1201.01. Plat to be prepared. Each subdivision plat shall be prepared by a surveyor duly certified by the Commonwealth of Virginia, who shall endorse upon each plat a certificate setting forth the source of title of the land subdivided and the place of record of the last instrument in the chain of title. Where more than one (1) tract is involved, the outlines of the several tracts shall be indicated upon the plat as provided in Section 1203.02(13).

1201.02. Recordation of plat and its effect. A final plat shall be recorded in the office of the clerk of the circuit court in accordance with Section 1007.06 herein. No street shall be opened, dedicated, or accepted by the county, nor the right-of-way of any existing street in any way impinged upon, nor any public water or sewer service provided, nor any property in a subdivision transferred unless and until a final plat of said subdivision shall have been prepared, approved and recorded, as provided for herein, and until all other requirements specified in this ordinance shall have been met. Penalties for noncompliance of this subsection are provided for in Section 1503.02 herein.

1202.01. Vacation of plats with no lots sold. Where no lots have been sold, any plat, or part thereof, recorded under the provisions of this article may be vacated with the consent of the commission by the owners, proprietors, and trustees, if any, who signed the Certificate of Owner's Consent to Subdivision, as provided in Section 1203.03(7) declaring same to be vacated by a written instrument, duly executed, acknowledged, and recorded in the office of the clerk wherein the plat to be vacated is recorded. The execution and recording of such instrument shall operate to destroy the force and effect of the recording of the plat so vacated and to divest all public rights, and revest such owners, proprietors, and trustees, if any, with the title to the streets, alleys, easements for public passage, and other public areas described in such plat.

1202.02. Vacation of plats with lots sold. In cases where any lot has been sold, a plat or part thereof may be vacated according to either of the following methods:

1.

By written instrument agreeing to said vacation signed by all owners of lots shown on said plat and by the zoning administrator on behalf of and with the approval of the board of supervisors. The word "owners" shall not include lien creditors except those whose debts are secured by a recorded deed of trust or mortgage. The instrument of vacation shall be acknowledged in the manner of a deed and recorded in the office of the clerk wherein the plat to be vacated is recorded.

2.

By ordinance of the board of supervisors on motion of one (1) of its members or an application of any interested person, after notice and public hearing in accordance with requirements of Section 15.2-2204 of the Code of Virginia, 1950, as amended. An appeal from the adoption of the ordinance may be filed within thirty (30) days with the circuit court of the county. Upon such appeal the court may nullify the ordinance if it finds that the owner of any lot shown on the plat will be irreparably damaged. If no appeal from the adoption of the ordinance is upheld on appeal, a certified copy of the ordinance of vacation shall be recorded in the office of the clerk wherein the plat to be vacated is recorded.

1202.03. Effects of vacation. The recordation of the instrument provided in Section 1202.01 or 1202.02(1), or of the ordinance as provided in Section 1202.02(2), shall operate to destroy the force and effect of the recording of the plat or part thereof so vacated, and to vest fee simple title to the centerline of any streets, alleys, or easements for public passage so vacated in the owners of abutting lots free and clear of any rights of the public or any owners of lots shown on the plat, but subject to the rights of the owners of any public utility installation which have been previously erected therein. If any such street, alley, or easement for public passage is located on the periphery of the plat, such title for the entire width thereof shall vest in such abutting lot owners. The fee simple title to any portion of the plat so vacated as was set apart for other public use shall be revested in the owners, proprietors and trustees, if any, who signed the Certificate of Owner's Consent to Subdivision, as provided in Section 1203.03(7) free and clear of any rights of public use in the same.

1202.04. Vacation of boundary lines. The boundary lines of any lot or parcel of land may be relocated or otherwise altered as a part of an otherwise valid and properly recorded plat of subdivision or resubdivision provided such action does not involve the relocation or alteration of streets, public easements or other public areas; and provided further, that no easement or utility rights-of-way shall be relocated or altered without the express consent of all persons holding any interest therein. Boundary and/or internal lot lines may be vacated with the recordation of a deed provided that no easements or utility rights-of-way located along any lot lines to be vacated shall be extinguished or altered without the express consent of all persons holding any interest therein. The deed shall be approved in writing, on its face, by the local governing body or its designee. The deed shall reference the recorded plat by which the lot line was originally created.

(Ord. No. 2019-0010, § 1, 8-20-19)

1203.01. Preliminary plat requirements. The preliminary plat shall be legibly drawn in accordance with the following requirements:

1.

One (1) or more sheets may be used, each to be numbered as "page (number) of (total number of pages)"; if two (2) or more sheets are used, each sheet shall show the name of the subdivision and match lines shall be provided to indicate where sheets join.

2.

The scale shall not be less than one (1) inch equals one hundred (100) feet. The zoning administrator or planning director may accept a scale which is sufficient to clearly show al required details on the plat.

3.

Where the complete plat cannot be shown on one sheet, an index map shall be provided on a separate sheet at a reduced scale.

1203.02. Preliminary plat information. The preliminary plat shall include the following information:

1.

Date of plat and name of surveyor preparing it, shown on each sheet;

2.

Scale and north meridian, designated "true" or "magnetic" and oriented to the top of each sheet, where practical;

3.

The name and signature of the owner, shown on the first sheet;

4.

Sources of data used in preparing the plat, including the deed book and page number of the last instrument in the chain of title;

5.

Locations, lengths, and bearings of lines of the proposed subdivision, with names of all adjoining property owners and the location of each of their common boundaries including established streets and waterways; and adjoining streets with their names;

6.

All pertinent natural and historical features and landmarks; including existing and finished contour lines as needed for review of drainage and sewer facilities, and including watercourses, marshes, lakes, impoundments, and areas of significant vegetation;

7.

All subdivisions, jurisdiction boundary lines, streets, alleys, or other public ways; and other landmarks, if any, within two thousand (2,000) feet of the proposed subdivision shown on an insert on the first sheet at a scale no smaller than six hundred (600) feet to one (1) inch;

8.

Total acreage of the proposed subdivision and the acreage remaining in the original tract, if any;

9.

The location of existing buildings in and within one hundred (100) feet of the subdivision, and the location and description of all existing markers;

10.

The proposed locations, widths, and names of all streets and alleys;

11.

Proposed lot lines with proposed dimensions, building lines and easements, and the proposed use of each lot and other areas, including significant natural features, and those areas to be used for parking, open space, recreation, commercial purposes, or public or governmental use, and existing and proposed utility installations;

12.

Proposed lot numbers and block letters;

13.

If the proposed subdivision consists of land acquired from more than one (1) source of title, the outlines of the several tracts shall be shown and identified on the index map;

14.

A map showing the location of the proposed subdivision with respect to any designated flood plain district, including information, but not limited to, the one hundred (100) year flood elevations, boundaries of the flood plain districts, proposed lots and sites, fills, flood or erosion protective facilities, and areas subject to special deed restrictions;

15.

Indicate current zoning of the parcel of land to be subdivided as provided herein;

16.

All special platting requirements of Section 710 must be shown for those portions of the property located within any primary or secondary watershed district. This information shall include tributary buffer strips, drain field and reserve drain field spaces, reservoir setbacks, reservoir setback restriction statements, minimum septic tank maintenance standards and storm water management facilities;

17.

Name and signature of any owners of property over which a right-of-way traverses which is intended to provide required access to the subdivision. The signature block shall include the following statement: "The owners understand and accept the prescribed right-of-way on their property as a means of access to a subdivision of property. It is understood and accepted that maintenance of the access road will take place within the right-of-way";

18.

All lots shall have a primary and one hundred (100) percent reserve drain field unless the lot is being served by public sewer or is greater than or equal to twenty (20) acres. For lot twenty (20) acres or greater the following statement shall be clearly noted on the plat for this lot: "The approval of lot(s) comprising greater than twenty (20) acres by the County of Amherst does not certify or guarantee the owner or purchaser the presence of adequate soils to support an on-site wastewater treatment system for any development as no demonstration has been made by the developer/subdivider of the same";

19.

All private waste disposal systems including their reserve areas be located on the same property as the building site that the private waste disposal system benefits. Mass drain fields may not be subject to this proposal;

20.

When private on-site wastewater systems other than mass drain fields approved by the Amherst County Health Department are utilized:

1.

Each system approved after October 17, 2006 shall have another on-site wastewater system area reserved for use in the event of failure of the initial on-site wastewater system;

2.

In all zones, the reserve on-site wastewater system area shall be sufficient to accommodate a minimum of one hundred (100) percent of the capacity of the initial on-site wastewater system;

3.

The location of all on-site wastewater system areas and reserve areas shall be shown on the plat of the subdivision and if pretreatment is proposed for the on-site wastewater system, such proposal must be clearly stated on the plat;

4.

All plats of subdivision and site plans shall contain the following: The Virginia Department of Health advises that septic tanks be pumped every three (3) to five (5) years to maximize the life of the on-site wastewater system area.

21.

The location of mapped dam break inundation zones, and their impact on the development.

22.

When a storm water drainage easement is required on the plat per Section 1301.06, the following statement shall be clearly noted on the plat: "The maintenance, repair, and operation of any storm water management improvements and conveyance systems of this subdivision are the private responsibility of the current and future owners of the property shown hereon and shall not become a public responsibility unless formally dedicated to, and expressly accepted by Amherst County or other public agency."

(Ord. of 7-18-06(5); Ord. of 10-17-06(5); Ord. of 4-21-09(2); Ord. No. 2013-0016, § 1, 1-27-14; Ord. No. 2015-0011, § 2, 11-17-15)

1204.01. Final plat requirements. The final plat shall be legibly drawn and submitted in accordance with the following requirements:

1.

Copies shall be permanent copies of original tracings;

2.

One (1) or more sheets may be used, each to be numbered as "page (number) or (total number of pages)"; if two (2) or more sheets are used, each sheet shall show the name of the subdivision, and match lines shall be provided to indicate where the several sheets join;

3.

The scale shall not be less than one (1) inch equals one hundred (100) feet. The zoning administrator or planning director may accept a scale which is sufficient to clearly show all required details on the plat;

4.

Where the complete plat cannot be shown on one (1) sheet, an index map shall be provided on a separate sheet at a reduced scale.

1204.02. Information contained on final plat. The final plat shall include the following information:

1.

All of the information required of preliminary plats in Section 1203.02;

2.

Bearings, lengths, widths, centerlines, easements and right-of-way of every street and alley within the subdivision; data for all curves and angles in streets and alleys; location or iron pipes marking street corners, angles in streets, and the beginning (marked "PC") and end ("PT") of each curve in streets;

3.

Building setback lines, with distance to street right-of-way and length of the setback line for each lot;

4.

Location, bearings, and dimensions of all lot lines with location of markers shown;

5.

Land or water areas to be dedicated or reserved for streets, alleys, parking areas, or other public use, or for common use of future property owners in the subdivision;

6.

All restrictive covenants or references to where such covenants are filed;

7.

An execution of the owner's consent to subdivision, in accordance with Code of Virginia, § 15.2-2264, as amended, stating that "The platting or dedication of the following described land (here insert a correct description of the land subdivided) is with the free consent and in accordance with the desire of the undersigned owners, proprietors, and trustees, if any."

8.

A certificate signed by the surveyor setting forth:

a.

The source of title of the owner of the land subdivided;

b.

The place of record of the last instrument in the chain of title;

c.

All markers are shown and described in the plat and are in place as shown.

9.

Space for signatures of approval of the zoning administrator, a Virginia Department of Transportation representative, a Virginia Department of Health representative, and in the case of property to be served by public utilities or located in a watershed district, the director of public utilities for the Amherst County Service Authority or a representative of the Town of Amherst, as appropriate;

10.

Name and signature of any owners of property over which a right-of-way traverses which is intended to provide required access to the subdivision. The signature block shall include the following statement: "The owners understand and accept the prescribed right-of-way on their property as a means of access to a subdivision of property. It is understood and accepted that maintenance of the access road will take place within the right-of-way."

11.

For properties not served by public sewer, a signature block for the developer's Virginia Certified Onsite Soil Evaluator, stating "I Certify that soils evaluation work for this subdivision has been done in accordance with both state law, and Amherst County ordinances relating to onsite sewage disposal. Data resulting from soil work, including treatment systems, pre-treatment systems, primary and reserve drain fields, has been appropriately evaluated and approved by the Virginia Department of Health."

1204.03. Items to accompany final plat. The following items shall accompany the final plat at the time of submission to the zoning administrator:

1.

An unexecuted copy of the proposed deed of dedication, accompanied by a certificate signed by the subdivider and duly acknowledged before an officer authorized to accept acknowledgements of deeds, certifying that the copy is a true copy of the proposed deed of dedication which will be presented for recording. Said deed shall contain language except as provided herein, such that when the deed is recorded it shall operate to transfer in fee simple to the county, such portion of the platted premises as is set apart on the final plat for streets, alleys, easements, or other public use, and shall create a public right of passage over same; and shall contain a complete description of the land subdivided and any restrictive covenants and reservations applicable to the subdivision. When public water and/or sewerage facilities shall be involved, a grant of easement to the county for maintenance and servicing public utilities shall be established; and further it must be provided that all individuals and entitles providing public services requiring ingress and egress for themselves, their agents, and employees, and equipment shall have the necessary easements to accomplish said public service. Public service shall include, but not be limited to, the following: public garbage service; public school bus service; U.S. postal service; fire, police and rescue service; telephone and power repair and maintenance trucks and any and all similar services.

2.

A statement signed by the administrator of the Erosion and Sedimentation Control Ordinance of the county certifying approval of the Soil Erosion and Sedimentation Control Plan submitted by the subdivider, as provided for in the Soil Erosion and Sedimentation Control Ordinance.

3.

A certificate signed by representatives of the health department and the service authority, or the town, where applicable, and in the case of subdivisions to be served by onsite sewage disposal systems, by the developer's Virginia Certified Onsite Soil Evaluator, stating that the water and sewer systems proposed are acceptable and in conformity with current requirements of the State Department of Health and Amherst County ordinances, and that each lot will have an adequate and safe water supply and an adequate means of sewage disposal, if applicable. In lieu of the certificate the signature of the appropriate health department and/or service authority official may be required to appear on the plat.

4.

A certificate signed by the resident engineer stating that the plans for all streets, street signs, and drainage systems are acceptable and in conformity with applicable requirements, and certifying approval of any installation of such improvements already undertaken. In lieu of the certificate the signature of the appropriate Virginia Department of Transportation official may be required to appear on the plat.

5.

A performance bond in accordance with Section 1010 herein.

(Ord. of 8-21-07(3); Ord. No. 2015-0011, § 2, 11-17-15)

The subdivider shall dedicate to the county, and the highway department, where applicable, all land required for streets, easements and alleys and other public facilities as required in this ordinance. The zoning administrator or his duly designated agent and the resident engineer, where applicable, shall make such inspections during and after final installation of the improvements required herein as shall be deemed necessary, and no installation shall be accepted as completed until approved by the zoning administrator or his duly designated agent, and the resident engineer, where applicable, except as otherwise provided for in Section 1010 herein.

The zoning administrator or planning director is hereby delegated the authority to receive, review and approve or disapprove plats of family divisions, reconfigurations and matters described in Section 1207.03.

1207.01. Family divisions.

(A)

A single division of a lot or parcel for the purpose of sale or gift to a member of the immediate family, including the family member's spouse, of the property owner or of the beneficiary of a family trust as provided in this section. Only one (1) such division is to be allowed per family member, and shall not be for the purpose of circumventing this subsection. For the purposes of this subsection a member of the immediate family is defined as any person who is a natural or legally defined offspring, stepchild, spouse, aunt, uncle, niece, nephew, grandchild, grandparent, sister or brother or parent of the owner or beneficiary. Such a division shall be called a family division. The applicant shall submit three (3) copies of said family division plat to the planning department for review and approval. Within sixty (60) days of official submission, the plat shall be approved or disapproved by the zoning administrator or his/her designee. The applicant shall be responsible for recording the plat in the office of the clerk of the circuit court within six (6) months of approval or it will become invalid. The family division plat shall clearly show the following information:

1.

Every plat which is intended for recording shall be prepared by a certified professional engineer or land surveyor, who shall endorse upon each such plat a certificate signed by him or her setting forth the source of title of the owner(s) of the land(s) involved in the family division and the place of record of the last instrument(s) in the chain of title;

2.

Date of plat;

3.

Scale;

4.

North arrow;

5.

Adjoining property owners;

6.

Bearings and distances of all lines surveyed as part of the family division;

7.

An execution of the owner's consent to subdivision, in accordance with Code of Virginia, § 15.2-2264, as amended, stating that "The platting or dedication of the following described land (here insert a correct description of the land subdivided) is with the free consent and in accordance with the desire of the undersigned owners, proprietors, and trustees, if any";

8.

Acreage of the conveyed property, per Section 801;

9.

The acreage and frontage width of the remainder or a statement certifying the surveyor's knowledge that the remainder of the property meets the minimum acreage and frontage width requirements;

10.

Tax map section, block and lot number;

11.

Plat clearly labeled FAMILY DIVISION by the surveyor;

12.

Name(s) of family member grantee;

13.

Sufficient dedicated easement to the county to meet the standards of the Virginia Department of Transportation when a lot fronts on a state maintained road;

14.

Signature block for county official;

15.

All family subdivisions not fronting on a public road shall provide for the conveyance of a right-of-way twenty (20) feet in width;

16.

If the property is located within a watershed overlay district, all requirements applicable to the subdivision of land therein must be met.

(B)

A family division is permitted for a sale or gift to a member of the immediate family of the property owner, subject only to the express requirements contained in the Code of Virginia (1950), as amended, and the following provisions:

1.

No previous transfer from the same source tract under this provision has been granted to the grantee in Amherst County;

2.

The grantee is at least eighteen (18) years of age and able to hold title to real estate under Virginia law;

3.

The property owner must place a restrictive covenant on the subdivided property that would prohibit the transfer of the property to a nonmember of the immediate family for a period of five (5) years. Upon application, the zoning administrator or his/her designee may reduce or provide exceptions to the five-year retention period when changed circumstances so require, including, but not limited to, foreclosure, death, judicial sale, condemnation, bankruptcy or permanent relocation by the owner out-of-state. Additionally, the zoning administrator or his/her designee may approve the transfer of property between eligible family members as defined in Section 1207.01(A) "definition of family member" within the five-year retention period. Any such relief granted by the administrator shall be in the form of an instrument that the applicant shall record against the parcel in the land records of the circuit court; and

4.

All proposed plats for family subdivision shall include an affidavit which shall be signed by the grantor and grantee under oath and penalty of perjury that identifies the subdivision as being for the purposes of conveyance to a qualifying family member and identifies the receiving family members and their relationship to the grantor.

(C)

A family division is permitted for a sale or gift to a member of the immediate family of the beneficiary or beneficiaries of a family trust of land held in the trust, subject to the following provisions:

1.

No previous transfer from the same source tract under this provision has been granted to the grantee in Amherst County;

2.

The grantee is at least eighteen (18) years of age and able to hold title to real estate under Virginia law;

3.

That all grantees are immediate family members of all beneficiaries, and all beneficiaries agree, by their signature on the plat, to the subdivision;

4.

The grantor must place a restrictive covenant on the subdivided property that would prohibit the transfer of the property to a nonmember of the immediate family of the beneficiary or beneficiaries for a period of five (5) years. Upon application, the zoning administrator or his/her designee may reduce or provide exceptions to the retention period when changed circumstances so require, including, but not limited to, foreclosure, death, judicial sale, condemnation, bankruptcy or permanent relocation by the owner out-of-state. Additionally, the zoning administrator or his/her designee may approve the transfer of property between immediate family members of the beneficiary or beneficiaries within the five-year retention period. Any such relief granted by the administrator shall be in the form of an instrument that the applicant shall record against the parcel in the land records of the circuit court; and

5.

All proposed plats for family subdivision shall include an affidavit which shall be signed by all beneficiaries of the trust under oath and penalty of perjury that identifies the subdivision as being for the purposes of conveyance to a qualifying family member and identifies the receiving family members and their relationship to the beneficiary or beneficiaries of the trust.

(D)

In the event the zoning administrator or his/her designee determines that a family division has been used to circumvent the Subdivision Ordinance, he shall initiate the vacation of all or part of the plat or plats of the original lot or parcel to the extent necessary to correct the violation.

(E)

The approved family subdivision plat shall be recorded in the office of the clerk of the circuit court within six (6) months.

(F)

Family subdivisions that do not comply with these requirements shall be presumed to have intended at the time of approval to circumvent this chapter and shall be deemed to be in violation and may result in one (1) more of the following:

1.

Any action specified in Article X of the Zoning Ordinance, including, but not limited to, civil remedy and relief and criminal penalties and fines;

2.

Vacation of the subdivision; and

3.

Refusal of building permits and other development permits.

1207.02. Reconfiguration plat submission and approval. The applicant shall submit five (5) copies of the plat to the planning department for review and approval. The zoning administrator or planning director will complete the review within seven (7) days of receipt of the plat. Once a determination has been made that the plat meets the standards of this ordinance, the zoning administrator or planning director shall approve it and sign the plat.

The applicant shall be responsible for recording the plat in the office of the clerk of the circuit court within six (6) months of approval or it will become invalid. The reconfiguration plat shall clearly show the following information:

1.

Every plat which is intended for recording shall be prepared by a certified professional engineer or land surveyor who shall endorse upon each such plat a certificate signed by him or her setting forth the source of title of the owner(s) of the land(s) involved in the reconfiguration and the place of record of the last instrument(s) in the chain of title;

2.

Date of plat;

3.

Scale;

4.

North arrow;

5.

Adjoining property owners;

6.

Bearings and distances of all lines surveyed as part of the reconfiguration;

7.

An execution of the owner's consent to subdivision, in accordance with Code of Virginia, § 15.2-2264, as amended, stating that "The platting or dedication of the following described land (here insert a correct description of the land subdivided) is with the free consent and in accordance with the desire of the undersigned owners, proprietors, and trustees, if any."

8.

The acreage and frontage width of the reconfigured properties or a statement certifying the surveyor's knowledge that the reconfigured properties meet the minimum acreage and frontage width requirements;

9.

Tax map section, block and lot number;

10.

Plat clearly labeled RECONFIGURATION by the surveyor;

11.

Signature block for county official.

1207.03. A subdivision not exceeding ten (10) lots may be approved by the zoning administrator or planning director provided no new public street, public water or public sewerage facilities are involved; the required certifications have been approved by the appropriate agent; no variances or modifications are involved; and all the requirements set forth herein are met.

1207.04. Utility, Cemetery and Storm-Water Divisions. The applicant shall submit five (5) copies of the plat to the planning department for review and approval. The zoning administrator or planning director will complete the review within sixty (60) days of receipt of the plat. Once a determination has been made that the plat meets the standards of this ordinance, the zoning administrator or planning director shall approve it and sign the plat.

The applicant shall be responsible for recording the plat in the office of the clerk of the circuit court within six (6) months of approval or it will become invalid. The utility, cemetery and or storm-water division plat shall clearly show the following information:

1.

Every plat which is intended for recording shall be prepared by a certified professional engineer or land surveyor, who shall endorse upon each such plat a certificate signed by him or her setting forth the source of title of the owner(s) of the land(s) involved in the family division and the place of record of the last instrument(s) in the chain of title;

2.

Date of plat;

3.

Scale;

4.

North Arrow;

5.

Adjoining property owners;

6.

Bearings and distances of all lines surveyed as part of the cemetery, storm-water facility or utility division;

7.

An execution of the owner's consent to subdivision, in accordance with Code of Virginia, § 15.2-2264, as amended, stating that "The platting or dedication of the following described land (here insert a correct description of the land subdivided) is with the free consent and in accordance with the desire of the undersigned owners, proprietors, and trustees, if any";

8.

Acreage of the conveyed property;

9.

The acreage and frontage width of the remainder or a statement certifying the surveyor's knowledge that the remainder of the property meets the minimum acreage and frontage width requirements;

10.

Building setback lines with distance to street right-of-way and length of the setback line for each lot;

11.

Tax map section, block and lot number;

12.

Plat clearly labeled as either a utility, cemetery or storm-water facility division;

13.

Space for signatures of approval of the zoning administrator, a Virginia Department of Transportation representative, a Virginia Department of Health representative, and in the case of property to be served by public utilities or located in a watershed district, the director of public utilities for the Amherst County Service Authority or a representative of the Town of Amherst, as appropriate;

14.

Sufficient dedicated easement to the county to meet the standards of the Virginia Department of Transportation when a lot fronts on a state maintained road;

15.

All utility, cemetery or storm-water facility lots not fronting on a public road shall provide for the conveyance of a right-of-way twenty (20) feet in width;

a.

Name and signature of any owners of property over which a right-of-way traverses which is intended to provide required access to the utility, cemetery and or storm-water facility lot. The signature block shall include the following statement: "The owners understand and accept the prescribed right-of-way on their property as a means of access to a subdivision of property. It is understood and accepted that maintenance of the access road will take place within the right-of-way."

16.

All proposed cemetery lots shall meet the following provisions:

a.

Any burial plot on land abutting a public or private street shall comply with the required front-yard setback of the underlying zoning district and twenty-five (25) feet from all property lines. In addition, cemeteries shall comply with all state regulations, including setbacks from residential uses and public water supplies.

b.

Arrangements for perpetual maintenance of the cemetery shall be in compliance with all applicable governmental laws and regulatory requirements of the Perpetual Private Cemetery Maintenance Agreement and shall be approved by the county attorney as to form.

c.

Cemeteries and distance from wells. All cemeteries shall meet the requirements set forth by the Virginia Department of Health.

17.

A notation on the plat that the lot is not a building lot.

(Ord. of 8-18-09; Ord. No. 2015-0011, § 2, 11-17-15; Ord. No. 2019-0008, § 1, 8-20-19; Ord. No. 2020-0014, § 1, 11-17-20; Ord. No. 2022-0007, § 1, 6-21-22; Ord. No. 2022-0006, § 1, 8-16-22; Ord. No. 2023-9, 12-19-23)