of this chapter under Subsections (1)(a), (b) or (c) above shall submit to the agent a simplified plat and/or other evidence satisfactory to the agent to enable them to determine if the proposed division is exempt. If in the opinion of the agent the division is exempted, he shall so certify on the plat or deed of conveyance by which the property is to be divided. Any road or street created by any division or redivision of property under Subsections (1)(a), (b) or (c), regardless of size, shall be termed a private road or street and shall have fixed to the plat and deeds thereof a statement as cited under § 142-20I(2)(b)[11], unless the road or street is intended for and built to a standard allowing it to be added to the secondary system of state highways or other system of state highways. Except for divisions of land defined by Subsection (1)(d), (e) or (f) above, no person shall record a plat or conveyance for a division of land without complying with the provisions of this chapter or without obtaining the agent's certification of exemption.
An individual, corporation or registered partnership owning
any tract, lot or parcel of land to be subdivided, or a group of two
or more persons owning any tract, lot or parcel of land to be subdivided,
who have given their power of attorney to one of their group or to
another individual to act on their behalf in planning, negotiating
for, in representing or executing the legal requirements of the subdivision.
[Added 3-22-2005 by Ord. No. 2005-4;
amended 12-14-2010 by Ord. No. 2010-14]
A.
Except as provided in Subsection B below, in zoning classifications C-1 (Conservation) and A-1 (Agriculture), no more than one division of land shall be created from a primary parcel or sub-parcel during a thirty-six-month period, and no sub-parcel that has existed for less than 36 months may be divided, except for open space cluster subdivisions as provided in § 142-3.1C. All such divisions shall follow the process established in § 142-5, as pertaining to administrative approved divisions of land.
[Amended 12-12-2023 by Ord. No. 2023-06]
C.
The limitation in Subsection A applies only to property zoned C-1 (Conservation) or A-1 (Agriculture), except that open space cluster development divisions as provided by Article X of Chapter 165 are exempt from the limitation of Subsection A. If property is rezoned to a different classification, therefore, the limitation in Subsection A shall no longer apply. Any other applicable subdivision limitations will continue to apply, however.
[Amended 6-25-2002 by Ord. No. 02-11]
This chapter may be amended in whole or in part
by the governing body, provided that any such amendment shall either
originate with or be submitted to the Planning Commission for recommendation;
and further provided that no such amendment shall be adopted without
a public hearing having been held by the governing body, in accordance
with § 15.2-2204 of the Code of Virginia.
