This article shall be known and may be cited and referred to as the "Subdivision Ordinance of Essex County, Virginia."

In accord with the Code of Virginia, § 15.2-2252, a certified copy of the adopted subdivision Ordinance and any and all amendments thereto shall be filed in the office of the Subdivision Agent (Agent) and in the Clerk's Office of the Circuit Court.

Per the Code of Virginia, §§ 15.2-2251 and 15.2-2253, this article 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; further provided, that no such amendment shall be adopted without a public hearing having been held by the governing body in accordance with Code of Virginia, § 15.2-2204. In no instance shall an amendment be adopted by the governing body of the locality without first seeking the recommendation of the Commission. If no recommendation is made by the Commission, the governing body may take action 60 days from their inquiry.

Upon the adoption of this Ordinance, all Subdivision Ordinances heretofore adopted by the Board of Supervisors of Essex County are hereby repealed.

Development of two or more single-lot subdivisions or two or more adjoining minor subdivisions, for the purpose of circumventing subdivision requirements shall not be permitted. Family subdivisions, boundary line adjustments and parent tracks recorded prior to February 17, 1988 shall not be counted towards subdivision cumulative lot totals.

Exemption from the term "subdivision" does not mean that an exempted divided property meets the requirements of the zoning ordinance.

(1)

Adjoining Properties. Existing Parcels. The sale or exchange of existing parcels of land between owners and the creation of boundary surveys which do not change or alter any boundary lines of a parcel.

(2)

Utility Rights-of-Way; Public, Private Rights-of-Way. A bona fide division of a tract of land in order that one or more of the resulting parcels may be used as part of a public utility right-of-way or other public or private right-of-way. If a parcel resulting from such division is ever to be used as a building site for other than a hereinabove described right-of-way, then before a building permit may be issued for such other use, the minimum requirement of this Ordinance shall be observed.

(3)

Wills, Court Action. The partition of lands by will, by partition deed of intestate land by the descendants of the deceased former owner or through action of a court of competent jurisdiction.

(4)

Minor Subdivisions and Boundary Line Adjustments. These divisions and adjustments will be reviewed for suitability and lot standards through an administrative plat review process.

Major subdivisions have 6 or more lots and therefore will have greater impact on the environment, highways, and surrounding communities than will smaller subdivisions. Therefore, major subdivisions are permitted in the A-2 Districts only when in areas designated Rural Residential or Development Service by the Comprehensive Land Use Plan Map.

Minor subdivisions have two to five lots and reduced impact on the environment, highways, and surrounding communities than larger subdivisions.

Single subdivisions include one division of a single tract or parcel of land.

(a)

Family subdivisions encourage and promote the ability of family members to live in close proximity to one another as housing needs change, to provide opportunities for mutual support and care of family members, and to allow for the preservation of family land holdings which might otherwise be fragmented for economic reasons. Allowing the conveyance of property between immediate family members and beneficiaries of a trust without the necessity of compliance with all of the subdivision requirements imposed on unrelated parties further this purpose. To that end, the subdivision of land for simultaneous conveyance to a member of the immediate family of the property owner shall be considered to be a family subdivision.

(b)

A single division of a lot or parcel shall be permitted for the purpose of its conveyance 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 the natural or legally defined offspring, stepchild, spouse, sibling, grandchild, grandparent, or parent of the owner. If the property to be subdivided is owned in joint tenancy, the necessary relationship to the grantee may exist with any one or more of the joint tenants.

(c)

Per the Code of Virginia, §§ 15.2-2244, 15.2-2244.1, and 15.2-2244.2, all family subdivisions shall be subject to the following provisions and conditions in lieu of the other subdivision regulations imposed by this chapter.

(1)

Only one such division shall be allowed within Essex County for each immediate family member.

(2)

The lot or parcel to be divided shall have been titled of record in the name(s) of the owner(s) for a minimum of 15 years prior to the date of recordation of the family subdivision.

(3)

The grantor of the transferred parcel shall include a restriction in the deed to the transferred parcel that prohibits the transfer of such parcel to a non-member of the immediate family of the grantor for a period of 15 years form the date of the original transfer unless a waiver of such restriction is obtained from the Agent or the Board of Supervisors. Such restriction shall provide that any attempted conveyance in violation of the restriction shall be null and void, except for conveyances otherwise permitted under this Section.

(4)

All lots or parcels, including the parent tract, created under this Section shall remain titled in the name(s) of an immediate family member of the grantor for a period of not less than 15 years from the date of recordation of the deed of conveyance unless:

a.

The parcel to be transferred out of the immediate family is the subject of an involuntary transfer such as foreclosure, divorce, death, judicial sale, condemnation, or bankruptcy, in which case, upon application to the Agent, any remaining required holding period shall be waived; or

b.

The owner(s) of the parent tract dies in which case, upon application to the Agent, any remaining holding period shall be waived for the parent tract; or

c.

The transferred parcel is later transferred to a subsequent grantee who qualifies as an immediate family member of the original grantor as set forth in this Section, in which case only the remainder of the initial required holding period shall apply to the subsequent grantee; or

d.

The proposed transfer is submitted to the Agent for approval, and all requirement of the Essex County Zoning and Subdivision Ordinance in effect at the time the application is submitted are met; or

e.

An exception to these provisions is made by the Board of Zoning Appeals (BZA) upon a determination of injustice or hardship as permitted under the provisions of this Ordinance.

(5)

The minimum width, yard, and area requirements of all lots or parcels, including the remaining property form which the lot or parcel is subdivided, shall be in accordance with the applicable provisions of the Essex County Zoning and Subdivision Ordinance.

(6)

Each lot or parcel shall front on a public road or upon a private driveway or road that is in a permanent easement. Lots less than five acres shall have a right-of-way not less than 20 feet in width. Lots five acres and greater shall have a right-of-way of at least 50 feet in width. Where the parcel being subdivided fronts on an existing right-of-way less than 20 feet in width, a 20-foot right-of-way shall only be required on the parcel to be subdivided and transferred. Prior to the use of any such lot or parcel for residential purposes, the required right-of-way shall include and improved driveway within it consisting of, at a minimum, and all-weather surface or 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 those having a right to use it 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 be included in the deed or deeds by which the subdivision is effected. Passable condition refers to not only the surface, but also to horizontal and vertical clearances.

(7)

All provisions of the Zoning and Subdivision Ordinance governing erosion and sediment control and the dedication of drainage and utility easements shall apply to family subdivisions as fully and completely as if set forth herein.

(8)

A final plat shall be submitted to the Agent for approval. The final plat shall conform to all applicable requirements of the Zoning and Subdivision Ordinance. Along with the plat an affidavit, under oath, shall be submitted, in the form prescribed by the Agent, describing the purposes of the subdivision and identifying the member of the immediate family receiving the lot created. Such plat shall be subject to the fees set forth in Section 36.737 of this Ordinance. The proposed deed of conveyance shall be submitted to the Agent and, once approved for compliance with this Section, recorded along with the approved plat. Both the deed and the plat shall contain the following statement set forth so as to be seen readily in a minimum of [twelve] (12) point type:

THIS LOT IS CREATED AS A FAMILY SUBDIVISION PURSUANT TO THE PROVISIONS OF THE ESSEX COUNTY ZONING AND SUBDIVISION ORDINANCE. THE USE AND TRANSFER OF THIS PROPERTY ARE RESTRICTED BY THE TERMS OF THAT ORDINANCE.

(d)

The Agent shall reject any proposed family subdivision if, after investigation of the facts and circumstances involved in the proposed subdivision, the Agent believes that the proposed subdivision is for the purpose of circumventing the requirements of this Chapter and is not in accordance with the purpose and intent of this Section. The burden of proving compliance with the purpose, intent, and conditions of this Section shall be on the property owner. Nothing in this Section shall be deemed to exempt family subdivisions from the requirements of other provisions of the Essex County Code which are deemed to be applicable by the Agent.

The Agent shall not approve the subdivision of land if, from adequate investigations conducted by all public agencies concerned, it has been determined that in the best interest of the public the site is not suitable for platting and development purposes of the kind proposed.

Land subject to flooding and land deemed to be topographically unsuitable, having unsuitable soils or inadequate light and air shall not be platted for residential occupancy nor for such other uses as may increase danger of health, life or property or may aggravate erosion or flood hazard. Such land within the subdivision shall be set aside on the plat for such uses as shall not be endangered by periodic or occasional inundation or shall not produce conditions contrary to public welfare.

The maximum residential densities allowable within residential subdivisions shall be in accordance with the provisions of the zoning district and guided by the Comprehensive Plan and the Future Land Use Map.

(a)

In every Subdivision of over five lots, the Board of Supervisors may require the platting and dedication to the governing body, or to a homeowner's association, of suitable and adequate open space for recreation.

(b)

The Agent shall not recommend the acceptance of any land for dedication unless it finds that such land is suitable to serve the purpose of active or passive recreation by reason of its location, configuration and topography.

(c)

The amount of land necessary for said purposes shall vary, as herein set forth, in accordance with the densities of population permitted in small lot subdivisions, multi-family and PUD districts.

(d)

Recreational areas, whether publicly or privately owned, which are provided in conformance with any form of cluster, lot averaging townhouse, or planned unit development provisions, and which equal or exceed the requirements for dedication as set forth herein, may completely and fully satisfy the above requirements. However, the developer or subdivider shall satisfy the Board of Supervisors that there are adequate provisions to assure retention and future maintenance of said recreational areas.

(a)

Lot Size. Lot area and width shall be in accordance with the provisions of the Essex County Zoning and Subdivision Ordinance.

(b)

Lot Shape. The lot arrangement, design, and shape shall be such that lots will provide satisfactory and desirable sites for buildings, be properly related to topography, and conform to requirements set forth herein. Lots shall not contain peculiarly shaped elongations which would be substantially unusable for normal purposes solely to satisfy necessary square footage or frontage requirements or to provide access to any lot that would otherwise not have road frontage, except to the extent expressly permitted under Section 36.550.

The use of flag lots is prohibited except where safety or environmental factors prevent normal lot design and their use improves the quality of the design of the subdivision and provides for a better use of land. The financial cost of road construction or the loss of lots shall not by themselves constitute sufficient reasons to use flag lots. Where flag lots are otherwise permitted under the provisions hereof, single lot and minor subdivisions shall be limited to one such flag lot. In major subdivisions, flag lots shall comprise no more than 10 percent of the total lots in the subdivision (percentages will be rounded to nearest whole number). The restrictions and limitations on the use and number of flag lots permitted hereunder shall not be avoided by the subdivision of land at different times. For purposes of determining the maximum number of allowable flag lots, all subdivisions of the parent tract shall be deemed to be included as part of the same subdivision, regardless of when subdivided. Where flag lots are otherwise permitted hereunder, the number of contiguous parallel narrow lot sections shall be limited to no more than two so as not to create traffic hazards, confusion and dispute with respect to boundary locations. Where a flag lot is permitted, the stem that accesses the street or road shall be no less than 50 feet in width at any point. The length of such stems shall be limited to no more than 300 feet.

All remnants of lots below minimum size, left over after subdividing a tract, must be added to adjacent lots rather than allowed to remain unusable parcels.

(a)

All lots or parcels of land shall have frontage on an existing or proposed street or right-of-way in accordance with the provisions of the Essex County Zoning and Subdivision Ordinance and shall provide an easement, road, or street to conformance with the provisions of this Ordinance from such lots or parcels of land to a public street. The Agent or Board of Supervisors, after considering VDOT's recommendation, may limit the number of accesses to public streets and secondary roads for major subdivisions if individual access for each lot in the subdivisions could create a traffic hazard due to existing public street/secondary road conditions or configurations.

(b)

If a subdivision or contiguous parent tracts are being developed in such a manner that results in 6 lots or more being accessed by the same subdivision roads, the subdivision shall be developed along an existing public street or the subject roads shall be constructed from such lots or parcels to a public street in accordance with subdivision street standards established by the Virginia Department of Transportation and comply with Section 36.554 of this Ordinance.

(c)

If a subdivision is being developed in such a manner that results in five lots or less, private streets are allowed provided that all private streets will be in conformance with Article VII of this Ordinance. Except private streets in a single lot subdivision shall comply with Article VIII of this Ordinance. Said private streets shall extend from such lots or parcels to a public street.

(a)

Length. The maximum length of blocks generally shall be 1,200 feet and the minimum length of blocks upon which lots have frontage shall be 500 feet.

(b)

Width. Blocks shall be wide enough to allow two tiers of lots of minimum depth, except where prevented by topographical conditions or size of the property, in which case the Agent may approve a single tier of lots of minimum depth.

(c)

Orientation. Where a subdivision adjoins a major road, the Agent may require that the greater dimension of the block shall front or back upon such major thoroughfare to avoid unnecessary ingress or egress.

(a)

Standards. Any requirements contained herein for streets shall be deemed to be the minimum requirements.

(b)

Names. Proposed streets which are obviously in alignment with others already existing and named, shall bear the name of the existing street. In no case shall the name of proposed streets duplicate existing street names irrespective of the use of the suffix Avenue, Boulevard, Drive, Way, Place, Lane or Court. Street names shall be indicated on the tentative and final plats and shall be approved by the Agent. Names of existing streets shall not be changed except by approval of the Board of Supervisors.

(c)

Street Name Signs. Street name signs of a suitable and County approved design and durable material and lettered on both faces shall be installed by the subdivider on the most visible corner of every intersection. Wooden signs shall not be used.

(d)

Major Subdivisions.

(1)

Existing Public Streets. In cases where subdivision lots are created on an existing State maintained road (public street) having a total width of less than 50 feet, a dedication of additional; right-of-way to Essex County shall be provided. If dedication of additional right-of-way is found to be needed shall require same, so that the street is not less than 25 feet in width on the subdivision side measuring from the centerline of said street.

(2)

New Streets. All roads or streets in a major subdivision shall be public streets and shall be constructed in accordance with alignment, approach angle, access, width, grading, paving, and other specifications established by Virginia Department of Transportation in effect at the time the subdivision is approved. Upon completion such road or street shall follow dedication procedure for adoption into the State Highway System.

a.

Alignment and layout. As required by Code of Virginia, § 15.2-2241(2) the arrangement of streets in new subdivisions shall make provision for the continuation of existing streets in adjoining areas and proposed streets as shown on the adopted plan of land use and major thoroughfares.

1.

The street arrangement shall be such as to cause no unnecessary hardship to owners of adjoining property when they plat their own land and seek to provide for convenient access to it. Where, in the opinion of the Agent, based on the adopted Comprehensive Plan or planned long-term use and development of the adjoining property, it is desirable to provide for street access to adjoining property, proposed streets shall be extended by dedication to the boundary line of such property.

b.

Alleys. Alleys should be avoided whenever possible.

c.

Cul-De-Sac. The maximum number of dwelling units allowed on a cul-de-sac shall be twenty (20).

(e)

Minor Subdivision.

(1)

New Public Streets. If streets are to be public streets dedicated and accepted in the State Secondary System, said streets shall be improved and constructed in conformance with alignment, approach angle, access, width, grading, paving, and other specifications for Subdivision Street Standards established by Virginia Department of Transportation in effect at the time the subdivision is approved. All streets shall also comply with Section 36.554(d)(2).

(2)

Existing Public Streets. In cases where subdivision lots are created on an existing State maintained road (public street) having a total width of less than 50 feet, a dedication of additional; right-of-way to Essex County shall be provided. If dedication of additional right-of-way is found to be needed shall require same, so that the street is not less than 25 feet in width on the subdivision side measuring from the centerline of said street.

(3)

Existing Private Streets or Rights-of-Way. In cases where subdivision lots are created on an existing private street or right-of-way having a total width of 50 feet or less, a dedication of additional right-of-way to Essex County shall be provided. If dedication of additional right-of-way is needed, requirement shall be same so that the street is not less than 25 feet in width on the subdivision side measuring from centerline of said street. Subdivider or developer shall certify to the plat officer that said private street or right-of-way is dedicated for use to the property where subdivision will be created.

(4)

New Private Streets. In cases where minor subdivision lots are created with private streets and not to be taken into VDOT's system, such streets shall be in conformance with the following provisions:

a.

Alignment and Layout. Alignment should fit closely to the existing topography so as to minimize the need for cuts and fills. In purely residential areas serving local traffic, there is advantage in purposely making the alignment of such nature so as to discourage high speed through traffic. Extreme caution, however, should be taken in the design of the alignment to assure that the safety of the facility is not reduced. Whenever possible, streets should intersect at right angles. In all hillside areas, streets running with contours shall be required to intersect at angles not less than 60 degrees, unless approved by Agent.

b.

Approach Angle. Streets shall approach the other streets at an angle of not less than 80 degrees, unless the Agent approves a lesser angle of approach for reasons of contour, terrain or matching of existing patterns. Sight distance at intersecting streets is of paramount importance, and a minimum sight distance of 300 feet should be obtained.

c.

Minimum Width. The minimum width of right-of-way for proposed streets, measured from lot line to lot line, shall be 50 feet and extend from such lots or parcels to a public street.

d.

Grades. Grades shall follow contours with minimum cut and fills, and maximum grade often percent, unless the Agent approves a greater percent for reasons of contours or terrain. At intersecting streets, a landing not exceeding a three percent grade shall be provided for a distance of 25 feet from the edge of pavement of the street.

e.

Base and Pavement. The street base shall be of sufficient depth to provide a mud-free surface and prevent excessive rutting during inclement weather. The base material shall have sufficient fine material to permit bonding of the base material. Hard surface pavement is not required. When surface treatment or other asphaltic surface material is proposed, a minimum of 6 inches of aggregate base material meeting the requirements of the Virginia Department of Transportation shall be required prior to application of pavement material.

f.

Cul-De-Sac. Each cul-de-sac must be terminated by a turn-around having a right-of-way of not less than one 110 feet in diameter, and a graveled roadway of not less than 90 feet in diameter.

g.

Names. Proposed streets which are obviously in alignment with others already existing and named shall bear the name of the existing street. In no case shall the name of proposed streets duplicate existing street names irrespective of the use of the suffix Avenue, Boulevard, Drive, Way, Place, Lane, or Court. Street names shall be indicated on the plats and shall be approved by the Agent. Names of existing streets shall not be changed except by approval of the Essex County Board of Supervisors.

h.

Street Name Signs. Street name signs of a suitable and County-approved design and durable material and lettered on both faces shall be installed by the subdivider on the most visible corner of very intersection, if applicable.

i.

Restrictive Covenants. The deed of each tract in a private street subdivision shall carry a restrictive covenant to the effect that the streets in a subdivision are private in nature and shall not be maintained by the Virginia Department of Transportation or other public agency and that the maintenance and improvement thereof shall be the mutual obligation of the landowners in the subdivision abutting said roads that such private roads shall not be taken into the State Secondary System unless and until the abutting landowners shall have constructed and dedicated the private road in accordance with the Virginia Department of Transportation's subdivision street requirements in effect at the time of the request, and thereafter the Essex County Board of Supervisors shall have recommended that said road be taken into the State Secondary System of highways.

j.

Plat Certification. The face of the recorded plat or survey shall show the following statement: Streets in the subdivision are private in nature and shall not be maintained by the Virginia Department of Transportation or other public agency and the maintenance and improvement shall be the mutual obligation of the landowners in this subdivision abutting said roads that such private roads shall not be taken into the State Secondary System unless and until the abutting landowners shall have constructed and dedicated the private road in accordance with the Virginia Department of Transportation's subdivision street requirements in effect at the time of the request, and thereafter, the Essex County Board of Supervisors shall have recommended that said road be taken into the State Secondary System of highways.

(f)

Single Divisions.

(1)

New Public Streets. If streets are to be public streets dedicated and accepted in the State Secondary System, said streets shall be improved and constructed in conformance with alignment, approach angle, access, width, grading, paving, and other specifications for Subdivision Street Standards established by Virginia Department of Transportation in effect at the time the subdivision is approved. All streets shall also comply with Section 36.554(d)(2).

(2)

Existing Public Streets. In cases where subdivision lots are created on an existing State maintained road (public street) having a total width of less than 50 feet, a dedication of additional; right-of-way to Essex County shall be provided. If dedication of additional right-of-way is found to be needed shall require same, so that the street is not less than 25 feet in width on the subdivision side measuring from the centerline of said street.

(3)

New Private Street. In cases where a subdivision is created with a private road or street, such street or road shall have a minimum width of right-of-way for the proposed street or road of 50 feet and shall be extended from such lot to a public street. The street shall be constructed in accordance with the provisions in Section 36.554(e)(4). This private road or street will not be taken into the VDOT system, until such time as the road or street would be re-constructed to meet State specifications.

(4)

Existing Private Street. In cases where subdivision lots are created on an existing private street or right-of-way having a total width of 50 feet or less, a dedication of additional right-of-way to Essex County shall be provided. If dedication of additional right-of-way is needed, requirement shall be same so that the street is not less than 25 feet in width on the subdivision side measuring from centerline of said street. Subdivider or developer shall certify to the plat officer that said private street or right-of-way is dedicated for use to the property where subdivision will be created.

(a)

Plans and Specifications. Six (6) blue or black line prints of the plans and specifications for all required physical improvements to be installed shall be prepared by an engineer or surveyor. These plans shall be submitted to the Agent for approval or disapproval at least 60 days prior to submission of the Final Plat. If approved, one copy bearing certification of such approval shall be returned to the subdivider upon receipt from the Virginia Department of Transportation and Health Department. If disapproved, all papers shall be returned to the subdivider with the reason for disapproval in writing.

(b)

All improvements as required herein shall be installed within Subdivisions by the subdivider at their own expense. The Subdivider shall provide a bond as required in Division 4 of this Article and said bond shall not be released until construction in conformance with the requirement of this Ordinance, has been inspected and approved by the Agent, highway engineer and/or other regulatory agencies.

(c)

Flood Control and Drainage. The subdivider shall provide all necessary information needed to determine what improvements are necessary to properly develop the subject property. This information shall include contour intervals, drainage plans and flood control devices in accordance with Sections 36.701(b)(1)b.1.iii and 36.701(b)(1)c.3. of this Article and Virginia Department of Transportation specifications. The subdivider shall also provide plans for all such improvements together with an engineer's or surveyor's statement that such improvements when properly installed will be adequate for proper development. The highway engineer or Agent shall then approve or disapprove said plans. The subdivider shall also provide any additional information required by the resident highway engineer or Agent.

(d)

Easements. The Agent may require that easements for drainage and utilities through adjoining property be provided by the subdivider. Easements of not less than 16 feet in width shall be provided for water, sewer, power lines and other utilities in the subdivision when required by the Agent.

(1)

Whenever a subdivision is traversed by a natural drainageway through which water flows continuously or intermittently, there shall be provided an easement conforming substantially with the boundaries of such watercourse and such further width as may be necessary for drainage and utilities at this location.

(2)

Any requirement contained herein pertaining to drainage or utility casements are minimal. Hereafter all preliminary plats shall be submitted to both the Virginia Department of Transportation and the appropriate electric utility company for review and comment prior to approval of drainage and electrical easements. Where a specification proposed by either of the above mentioned agencies is more stringent than the above mentioned County specifications and is deemed by the Agent to be compatible with County objectives, the more stringent specifications shall prevail.

(e)

Public Water and/or Sewer.

(1)

Where public water is available, the service shall be extended to all lots within a subdivision. Every subdivision, condominium or cluster development containing any lots of less than 21,500 square feet shall be provided with either a public or centralized water system (Type A or Type B) as defined herein to serve each and every lot.

(2)

Where public sewerage facilities are available, the service shall be extended to all lots within a subdivision and septic tanks shall not be permitted. Every subdivision shall be provided by the subdivider with a satisfactory and sanitary means of sewage collection and disposal meeting the approval of the Agent.

(f)

Private Water and/or Sewer. Nothing in this regulation shall prevent the installation of privately owned water distribution systems or sewage collections and treatment facilities, provided that such installations meet all requirements of the State Water Control Board, the State Health Department, and any other State, Federal or local regulation having authority over such installation. The location and construction of distribution systems shall be subject to the approval of the County Health Officer.

(1)

Private Sanitary Sewer Systems.

a.

The Agent shall not approve the use of individual septic systems for any subdivision containing lots of less than 21,500 square feet.

b.

The Agent shall not approve the use of individual septic systems in any Subdivision unless it is determined beyond a reasonable doubt that the soils are suitable for such and shall receive in writing from the State Health Department a statement to the effect that the area contained in the subdivision is satisfactory for the installation of septic systems and that they will not create hazards to public health.

c.

On any lot or parcel of land divided for new construction and is not served by a sewerage treatment system requiring a Virginia Pollutant Discharge Elimination System (VPDES) permit shall provide a reserve sewerage disposal site with a capacity at least equal to that of the primary sewerage disposal site. This reserve sewerage disposal site requirement shall not apply to any lot or parcel recorded prior to October 1, 1989, and which lot or parcel is not sufficient in capacity to accommodate a reserve sewerage disposal site, as determined on the area of all sewerage disposal sites until the structure is served by public sewer or an on-site sewerage treatment system which operates under a permit issued by the State Water Control Board.

d.

Conditional septic disposal system permits which limit the use of the subject property to a specific portion of the year are hereby expressly prohibited.

e.

Off-Site/Remote Septic Systems.

1.

No more than 20 percent of the lots within any major subdivision shall be permitted to utilize a remote system.

2.

No more than one lot within any minor subdivision shall be allowed to utilize a remote system.

3.

Use of off-site soil-based septic systems (remote sewage disposal system) are permitted provided the following conditions are met:

a.

Primary and reserve drain fields are identified for properties within the Chesapeake Bay Preservation Areas.

b.

Such system meets the requirements of the State Health Department.

c.

All remote sites shall be deeded with the specified lot served, or granted easements in perpetuity appurtenant to the owner of such lot to the lot or parcel upon which the structure to be served is located for the installation, maintenance, and access to and repair of sewage disposal systems.

d.

Remote sewage systems must be placed on common ground or out parcels which will not be developed as buildable lots.

e.

An easement shall be shown on a plat of survey prepared by a certified land surveyor, be recorded among the land records of Essex County, and be permanently monumented in the field.

f.

Easements are required for conveyance lines of not less than 15 feet in width for all sewage conveyance lines extending from the lots served to the remote sites; and, such easement shall be shown on the plat.

g.

When multiple remote sewage disposal systems are located upon a common lot, the area for each drain field shall be at least 10 feet from all other drain fields and 10 feet from the property lines of the subject lot.

h.

When multiple conveyance lines are proposed to be installed in a single easement, such conveyance lines shall be installed at one time, shall be identified with magnetic tape or trace lines, shall be permanently marked and color coded at five-foot intervals for ease of identification and a copy of this color code shall be delivered to the Essex County Health Department and to the Zoning Administrator. All conveyance lines are to be installed at the time of development and no subdivision shall be approved until lines are installed or bond provided pursuant to Division 4 of this Article. No lots can be sold until conveyance lines are installed. Conveyance lines shall be installed to a minimum depth of 24 inches.

i.

Each subdivision utilizing remote sewage disposal sites shall include a note on the plat and in the deed that "all remote sites shall be properly maintained by the owner of the lot served by the remote site in order to protect the approved sewage disposal systems". Maintenance required hereunder shall include, at a minimum, mowing, removal of vegetation which could cause damage to the system, surface crowing and/or grading to promote drainage, and measures to protect against vehicular traffic.

(g)

Fire Protection. The installation of adequate fire hydrants in Subdivisions may be required at locations approved by the Board of Supervisors, provided necessary public or central water is available.

(a)

All private streets in major subdivisions shall be subject to the submission and approval by the Essex County Board of Supervisors of a legal instrument or instruments setting forth a plan or manner of permanent care and maintenance of such private street.

(b)

All subdivisions with dedicated open space for recreation, recreation area, and equipment, central water or central sewer or both central water and sewer, and other communally owned facilities shall be subject to the submission and approval by the Essex County Board of Supervisors of a legal instrument or instruments setting forth a plan or manner of permanent care and maintenance for such communally owned facilities.

(c)

No such instrument shall be acceptable unless and until approved by the County's attorney as to legal form and effect, and the Agent as to suitability for the proposed use of the communal land.

(d)

All communal property shall be deeded to an HOA. The developer shall file a declaration of covenants and restrictions that will govern the HOA with the application for tentative approval. Such covenants and restrictions shall include, but not necessarily be limited to, the following:

(1)

The HOA including by-laws, covenants and restrictions and articles of the association or corporation must be set up and legally constituted prior to the sale of any lot, dwelling unit or other structure located within the private street subdivision.

(2)

Such HOA must be effectual prior to the sale of 25 percent of said lots or dwelling units, on whichever assessments are based. The entire cost for maintenance of the open spaces, recreational areas, private streets, or other communally owned facilities shall be borne by the developer until such time as the HOA becomes effectual.

(3)

All covenants and restrictions must be for a substantial period of time with a minimum of 25 years and run with the land and must apply to all lots and dwelling units located within the subdivision.

(4)

The HOA must be responsible for liability insurance, local property taxes, and the maintenance of all streets, land, and communally owned facilities.

(5)

Homeowners must pay their pro-rata share of the cost of the above through assessment levied by the HOA which must become a lien on each homeowner's property. Every lot or landowner shall have the right to petition a court of competent jurisdiction to ensure adequate maintenance and upkeep of the HOA's responsibilities.

(6)

The HOA must be able to adjust assessments to meet changing needs.

(7)

The HOA must be organized as a nonprofit unincorporated association or nonprofit corporation, managed by either a trained professional or a Board of Directors elected by the voting member of the HOA. In accordance with the Code of Virginia, § 15.2-2256, the Board of Directors or other managing professional charged with collection of fees and the maintenance of common improvements shall provide an annual report to the lot owners of all fees collected and disposition of all funds.

(8)

Lots or dwelling units assessed by the HOA shall only be those indicated on the final plat approved by the Board of Supervisors.

(9)

It shall be mandatory for every lot or landowner to have membership in the HOA.

All improvements and facilities required by this article shall be installed by the subdivider at their cost and is not the responsibility of the locality, as outlined in the Code of Virginia, § 15.2-2268. No bond or other performance guarantee posted by the subdivider shall be released until construction has been completed, inspected and approved. Periodic partial release is allowed as outlined in the Code of Virginia, § 15.2-2245.

(a)

Upon completion of subdivision street, sewers and other improvements, the subdivider shall make certain that all monuments required by this Ordinance are clearly visible for inspection and use. Such monuments shall be inspected and approved by the highway engineer or Agent before any improvements are accepted by the Board of Supervisors.

(b)

As allowed by the Code of Virginia, § 15.2-2241(7), all lot and block corners shall be marked with solid steel or iron rods not less than five-eighths (5/8) inch in diameter and 30 inches long and driven so as to be flush with the finished grade. When rock is encountered, drill a hole four inches deep in the rock and cement a steel rod one-half (½) inch in diameter whose top shall be flush with the finished grade line. The replacement of any monuments removed or destroyed during the development of the subdivision shall be the responsibility of the subdivider.

(a)

Guarantees for Improvements Shown on Plat. Before any subdivision plat will be finally approved the subdivider shall, in lieu of construction, furnish a bond in an amount approved by the Agent to guarantee completion of the public and other site-related improvements in accordance with specifications and construction schedules established. The bond shall be payable to and held by the governing body. However, in accordance with Code of Virginia, § 15.2-2241(B), any certified check, cash escrow, bond, letter of credit or other performance guarantee furnished pursuant to this article shall only apply to, or include the cost of, any facility or improvement shown or described on the approved plat or plan of the project for which such guarantee is being furnished.

(b)

Guarantees for Dedicated Public Uses. In accordance with Code of Virginia, § 15.2-2241.1, provided the developer and the governing body have agreed on the delineation of sections within a proposed development, the developer shall be required to furnish a bond for construction of public facilities only when construction plans are submitted for the section in which such facilities are to be located.

(c)

Guarantees for Street Maintenance. In the event a street is constructed according to the Virginia Department of Transportation specifications established by the Virginia Department of Transportation for public use, and such street or road, due to factors other than its quality of construction, is not acceptable in the State Highway System, the subdivider or developer shall furnish Essex County with a maintenance and indemnifying bond, with surety satisfactory to the Essex County Board of Supervisors in an amount set by the Essex County Board of Supervisors sufficient for and conditional upon the maintenance of such street or road until such time as it is accepted into the State Highway System. In lieu of such bond, the subdivider or developer may furnish Essex County a bank or savings and loan association's Letter of Credit on certain designated funds satisfactory to the Essex County Board of Supervisors.

[The term] "maintenance of such road" shall be deemed to mean maintenance of the streets, curb, gutter, drainage facilities, utilities or other street improvements, including the correction of defects or damages and the removal of snow, water or debris, so as to keep such road reasonably open for public usage.

(d)

Other improvements requiring a guarantee include, but are not limited to:

(1)

Structures necessary to ensure stability of critical slopes, and for stormwater management facilities;

(2)

Erosion and sediment control measures required as a condition to grading, building, or other permits;

(3)

Any private streets to be constructed in a subdivision or other development;

(4)

Any privately-owned site-related improvements, including, but not limited to, fencing, landscaping, buffering, internal sidewalks, lighting, paving, private recreational facilities and pavement marking, required by this article but not completed prior to issuance of occupancy certificate.

Guarantee Type. The following guarantee options are available to the subdivider to provide to the county for acceptance by the Agent or County Attorney:

(1)

Performance Bond. A performance bond shall be executed by a surety company licensed to do business in the State of Virginia.

(2)

Letter of Credit. A letter of credit shall be executed by a bank licensed to do business in the State of Virginia.

(3)

Cash Escrow. The applicant shall provide to the County of Essex cash or cashier's check.

The guarantee shall be provided in the following amount:

(1)

Total estimated cost of construction based on unit prices, approved by the Board of Supervisors or designee;

(2)

Plus, an additional 10% of the total estimated cost of construction to cover administrative costs, inflation, and potential damage to existing roads or facilities, as permitted by the Code of Virginia, § 15.2-2241.

(a)

As outlined in the Code of Virginia, § 15.2-2245, The subdivider may apply for the periodic partial and final complete release of any bond required under this article.

(1)

Periodic Partial Release.

a.

Upon the completion of at least 30 percent of the improvements covered by a performance guarantee, the applicant may file a written request with the Agent for a partial release of such guarantee.

b.

The Agent may inspect the facilities for conformance with the terms and conditions of the approved plan and specifications for the facilities for which the guarantee is applicable. The Agent shall not refuse to make a periodic partial or final release of guarantee for any reason not directly related to the specified defects or deficiencies in construction of the facilities covered by such bond, escrow, letter of credit or other guarantee.

c.

The Agent shall act upon the written request for a partial release within 30 days of receipt.

d.

If no action is taken by the Agent within the 30-day time period, the request for partial release shall be approved, and a partial release shall be granted to the subdivider or developer.

e.

Up to 90 percent of the original amount of the performance guarantee may be released through periodic partial releases, based upon the percentage of public facilities completed and approved by the County or other agency having jurisdiction.

(2)

Final Release.

a.

Upon final completion of the facilities, the subdivider or developer may file a written request for final release of the guarantee.

b.

The Agent may inspect the facilities for conformance with the terms and conditions of the approved plan and specifications for the facilities for which the guarantee is applicable.

c.

The Agent shall either accept the facilities and release the remaining guarantee or notify the applicant that the facilities are not accepted and that there are specific defects or deficiencies in construction.

d.

If the Agent fails to act within the thirty-day time period, then the applicant may make an additional request in writing for final release, sent by certified mail to the County Administrator. The County Administrator shall act within 10 working days of the request. If no action is taken, the request shall be deemed approved and final release granted to the applicant.

(b)

For the purposes of this section, a certificate of partial or final completion of such facilities from either a duly licensed professional engineer or land surveyor, as defined in and limited to Code of Virginia, § 54.1-400, or from a department or agency designated by the County may be accepted without requiring further inspection of such facilities.

(c)

For the purposes of this section and as defined in the Code of Virginia, § 15.2-2245, the term "acceptance" means: when the public facility is accepted by and taken over for operation and maintenance by the state agency, local government department or agency, or other public authority which is responsible for maintaining and operating such public facility upon acceptance.

If guaranteed facilities are not timely completed in a manner acceptable to the County of Essex, the Agent may proceed via the provisions for default or allow an extension of time for the completion of facilities, not to exceed one year, provided that:

(1)

All surety consents have been acquired and approved by the County;

(2)

The owner has submitted an acceptable revised schedule for completion; and

(3)

Inspection of existing physical improvements is found to be satisfactory.

In the event of default in the construction of guaranteed facilities, the Agent is authorized to take such action as may be required to protect Essex County including, but not limited to:

(1)

Draw or make demand on the owner or developer's security;

(2)

Contract for the completion of the work, following the rules for public procurement; and

(3)

Bring an action at law against the owner, developer, financial institution, or surety.

Whenever any subdivision of land is proposed, and before any permit for the erection of a structure shall be granted, the subdivider or their representative shall apply in writing to the Agent for the approval of the subdivision plat. No lot shall be sold until a final plat for the subdivision shall have been approved and recorded in the manner provided in this article.

If applicable as determined by the Plat officer, every subdivision shall be given a name which shall not duplicate or closely approximate that of any other subdivision existing or planned.

No change or erasure or revision shall be made on any plat, nor on accompanying data sheets after approval of the Agent has been endorsed in writing on the plat or sheets, unless authorization for such changes has been granted in writing by the Agent.

Where the land covered by a subdivision includes two or more parcels in separate ownership, and lot arrangement is such that a property ownership line divides one or more lots, the land in each lot so divided shall be transferred by deed to single ownership, simultaneous with the recording of the plat. Said deed is to be deposited with the Agent and held with the plat until the subdivider is ready to record same, and they both shall then be recorded together.

Prior to submission of a final plat within the jurisdiction of the County of Essex, the Subdivider may have a preliminary conference and provide a sketch plan as outlined in Section 36.701 below.

(a)

Preliminary Phase.

(1)

All proposed major subdivisions involving more than 50 lots must submit a preliminary plat for approval. When a preliminary plat is not required, such plat may be submitted voluntarily by the subdivider.

(2)

Prior to the submission of a preliminary plat within the jurisdiction of the County of Essex, the Subdivider shall make known their intentions to the Agent. During this preliminary phase, the following actions shall be taken:

a.

Application. The Subdivider or their representative shall file an application to subdivide with the Agent. The application shall establish the Subdivider's intention as to subdivision.

b.

Preliminary Conference.

1.

The Subdivider, or their representative shall meet informally with the Agent for the purpose of presenting a general sketch plan of their proposal, including, but not limited to:

i.

Existing physical features such as natural drainageways, swamps, and wooded areas.

ii.

Existing easements and covenants affecting the property.

iii.

Surrounding land uses, streets and existing buildings.

iv.

Sketch plans and a written description regarding future land use, street and lot arrangement, number of lots, and tentative lot sizes; preliminary proposals regarding water supply, sewage disposal, surface drainage, street improvement and land to be dedicated for public streets and other public uses.

v.

Evidence of consultation with, and tentative approval of, public utility companies concerned.

vi.

A map drawn from the Essex County Soil Survey showing the location of various soil types underlying the property, color coded as to their limitations on septic tank absorption fields, to a scale not smaller than one inch = 1,320 feet.

2.

The Agent shall discuss the proposed subdivision with the Subdivider and advise him of procedural steps, design and improvement standards and general plat requirements. The Agent shall then proceed with the following investigations:

i.

Advise the Subdivider of existing County plans which might affect the proposed subdivision.

ii.

Check the existing zoning of the tract and make recommendations if a zoning change is necessary or desirable.

iii.

Inspect the site or otherwise determine its relationship to existing and proposed streets, utility systems and adjacent land uses and determine any known problems.

iv.

Upon completion of investigations described above, the Agent shall advise the Subdivider in writing of any necessary changes in their sketch plan.

(b)

Preliminary Plat.

(1)

Filing of the Preliminary Plat. Its purpose is to show graphically all facts needed to enable the Agent and other public bodies to determine whether the proposed layout of the land in question is satisfactory from the standpoint of the public interest. The submission shall include the following:

a.

Application for Approval. Written application by the owner of their Agent for subdivision plat approval, on forms furnished by the Agent.

b.

The Plat. The preliminary plat shall be prepared by a qualified professional, trained and experienced in the layout of subdivisions. Engineering drawings shall be stamped with the seal of an engineer or surveyor certified in the State of Virginia. Five copies and one digital copy of the preliminary plat shall be submitted to the Board of Supervisors through the Agent. These may be blueline or blackline prints at a scale of not more than 100 feet to the inch. Said plat shall be drawn on sheets twenty-four by thirty-six inches (24" x 36") (preferred) or thirty by forty-two inches (30" x 42") (maximum). The plat shall contain the following information:

1.

Survey Data.

i.

Date, scale, true north point and number of sheets. If shown on more than one sheet, matched lines shall clearly indicate where the several sheets join. Each sheet shall be consecutively numbered (e.g., 1 of 5 etc.)

ii.

A boundary survey with a field error of closure within the limit of one in two thousand five hundred (1' in 2,500') and bearings relating to either true north or magnetic north. The location of all monuments and their type of materials should also be shown. The survey may be related to the U.S. Geological Survey state grid north if the coordinate of two adjacent corners of the subdivision are shown. Dimensions shall be expressed in feet and decimals of a foot.

iii.

If a subdivision borders a lake, the name shall be noted and bearings of the ordinary high water mark of such lake must be established. If an active watercourse, including a periodic stream, lies adjacent to or traverses the property, its name shall be noted and it shall be necessary for the registered engineer to submit cross-sections, drainage, easements, building setback lines and supporting calculations based upon 100-year flood, as shown by Federal Flood Insurance Program. All elevations shall be referred to the County of Essex datum plane.

iv.

Existing and proposed grades entailing contours at vertical intervals of not more than two feet. In cases where the land has less than 3 percent slope, spot elevation shall be required.

2.

Persons Responsible. The name and address of owners(s), the Subdivider, and the surveyor responsible for surveys.

3.

Name and Location.

i.

A vicinity or location map to the scale of not less than 1,320 feet to the inch and show the subdivision name and location. It shall also show the relationship of the proposed subdivision to the existing community facilities which serve or influence it, including main traffic arteries, school(s), parks and playgrounds.

ii.

The proposed subdivision name (must be same as that specified in the application).

iii.

Location of the subdivision by Magisterial district, Assessor's Parcel Number(s), County and State.

iv.

When the subdivision consists of land acquired from more than one source of title, the outlines of the various tracts shall be identified and the names of the owners of the respective tracts shall be placed on the plat.

v.

Location and names of abutting subdivisions and owners of adjoining parcels of unsubdivided land.

4.

Lots and Blocks.

i.

The boundary lines of all existing and proposed blocks and lots located within the subdivision, except that when the lines in any tier of lots are parallel, it shall be sufficient to make bearings of the outer lines on the tier thereof.

ii.

Easements shall be shown by centerline and width when lines are parallel to a boundary, otherwise boundary bearings and distances shall be shown. Where the exterior boundary lines show bearings or lengths which vary from those recorded in abutting plats or certified surveys there shall be the following note placed along such lines, "recorded as (show recorded bearing or length or both)".

iii.

Dimensions shall be shown along all boundaries of all lots under one acre in size. All lots over one acre in size shall also have the acreage marked within the lot.

iv.

All lots in each block shall be consecutively numbered.

v.

All blocks shall be consecutively lettered in alphabetical order. The blocks in numbered additions to subdivisions bearing the same name shall be lettered consecutively through the several additions.

vi.

A graphic presentation showing the minimum building setback lines on all lots and parcels and a notation of the distance between such lines and the street right-of-way.

5.

Adjacent Streets and Utilities.

i.

The names of adjoining streets, state highways and subdivisions shown in their proper location.

ii.

Abutting street lines of adjoining subdivisions, shown in their correct locations.

iii.

Location, width, and names of all existing, proposed utility right-of-way, parks, cemeteries, permanent buildings and bridges located within 300 feet of the subdivision, and other pertinent data as determined by the Agent.

iv.

Existing sewers, water mains, culverts, and other underground structures within the tract or immediately adjacent thereto. The location and size of the nearest public or semi-publicly owned water main and sanitary and storm sewers are to be indicated in a general way upon the preliminary plat.

6.

Dedicated Areas. Location and area of all property proposed to be dedicated or reserved for public use or to be reserved by deed covenant for use of all property owners in the subdivision with the conditions, if any, of such dedication or reservation.

7.

Location of any mapped dam break inundation zones and any grave, object, or structure marking a place of burial.

8.

Approved Space. A blank oblong space [three inches by six inches] (3" x 6") shall be reserved for the use of the approving authorities.

9.

Zoning on and within 300 feet of the subdivision.

c.

Additional Engineering Plans. These plans will be prepared by a certified engineer or surveyor after conditional approval is given by the Agent of the preliminary plat. One digital copy and five blue or black line prints of engineering plans shall be submitted to the Agent. They shall be reviewed by the Agent and the VDOT Resident Engineer, and may be reviewed by other interested parties. The engineering plans shall include, as a minimum, the complete design of roadways, drainage structures and support calculations, and a plan to control soil erosion and sedimentation. The plan shall contain the following:

1.

Layout, profile, centerlines, width, grades and proposed names of all new streets and rights-of-way including alleys and highways.

2.

Radii of all curves, length of tangents, and central angles on all streets.

3.

Proposed utility layouts, profiles, pipe sizes (water, sewers, storm drains), and ditch sections, including connections to any existing or proposed utility system and easements.

(2)

Review.

a.

In addition to the below, the Board of Supervisors and Agent will act accordingly with regards to timeframes of resubmittals and other agency reviews, as outlined in Code of Virginia, § 15.2-2259.

b.

Upon receipt of all necessary data, recommendations and applications, a preliminary plat shall be reviewed by the Agent to determine its conformity to this Ordinance, the Comprehensive Plan, and all other ordinances and regulations in force which affect subdivisions.

c.

The Agent shall transmit copies of the preliminary plat, or appropriate portions thereof, to the County Administrator, Resident Engineer, appropriate utility companies, the State Air Pollution Control Board, Soil Conservation Agent, and other pertinent County and State Officials and agencies as deemed necessary by the Agent for recommendations. These recommendations in respect thereto shall be submitted to the Agent not later than 10 days before the Planning Commission meeting at which the preliminary plat will be reviewed.

d.

The Agent shall transmit copies of the preliminary plat for any major subdivision to the Planning Commission and Board of Supervisors for review and approval.

e.

The Agent shall, within 60 days of receipt of a completed application for the approval of a preliminary plat, approve or disapprove the plat, or approve it with modifications, noting thereon any changes that will be required. If agreed to by the Subdivider, the time may be extended for no more than 30 days after which one copy shall be returned to the Subdivider with the date of the approval or disapproval, and the reason therefor in letter form, accompanying the plat.

f.

Approval of a preliminary plat shall not constitute approval of the final plat. It shall be deemed as an expression of approval of the layout submitted on the preliminary plat as a guide to the preparation of the final plat.

g.

As dictated by Code of Virginia, § 15.2-2260(F), An approved preliminary subdivision plat shall be valid for a period of five years, provided the subdivider: (i) submits a final plat for all or a portion of the property within three years of such approval, and (ii) thereafter diligently pursues approval of the final plat which shall include that the subdivider has incurred extensive obligations or substantial expenses relating to the submitted final plat or modifications thereto.

h.

Once an approved final plat for all or a portion of the property is recorded, the underlying preliminary plat shall remain valid for a period of five years from the date of the latest recorded final plat of subdivision for the property.

The following requirements shall be adhered to in preparing plats for a single, family, and minor lot subdivisions:

(1)

Blue line or black line prints at a preferred scale of not more than 200 feet to the inch. The Agent can exercise discretion in approving other scales if circumstances justify an adjustment.

(2)

The plat shall be prepared by a qualified professional with certificates or seals signed by the engineer or surveyor certifying the plat.

(3)

The date, scale and true north point shall be shown on the plat.

(4)

A boundary survey with a field error of closure within the limit of one in ten thousand (1 in 10,000) and bearings relating to either true north or magnetic north. The location to all monuments and their type of material should also be shown. Dimensions shall be expressed in feet and decimals of a foot.

(5)

Location of the subdivision by Magisterial District, Assessor's Parcel Number(s), County and State.

(6)

Location of any mapped dam break inundation zones and any grave, object, or structure marking a place of burial.

(7)

The boundary lines of all existing and proposed blocks and lots located within the subdivision, except that when the lines in any tier of lots are parallel, it shall be sufficient to make bearings of the outer lines on one tier thereof.

(8)

Easements shall be shown by centerline and width when lines are parallel to a boundary, otherwise boundary bearings and distances shall be shown. Where the exterior boundary lines show bearings or length which vary from those recorded in abutting plats or certified surveys, there shall be the following note placed along such lines, "recorded as (show recorded bearing or length or both)."

(9)

Dimensions shall be shown along all boundaries of all lots and the acreage marked within the lots.

(10)

Lots shall be numbered.

(11)

The names of adjoining streets, state highways and subdivisions shown in their proper location.

(12)

Approved Space. A blank oblong space [three inches by four inches] (3" x 4") shall be reserved for the use of approving authorities.

(13)

Delineation of RPA boundary, required buffer areas, RMA wetlands, and RMA boundary.

(14)

Notations shall be added to the plat as follows:

a.

No land disturbance or vegetation removal is allowed in the Chesapeake Bay buffer area without review and approval by the Zoning Administrator;

b.

On-site septic systems must be pumped out every five years, or a certification must be submitted by a sewage handler permitted by the Virginia Department of Health that the septic system has been inspected, is functioning properly, and the tank does not need to have the solids pumped out;

c.

100% reserve drainfield is required for on-site sewage treatment systems; and

d.

Only water-dependent facilities or redevelopment is allowed in Resource Protection Areas, including the 100-foot wide buffer area.

(a)

Review. Prior to recordation, all plats of a single, family, or minor subdivision shall be reviewed by the Agent. The Agent shall examine the proposed plat with the subdivider and shall determine the following:

(1)

Conformity to this Ordinance, the Comprehensive Plan, and all other ordinances and regulations in force which affect divisions. Parameters to check include, but are not limited to:

a.

Check the proposed lot for size, shape, configuration.

b.

Check the existing or proposed right-of-way for compliance with this ordinance.

c.

Verification of number of lots divided from tract.

(2)

The plat is sufficient to accomplish a proper development and to provide adequately, for the health, safety, and convenience of the proposed residents therein and for adequate access, including, but not limited to:

a.

Existing physical features such as natural drainageways, swamps, and wooded areas.

b.

Existing easements and covenants affecting the property.

c.

Surrounding land uses, streets and existing buildings.

(b)

Action by the Agent. Upon receipt the Agent shall examine the final plat and all necessary certificates to determine conformance to Section 36.710 and shall within 30 days of its submission, unless the time is extended by the Agent in agreement with the Subdivider, either approve or disapprove said final plat. After the Agent reviews the final plat, such review and the date thereof shall be noted on the plat.

(a)

The plat shall not be approved until the subdivider has complied with the general requirements and minimum standards of design in accordance with this Ordinance, and has made satisfactory arrangements, as hereinbefore provided, to cover the cost of necessary improvements. Approval of final plat shall be written by the Board of Supervisors or Agent on the face thereof.

(b)

Final Plat. During the final plat stage, the following actions shall be taken:

(1)

Filing of Final Plat. The Subdivider shall file with the Agent the final plat which shall conform to the requirements of this Article.

a.

Final Plat May Constitute All or a Portion of the Approved Preliminary Plat. A final plat may constitute only a portion of the area contained in the approved preliminary plat provided that the public improvements constructed in the area covered by the plat are sufficient by and of themselves to accomplish a proper development and to provide adequately for the health, safety, and convenience of the proposed residents therein and for adequate access to contiguous areas.

b.

The Plat. The subdivider shall submit to the Agent 12 prints and one digital drawing drawn with waterproof non-fading black ink, at a scale of not more than 100 feet to the inch for subdivision containing lots any of which are less than five acres or 200 feet to the inch for subdivision containing lots which are more than five acres. Sheets shall be sixteen by twenty-four inches (16" x 24"), including a margin of one-half inch (½") outside ruled border lines at top, bottom and right sides, and one and one-half inch (1½") for binding on the left sixteen-inch (16") end. Each sheet shall bear the name of the subdivision. Each plat shall, as required by the Code of Virginia, § 15.2-2241, meet the standards for plats under Code of Virginia, § 42.1-82 of the Virginia Public Records Act and show correctly on its face sufficient engineering data to reproduce any line on the ground, as well as the following:

1.

Name, date of approval, and file number of the preliminary plat upon which the final plat is based.

2.

All information required by Section 36.701(b) of this Article.

3.

All land to be dedicated to public use, except roads and streets, shall be clearly marked "Dedicated to the Public".

4.

The accurate location and dimensions by bearings and distances with all curve data on all lots and street lines and centerlines of streets. All dimensions shown in feet and decimals of a foot to the closest one-hundredth [(1/100)] of a foot, all bearings, in degrees, minutes and seconds to the nearest ten seconds. The boundary survey shall show in a field error of closure within the limit of one in ten thousand (1' in 10,000') and bearings related to either true or magnetic north. The data of all curves along the street frontage shall be shown in detail at the curve or in a curve data table containing the following: delta, radius, are length, tangent length, chord length, and chord bearings.

5.

One (1) reproducible copy and 6 blue or black line prints of final engineering plans for streets and utilities.

6.

A statement to the effect that the subdivision as it appears in this plat is with the free consent and in accordance with the desires of the owners, proprietors and trustees, which shall be signed by the owners, proprietors and trustees, if any, and shall be duly acknowledged before some officer authorized to take acknowledgments of deeds.

7.

Certificates signed by the engineer or surveyor setting forth the source of title of the owners of the land subdivided and the place of record of the last instrument in the chain of title.

8.

Delineation of RPA boundary, required buffer areas, RMA wetlands, and RMA boundary.

9.

Notations shall be added to the plat as follows:

i.

No land disturbance or vegetation removal is allowed in the Chesapeake Bay buffer area without review and approval by the Zoning Administrator;

ii.

On-site septic systems must be pumped out every five years, or a certification must be submitted by a sewage handler permitted by the Virginia Department of Health that the septic system has been inspected, is functioning properly, and the tank does not need to have the solids pumped out;

iii.

100% reserve drain field is required for on-site sewage treatment systems; and

iv.

Only water dependent facilities or redevelopment is allowed in Resource Protection Areas, including the 100-foot wide buffer area.

(2)

Action by the Agent.

a.

The Agent shall transmit copies of the plat, or appropriate portions thereof, to the County Administrator, Resident Engineer, appropriate utility companies, the State Air Pollution Control Board, Soil Conservation Agent, and other pertinent County and State Officials and agencies as deemed necessary by the Agent for recommendations. These recommendations in respect thereto shall be submitted to the Agent not later than 10 days before the Planning Commission meeting at which the plat will be reviewed.

b.

The Agent shall transmit copies of the final plat for any major subdivision to the Planning Commission and Board of Supervisors for review and approval.

1.

The Planning Commission and Board of Supervisors shall ensure that the plat is in conformance with any approved preliminary plat, and all requirements of this ordinance and other ordinances of the County are met.

2.

The Board of Supervisors shall communicate the result of its review of the Final Plat to the Applicant no later than 60 days after the plat submittal.

i.

Specific reasons for disapproval shall be contained either in a separate document or on the plat itself. The reasons for disapproval shall identify deficiencies in the plat that cause the disapproval by reference to specific duly adopted ordinances, regulations, or policies and shall identify modifications or corrections as will permit approval of the plat.

ii.

If the review is favorable, the Board of Supervisors shall authorize the chairperson or agent to approve, sign, and date the final plat.

(a)

As required by the Code of Virginia, § 15.2-2254, any owner or developer of any tract of land situated within the County who subdivides the same shall cause a plat of subdivision to be made and recorded in the office of the clerk of the appropriate court. No such plat of subdivision shall be recorded unless and until it shall have been submitted, approved and certified by the Agent in accordance with the regulations set forth in this article.

(b)

As directed by the Code of Virginia, § 15.2-2241(8), after the Agent has approved the final plat, the subdivider shall file such plat for recordation in the clerk's office of the circuit court of the County within 6 months after approval thereof; otherwise, such approval shall become null and void. However, in any case where construction of facilities to be dedicated for public use has commenced pursuant to an approved plan or permit with surety approved by the Board of Supervisors or Agent, or where the developer has furnished surety to the Board of Supervisors or Agent by certified check, cash escrow, bond, or letter of credit in the amount of the estimated cost of construction of such facilities, the time for plat recordation shall be extended to one year after final approval or to the time limit specified in the approved surety agreement, whichever is greater.

(c)

To entitle a final plat to be entered in the proper books in the Office of the Clerk of Circuit Court of Essex County the certificate of consent as outlined in the Code of Virginia, § 15.2-2264, together with the certificates of approval of the Agent, shall accompany it. These certificates shall be lettered or printed legibly on the face of the final plat. After the final plat shall have been approved by the Agent, the Clerk of Circuit Court shall sign the plat and cause a certified copy of the resolution approving such plat to be attached to the plat and returned to the Subdivider.

(d)

A recorded plat or final site plan shall be valid for a period of not less than five years from the date of approval, as required by the Code of Virginia, § 15.2-2261.

(e)

If the provisions of a recorded plat or final site plan, which was specifically determined by the Board of Supervisors and not its Agent, to be in accordance with the zoning conditions previously approved pursuant to the Code of Virginia, §§ 15.2-2296—15.2-2303, conflict with any underlying zoning conditions of such previous rezoning approval, the provisions of the recorded plat or final site plan shall control, and the zoning amendment notice requirements of the Code of Virginia, § 15.2-2204 shall be deemed to have been satisfied.

(f)

Recordation of plats shall act as transfer of streets, termination of easements and rights-of-way as outlined in the Code of Virginia, § 15.2-2265.

Where the Board of Zoning Appeals finds that extraordinary hardships or particular difficulties may result from strict compliance with these regulations, they may approve variations or exceptions to the regulations, provided that such variations or exceptions shall not have the effect of nullifying the intent and purpose of this Ordinance; and further provided the Board shall not approve variations or exceptions to the regulations of this Ordinance unless it shall make findings based upon the evidence presented to it and in compliance with the Code of Virginia, § 15.2-2309.

(a)

The Code of Virginia, § 15.2-2278 sets forth that any plat of subdivision recorded in any clerk's office, may be vacated as outlined in the sections below, taken from the Code of Virginia, § 15.2-2270 et seq. The effects of such vacations are outlined in the Code of Virginia, § 15.2-2274.

(b)

Boundary Lines. As allowed by the Code of Virginia, § 15.2-2275, the Agent may approve, the boundary lines of any lot or parcel of land to be vacated, relocated or otherwise altered as a part of an otherwise valid and properly recorded plat of subdivision or resubdivision approved as provided in this article or properly recorded prior to the applicability of this article, and executed by the owner or owners of the land. The action shall not involve the relocation or alteration of streets, alleys, easements for public passage, or other public areas. No easements or utility rights-of-way shall be relocated or altered without the express consent of all persons holding any interest therein.

(c)

Interest to the County. Any interest in streets, alleys, easements for public rights of passage, easements for drainage, and easements for a public utility granted to the County as a condition of the approval of a site plan may be vacated by the Board of Supervisors according to the two methods listed in the Code of Virginia, § 15.2-2270.

(d)

Before Sale of Lot.

(1)

Single or Minor Subdivision.

a.

An approved and recorded plat of subdivision, or part thereof, may be vacated prior to the sale of any lot therein by the Agent utilizing the procedures set forth in the Code of Virginia, § 15.2-2271 and subsequent amendments thereto.

(2)

Major Subdivision.

a.

An approved and recorded plat of subdivision, or part thereof, may be vacated prior to the sale of any lot therein by the Board of Supervisors utilizing the procedures set forth in the Code of Virginia, § 15.2-2271 and subsequent amendments thereto.

(e)

After Sale of Lot.

(1)

Single or Minor Subdivision. An approved and recorded plat of subdivision, or part thereof, may be vacated after the sale of any lot by the Agent utilizing one of the two methods specified in the Code of Virginia, § 15.2-2272 and subsequent amendments thereto.

(2)

Major Subdivision. An approved and recorded plat of subdivision, or part thereof, may be vacated after the sale of any lot by the Board of Supervisors utilizing one of the two methods specified in the Code of Virginia, § 15.2-2272 and subsequent amendments thereto.

(f)

Fees. As allowed by the Code of Virginia, § 15.2-2273, the County shall establish a fee for processing an application for vacation of plat. The filing fee shall be paid in accordance with the fee schedule established by the Board of Supervisors, as amended.

(g)

Duties of the Clerk. According to the Code of Virginia, § 15.2-2276, the clerk in whose office any plat so vacated has been recorded shall write in plain legible letters across such plat, or the part thereof so vacated, the word "vacated," and also make a reference on the plat to the volume and page in which the instrument of vacation is recorded.

As provided in the Code of Virginia, § 15.2-2254, the following applies:

(1)

No person shall subdivide land without making and recording a plat of the subdivision and without fully complying with the provisions of state code and this article.

(2)

No plat of any subdivision shall be recorded unless and until it has been submitted to and approved by the local Planning Commission or by the governing body or its duly authorized Agent, of the locality wherein the land to be subdivided is located; or by the commissions, governing bodies or agents, as the case may be, of each locality having a subdivision ordinance, in which any part of the land lies.

(3)

No person shall sell or transfer any land of a subdivision before a plat has been duly approved and recorded as provided herein, unless the subdivision was lawfully created prior to the adoption of a subdivision ordinance applicable thereto. However, 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.

(4)

No clerk of any court shall file or record a plat of a subdivision required by this article to be recorded until the plat has been approved as required herein. The penalties provided by Code of Virginia, § 17.1-223 shall apply to any failure to comply with the provisions of this subsection.

(5)

No building permit shall be issued nor shall construction be authorized by the County on lands where a subdivision plat is required to be approved and recorded as provided in this article and no certificate of occupancy shall be issued until the compliance with this article and other applicable provisions regarding the use of any structure or land where a subdivision plat is required to be approved and recorded as provided in this article has been approved by the Agent and recorded in the office of the Clerk of the Circuit Court.

As allowed by the Code of Virginia, § 15.2-2254, any person violating any provision of this chapter shall be subject to a fine of not more than five hundred dollars ($500.00) for each lot or parcel of land subdivided, transferred or sold in violation of this chapter and the description of such lot or parcel by metes and bounds in the instrument of transfer or other document used in the process of selling or transferring shall not exempt the transaction from such penalties or from the remedies herein provided.

There shall be a charge to compensate the County for the costs incurred during the examination and approval or disapproval of every subdivision plat or lot required to be reviewed by the Agent or Board of Supervisors. This fee shall be payable to "Treasurer, Essex County," in such amount as set by schedule adopted ordinance of the Essex County Board of Supervisors.