This article shall be known and may be cited as the "King William County Subdivision Ordinance" or "Subdivision Ordinance."

(Ord. No. 09-21R2, Att. A, 9-27-2021)

The general purpose of this article is to ensure the orderly subdivision and development of land in the county in furtherance of the goals and objectives of the comprehensive plan of the county, as provided in Code of Virginia, § 15.2-2240. More specifically, it is intended to:

(1)

Protect public interests in subdivisions by ensuring permanence of development; making possible the safe, adequate and efficient provision of services to subdivision residents; preventing blight; protecting the tax base; and providing the county with clear and accurate descriptions and records of subdivided land for assessment purposes;

(2)

Guide and protect the investments of lot purchasers, home buyers and their mortgage lenders by providing standards for development, a graphic picture of the ultimate character of a subdivision, and accurate boundary lines; and

(3)

Protect the interest of subdividers by prohibiting improperly located subdivisions and discouraging competition from poorly designed or developed subdivisions.

(Ord. No. 09-21R2, Att. A, 9-27-2021)

State Law reference— Declaration of legislative intent as to subdivision ordinances. Code of Virginia, § 15.2-2200.

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 zoning administrator and in the clerk's office of the circuit court.

(Ord. No. 09-21R2, Att. A, 9-27-2021)

Should a court rule any article, section, or portion thereof of this article to be invalid or unconstitutional, such a ruling shall not be construed to invalidate the subdivision ordinance as a whole, nor shall such a ruling render inoperative any other portion than that specifically ruled invalid or unconstitutional.

(Ord. No. 09-21R2, Att. A, 9-27-2021)

(a)

Should any commonwealth or federal ordinance, provision, or regulation conflict with this article or portion thereof, the language of whichever is more restrictive shall be controlling to the extent necessary to resolve the conflict.

(b)

Should any provision of this article conflict with another provision therein, the language contained in the more restrictive provision shall be controlling.

(c)

As stated in the Code of Virginia, § 15.2-2261.1, if the provisions of a recorded plat or final site plan, which was specifically determined by the board of supervisors, to be in accordance with the zoning conditions previously approved conflict with underlying zoning conditions of the previous rezoning then the provisions of the recorded plat or final site plan shall control and the zoning amendment shall be deemed satisfied.

(Ord. No. 09-21R2, Att. A, 9-27-2021)

This article shall apply to the unincorporated area of the county in the manner prescribed by law. In interpreting and applying the provisions of this article, they shall be held to be the minimum requirements for the promotion of the public safety, health, convenience, comfort, prosperity or general welfare.

(Ord. No. 09-21R2, Att. A, 9-27-2021)

As provided in Code of Virginia, § 15.2-2255, the agent, to whom responsibility for administration and enforcement of this article is delegated, shall be designated by resolution of the board of supervisors.

(Ord. No. 09-21R2, Att. A, 9-27-2021)

(a)

The agent shall have the following duties:

(1)

To review and approve or disapprove plats and plans for family land divisions, single-lot subdivisions, farmstead subdivisions, minor subdivisions and cluster subdivisions per Code of Virginia, § 15.2-2286.1.c;

(2)

To conduct informal conferences with subdividers as provided in this article;

(3)

To assist the planning commission with evaluation of preliminary plats and plans for major subdivisions;

(4)

To review and approve or disapprove final plats and plans for major subdivisions after consideration of recommendations made by the commission during review of preliminary plats and plans;

(5)

To have all final plats required pursuant to this chapter, recorded in the clerk of court's office at the subdivider's cost within ten days of the agent's signature of the final plat;

(6)

To inspect the installation of facilities and improvements in subdivisions;

(7)

To take such actions as are necessary, proper and legally permissible to prevent, terminate, remove or correct violations of this article;

(8)

To recommend to the planning commission and the board of supervisors, as needed, amendments to this article.

(b)

The commission shall have the following duties:

(1)

To review and approve or disapprove preliminary plats and plans for major subdivisions and to recommend changes to be incorporated in the final plats and plans thereof in order to ensure compliance with the standards and requirements of this article;

(2)

To prepare and recommend amendments to the subdivision ordinance.

(c)

The board of zoning appeals shall consider applications for variations in or exceptions to the requirements of this article as hereinafter provided. Approval of a variation or exception by the board of zoning appeals shall be limited to cases of unusual situations or when strict adherence to the general regulations would result in substantial injustice or hardship.

(Ord. No. 09-21R2, Att. A, 9-27-2021)

State Law reference— Variations, exceptions, Code of Virginia, § 15.2-2242(1); delegation of duties to planning commission, Code of Virginia, § 15.2-2255.

In accordance with Code of Virginia, §§ 15.2-2251 and 15.2-2253, the planning commission shall prepare and recommend, on its own initiative or by request, the subdivision ordinance and its amendments to the governing body of the locality. The notice, publication and public hearing shall all be conducted in accord 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.

(Ord. No. 09-21R2, Att. A, 9-27-2021)

In the performance of their duties, the agent and the planning commission may call for advice, opinions or decisions from highway engineers, health department officials and other county officials when evaluating subdivision plats and plans.

(Ord. No. 09-21R2, Att. A, 9-27-2021)

State Law reference— State transportation engineers, Code of Virginia, § 33.1-8.

(a)

Subdivision of land and installation or construction of required improvements shall be accomplished only in strict accordance with plats and plans approved by the agent. Any deviation from approved plats and plans shall be approved in writing in advance by the agent.

(b)

The agent shall periodically inspect every subdivision during development and may employ any legally permissible means to ensure that the subdivision is developed in accordance with the approved plat and the provisions of this article.

(Ord. No. 09-21R2, Att. A, 9-27-2021)

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 state code and this chapter.

(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)

The violation of any provision of this article shall be punished by a fine of not more than $500.00 for each lot or parcel of land subdivided or transferred or sold in violation thereof; 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. The county may, notwithstanding the imposition of any fine in accordance with this section, seek equitable relief to enjoin any violation of this article, in any court of competent jurisdiction.

(5)

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.

(6)

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.

(Ord. No. 09-21R2, Att. A, 9-27-2021)

State Law reference— Enforcement of subdivision ordinance, Code of Virginia, § 15.2-2241(9); persons subdividing land to comply with subdivision ordinance, Code of Virginia, § 15.2-2254.

The county and the subdivider share a mutual responsibility to divide land to improve the general use pattern of the land being subdivided.

(Ord. No. 09-21R2, Att. A, 9-27-2021)

(a)

No subdivision shall be approved if adequate investigations by trained personnel determine that, due to soil, water table, topographic, light, air or other natural conditions, the site of the proposed subdivision is unsuitable for platting and development in the manner proposed.

(b)

Wetlands, as defined in the state wetlands zoning act, or any land subject to periodic flooding or dam break inundation zones shall not be subdivided in such a way as to provide sites for residential occupancy nor for any other use which might involve danger to health, life or property, or aggravate the flood hazard. Any such land within the proposed subdivision, whether it be within a lot or reserved for common use of subdivision occupants, shall be restricted against buildings or otherwise reserved for uses which will not be endangered by periodic or occasional inundation. To ensure sufficient buildable land which is flood-free, the agent may require the subdivider to provide elevation and flood profiles sufficient to demonstrate the land to be completely free of the danger of floodwaters.

(c)

A plat for the subdivision of land with poor drainage, excessive slope or other adverse physical or soil conditions will be considered for approval only if the subdivider shall agree in writing to make whatever improvements are necessary, in the judgment of the agent, to render the land safe and otherwise acceptable for development.

(Ord. No. 09-21R2, Att. A, 9-27-2021)

State Law reference— Wetlands zoning ordinance authorized, Code of Virginia, § 28.2-1302.

All improvements and facilities required by this article shall be installed by the subdivider at his 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.

(Ord. No. 09-21R2, Att. A, 9-27-2021)

As authorized by the Code of Virginia, § 15.2-2241(9), there shall be a charge for examination and processing of plats and inspection of subdivision improvements. The fees for which are listed in the King William County Fee Schedule and maintained in the office of the zoning administrator. No plat or application shall be deemed complete, reviewed or processed until the applicable fee established by the board has been paid by the subdivider.

(Ord. No. 09-21R2, Att. A, 9-27-2021)

In case of uncertainties or irregularities with reference to property lines, street or road right-of-way boundaries, easements or other features which may affect the preparation of a plat, the agent and subdivider shall apply the provisions of this article to the extent practicable, utilizing the best information available.

(Ord. No. 09-21R2, Att. A, 9-27-2021)

Any subdivision, as defined herein, which was lawfully recorded in the office of the clerk of the circuit court of the county in the form of a plat of subdivision and/or deed prior to the effective date of this article shall be deemed to meet the requirements of this article. Any further division or resubdivision in any such subdivision after the effective date of this article shall, however, comply with all applicable provisions of this article.

(Ord. No. 09-21R2, Att. A, 9-27-2021)

(a)

Any subdivision, as defined herein, shall be exempt from the requirements of this article if all the following are met:

(1)

Every lot of the subdivision is 25 acres or greater in area,

(2)

The subdivision is in an area zoned agricultural/conservation,

(3)

Every lot abuts an existing primary or secondary highway,

(4)

The subdivision complies with the general platting requirements of King William County,

(5)

The subdivision shall meet any Virginia Department of Transportation (VDOT) safety and/or design requirements.

(b)

Any further subdivision of a previously exempted lot pursuant to this exemption shall constitute a major subdivision except for family divisions and on parcels of 50 acres or more and shall be subject to all applicable governing ordinances and requirements.

(c)

All prospective subdivisions for this classification shall be reviewed by the agent, who shall determine if the above criteria have been met. Such subdivisions shall have language to be placed on the plat to indicate that it is an exempt subdivision and accordingly any further subdivision of the parcels shall constitute a major subdivision and must comply with all appropriate county regulations.

(Ord. No. 09-21R2, Att. A, 9-27-2021; Ord. No. 08-22, 8-22-2022)

In making a determination as to whether a subdivision is major, farmstead, minor or cluster, as defined herein, the agent shall consider the definitions and requested lot sizes but shall not consider any lots in such subdivision which were lawfully recorded by plat of subdivision and/or deed in the office of the clerk of the circuit court prior to the adoption of this chapter.

(Ord. No. 09-21R2, Att. A, 9-27-2021)

(a)

In accordance with Code of Virginia, § 15.2-2244, a single division of a lot or parcel for the purpose of sale or gift to a member of the immediate family of the property owner shall be permitted, subject only to any express requirement contained in the Code of Virginia and to any requirement imposed by the board of supervisors that all lots of less than five acres have reasonable right-of-way of 20 feet providing ingress and egress to a dedicated recorded public street or thoroughfare. Only one such division shall be allowed per family member and shall not be for the purpose of circumventing this section. For the purpose of this section, a member of the immediate family is defined as any person who is a natural or legally defined offspring, spouse, grandchild, grandparent, sibling, parent, niece, or nephew of the owner.

(b)

As allowed by Code of Virginia, § 15.2-2244.1, the parcel from which a family division is proposed shall be held by the subdivider for a minimum of five consecutive years prior to the date of subdivision and subdivided parcels or lots from such family divisions shall be held by the immediate family member for a minimum of three years from the date of subdivision to prevent the use of this section to circumvent the subdivision ordinance. A variance request may go to the board of zoning appeals when a changed circumstance would require the transfer of the property to a nonmember of the immediate family.

(c)

All prospective subdivisions for this classification shall be reviewed by the agent, who shall determine if the above criteria have been met. Such subdivisions shall have language to be placed on the plat to indicate that it is a family transaction, who is involved and what is their family relationship.

(Ord. No. 09-21R2, Att. A, 9-27-2021)

A pro rata share of the cost of facilities as outlined in the State Code of Virginia, § 15.2-2243 are as follows:

(1)

A subdivider or developer of land shall pay his pro rata share of the cost of providing reasonable and necessary sewerage, water and drainage facilities, located outside the property limits of the land owned or controlled by him but necessitated or required, at least in part, by the construction or improvement of his subdivision or development as per county water and sewer regulations.

(2)

Payments received for such improvements shall be expended only for the engineering and related studies and construction of those facilities for which the payment was required, however, in lieu of such payment the board of supervisors may provide for the posting of a personal, corporate or property bond, cash escrow or other method of performance guarantee satisfactory to it conditioned on payment at commencement of such construction.

(Ord. No. 09-21R2, Att. A, 9-27-2021)

The subdivision layout shall conform in all essential respects with the adopted thoroughfares plan and other elements of the adopted comprehensive plan for the county. As allowed by Code of Virginia, § 15.2-2246, the subdivision layout shall also comply fully with the provisions of the zoning district in which the subdivision is located, as well as other applicable provisions of the zoning ordinance, including any limitations on area, dimensions and number or location of lots.

(Ord. No. 09-21R2, Att. A, 9-27-2021)

The subdivision layout shall be designed in accordance with the principles and standards contained in this article with the objective of achieving the most advantageous development of the subdivision and adjoining areas. Experimentation with new layout and design techniques is encouraged and such designs as are approved under the zoning ordinance are permitted under these regulations controlling the subdivision of land. Clustering of single-family dwellings and the preservation of open space will also be considered as outlined in Code of Virginia, § 15.2-2286.1, and as allowed in this chapter.

(Ord. No. 09-21R2, Att. A, 9-27-2021)

It is recommended, but not required, that the subdivider submit to the agent a preliminary sketch plan of the proposed minor or major subdivision prior to preparation of engineered preliminary and final plats. The purpose of such preliminary sketch plan is to permit the agent to advise the subdivider whether his plans are in general accord with the requirements of this article. The agent, upon submission of any preliminary sketch, shall study same and advise the subdivider wherein it appears that changes would be necessary. The agent may mark the preliminary sketch plan indicating necessary changes and any such marked sketch shall accompany the preliminary plat.

(Ord. No. 09-21R2, Att. A, 9-27-2021)

(a)

Intent. The provisions of this division shall apply to any subdivision consisting of only one lot, except those exempted by section 86-403. It is intended that platting and approval requirements for such subdivisions be restricted to the minimum necessary to ensure compliance with minimum lot size requirements of the zoning ordinance.

(b)

Access. A single-lot subdivision shall either abut a public road or have access to a public road via a deeded right-of-way not less than 25 feet in width.

(c)

Multiple single-lot subdivisions. Development of two or more single-lot subdivisions, for the purpose of circumventing the requirements pertaining to minor or farmstead subdivisions shall not be permitted.

(Ord. No. 09-21R2, Att. A, 9-27-2021)

(a)

Intent. The requirements of this division are intended to be commensurate with the impact of small subdivisions, creating two to four lots, on the areas in which they are located. Thus, the regulations focus on access, lot sizes, and suitability of the land, abbreviated platting requirements and accelerated administrative processing.

(b)

Multiple minor subdivisions. Development of two or more adjoining minor subdivisions, for the purpose of circumventing the requirements of this division pertaining to major subdivisions shall not be permitted. Refer to the definition of "major subdivision".

(c)

Improvements. Improvements in minor subdivisions shall be installed in accordance with provisions (e) through (g) below.

(d)

Streets. As allowed by the State Code of Virginia, § 15.2-2241.

(1)

Generally. There shall be only one access to an adjacent primary or secondary highway by a new street and no lot shall have direct access to an existing primary or secondary highway.

(2)

New streets. All streets in a proposed subdivision shall be designed and constructed in accordance with subdivision street standards of VDOT. Streets so designed and constructed shall be recommended by the county for inclusion in the state highway system. For streets that remain private, there shall be road maintenance agreements for each lot in the subdivision as provided for in subsection (d)(2).

(3)

Alignment and layout. Street arrangement shall be such as to cause no unnecessary hardship to owners of adjoining property should they decide to plat their own land and seek to provide convenient access to it. Where in the opinion of the agent it is necessary to provide for street access to adjoining property, right-of-way for proposed streets shall be extended to the property line. Half streets along the boundary of land proposed for subdivision shall not be permitted. The street layout shall be designed to create desirable building sites while respecting existing topography, minimizing street grades, avoiding excessive cuts and fills, and preserving trees to the maximum extent feasible for a reasonable economic use of the land.

(4)

Spacing. Streets shall be spaced to allow for blocks meeting the dimensional requirements contained herein and to minimize the number of intersections with existing or proposed arterial thoroughfares.

(5)

Minor residential streets. Minor residential streets, intended primarily for access to individual properties, shall be arranged to discourage their use by through traffic.

(6)

Reduction of traffic impacts. No residential lot shall be platted in a minor subdivision, which has its primary frontage on U.S. Highway 360 or State Highway 30. Reverse frontage lots having access only from a parallel secondary highway or from new public streets are required.

(7)

Right of access. Anyone who subdivides land shall provide right of access to public streets to meet the minimum requirements of VDOT. No land shall be reserved, held or controlled for the purpose of prohibiting access to streets and roads unless owned, held or controlled exclusively by the county or an agency of the state or federal government.

(8)

Scenic roads. Where an existing or proposed street or roadway is designated as a scenic road or byway on the comprehensive plan, of which the major thoroughfare plan is a part, the purpose and standards established for such roads to maintain their scenic and historic qualities shall be observed in the design and development of an adjacent subdivision, including but not limited to such factors as maintenance of existing alignments and natural vegetation, appropriate pavement design, and due care with respect to location and design of access points.

(9)

Maintenance of private streets. Private streets must be maintained at a level that keeps the private street in compliance with the subdivision street standards of VDOT. Any private street must be owned and maintained by the developer, until such time as it is turned over to the ownership and maintenance of an approved homeowners' association.

(10)

Maintenance of public streets. The subdivider shall provide for maintenance of all new or improved public streets until such time as the streets are accepted into the secondary highway system of VDOT. The subdivider or developer shall furnish to the county a maintenance and indemnifying bond with surety satisfactory to the board of supervisors, in an amount sufficient for and conditioned upon the maintenance of public streets until such time as they shall be reviewed at the end of each 12-month period and at such times the agent may require that the amount of the bond be increased to cover inflated maintenance costs.

(11)

Street names. Proposed streets which are obviously in alignment with existing named streets shall bear the names of such existing streets. Names of proposed streets shall not duplicate existing street names, irrespective of the use of the suffix street, avenue, boulevard, drive, way, place, lane or court. Street names shall be indicated on all plats and shall be approved by the agent. Names of existing streets shall not be changed except by approval of the board of supervisors.

(12)

Street signs. Street identification signs of a design approved by the agent shall be installed at all intersections either by the subdivider or at their cost.

(13)

Construction of utilities. All utilities constructed in or on public streets rights-of-way shall comply with the current land use permit manual of VDOT.

(e)

Lots.

(1)

Generally. Lots in minor subdivisions shall comply with the requirements of this section.

(2)

Lot arrangement. The lot arrangement, design and orientation, shall be such that all lots will provide satisfactory building sites, properly related to topography and the character of surrounding development.

(3)

Remnants. Remnants or parcels of land below minimum area, including parcels which fail percolation tests, which may be left over after subdivision of a tract, shall be incorporated to adjacent lots or otherwise disposed of rather than allowed to remain as unusable parcels.

(4)

Suitability for sewage disposal. If on-site disposal systems are to be utilized in a minor subdivision, the plat shall not be approved until the health official affixes his signature to a statement on the plat certifying that the lots are generally suitable for the installation of such on-site systems.

(f)

Easements.

(1)

Generally. Easements in minor subdivisions shall be reserved as indicated in this section.

(2)

Required. Where alleys are not provided in appropriate locations, easements of not less than 15 feet in width shall be provided where necessary to meet public utility requirements. Easements of greater width may be required along lot line or across lots where necessary for the extension of trunk sewers or other primary utility lines.

Drainage easements. Where a proposed subdivision is traversed by any stream, watercourse or drainageway, the subdivider shall make adequate provision for the proper drainage of surface water, including the provision of easements along such streams, watercourses and drainageways, in accordance with standards established by the county.

(3)

Utilities. All utilities, poles or underground conduits for electric power lines or communication lines shall be placed in alleys if such are provided or in easements appropriately located, generally along the rear or side lot lines whenever this is possible.

(g)

Monuments. All lot corners shall be marked with iron pipe not less than three-fourths inch in diameter or iron rod not less than one-half inch in diameter, and not less than 24 inches long and driven so as to be flush with the finished grade.

(h)

Performance guarantee. The Code of Virginia, § 15.2-2241(11)(B) provides that, prior to approval of the final plat, the subdivider shall file with the agent a performance guarantee to ensure that improvements required by this chapter or proposed by the subdivider are installed in accordance with approved plats and plans.

(1)

Such guarantee shall either be:

a.

A certified check or a personal, corporate or property bond with cash escrow or other method of performance guarantee approved by the agent and sufficient to cover the cost of all improvements as estimated by the agent, furnished by the subdivider; or

b.

Evidence of the existence of agreements between the subdivider and a qualified contractor for the installation and completion of the improvements and the contractor's performance bond with surety for the benefit of the county and the subdivider, and satisfactory to the agent, in an amount to cover the cost of all improvements as estimated by the agent.

(2)

Within 30 days after receipt of written notice by the subdivider of completion of part or all of any facilities or improvements required to be constructed by this article, the agent shall either grant a periodic partial or final complete release of any bond, escrow, letter of credit or other performance guarantee required by this section, or notify the subdivider or developer in writing of non-receipt of approval by applicable state agency or of any specified defects or deficiencies in construction and suggested corrective measures. If no such action is taken by the agent within the 30-day period, the request shall be deemed approved and a partial release granted to the subdivider. No final release shall be granted until after expiration of such 30-day period and there is an additional request in writing sent by certified mail, return receipt, to the county administrator. The agent shall act within ten working days of receipt of the request; then if no action is taken, the request shall be deemed approved and final release granted to the subdivider. The agent shall not refuse to make a periodic partial or final complete release of a bond, escrow, letter of credit or other performance guarantee for any reason not directly related to specified defects in construction of the facilities covered by such bond, escrow, letter of credit or other performance guarantee.

(3)

Upon written request by the subdivider, the agent shall be required to make periodic partial releases of such bond, escrow, letter of credit or other performance guarantee in a cumulative amount equal to 80 percent of the original amount for which the bond, escrow, letter of credit or other performance guarantee was taken, based upon the percentage of facilities completed and approved by the agent or state agency having jurisdiction. Periodic partial releases may not occur before the completion of at least 30 percent of the facilities covered by any bond, escrow, letter of credit or other performance guarantee to the subdivider. For the purpose of final release, the term "acceptance" is deemed to mean when such 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 for operating such facility upon acceptance.

(4)

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 the Code of Virginia, § 54.1-408 or from a department or agency designated by the agent may be accepted without requiring further inspection of such facilities.

(Ord. No. 09-21R2, Att. A, 9-27-2021)

State Law reference— Coordination of streets with other streets, Code of Virginia, § 15.2-2241(2); acceptance of dedication of right-of-way, Code of Virginia, § 15.2-2241(5); drainage, Code of Virginia, § 15.2-2241(3); monuments, Code of Virginia, § 15.2-2241(7).

(a)

Intent. The intent of this division shall be to preserve the rural heritage of our farms, forests and historic resources by minimizing the impact of small residential subdivisions in the agricultural/forestal (A-C) district of the county, by creating two to seven lots with a minimum lot size of 15 acres. Thus, the regulations focus on access, lot sizes, visual impacts, suitability of the land, abbreviated platting requirements and accelerated administrative processing.

(b)

Streets. As allowed by the State Code of Virginia, § 15.2-2241.

(1)

Generally. For two-lot subdivisions, a shared access shall be provided on a 50-foot-wide easement extending from the existing public road to cover the entrance of both lots. Access for farmstead subdivisions with three to seven lots shall be to a new public street. There shall be only one access to an adjacent primary or secondary highway by a new street and no lot shall have direct access to an existing primary or secondary highway.

(2)

New streets. Public streets in a proposed subdivision shall be designed and constructed in accordance with subdivision street standards of VDOT. Streets so designed and constructed shall be recommended by the county for inclusion in the state highway system. For streets that remain private, there shall be road maintenance agreements for each lot in the subdivision as provided for in item (b)(6) of this section. The following shall be minimum specifications for any private street in a farmstead subdivision:

a.

Right-of-way.

1.

Minimum 50 feet of right-of-way.

2.

Minimum 20 feet travel surface width.

3.

Minimum two feet shoulder on each side.

b.

Road surface.

1.

Minimum six-inch compacted travel surface depth.

2.

Subgrade shall be prepared by excavation and removal of all vegetative cover, root mat, and topsoil. Drainage systems must provide relief for surface runoff and groundwater conditions away from finished subgrade elevation.

3.

Final compacted road surface shall be compacted in a manner such that a uniform texture is produced and the aggregates are firmly keyed. Irregularities in the surface shall be corrected by scarifying, remixing, reshaping, and recompacting until a smooth surface is secured.

c.

Prior to approval, a licensed professional engineer or land surveyor must certify that the requirements above are met. The certification must include the seal of the engineer or surveyor, signature of the engineer or surveyor, date of the inspection, and findings. If construction of roads is not completed prior to final approval of the plat, sufficient engineering design information must be submitted to the zoning administrator prior to final approval.

d.

The following statement shall be included in each deed and on the final plat stating: "The streets in this subdivision do not meet the standards necessary for inclusion in the system of state highways and will not be maintained by the Department of Transportation or the County."

(3)

Alignment and layout. Street arrangement shall be such as to cause no unnecessary hardship to owners of adjoining property should they decide to plat their own land and seek to provide convenient access to it. Where in the opinion of the agent it is necessary to provide for street access to adjoining property, right-of-way for proposed streets shall be extended to the property line. Half streets along the boundary of land proposed for subdivision shall not be permitted. The street layout shall be designed to create desirable building sites while respecting existing topography, minimizing street grades, avoiding excessive cuts and fills, and preserving trees to the maximum extent feasible for a reasonable economic use of the land.

(4)

Right of access. Anyone who subdivides land shall provide right of access to public streets to meet the minimum requirements of VDOT. No land shall be reserved, held or controlled for the purpose of prohibiting access to streets and roads unless owned, held or controlled exclusively by the county or an agency of the state or federal government.

(5)

Scenic roads. Where an existing or proposed street or roadway is designated as a scenic road or byway on the comprehensive plan, of which the major thoroughfare plan is a part, the purpose and standards established for such roads to maintain their scenic and historic qualities shall be observed in the design and development of an adjacent subdivision, including but not limited to such factors as maintenance of existing alignments and natural vegetation, appropriate pavement design, and due care with respect to location and design of access points.

(6)

Maintenance of private streets. Private streets must be maintained at a level that keeps the private street in compliance with the standards in item b above. Any private street must be owned and maintained by the developer, until such time as it is turned over to the ownership and maintenance of an approved homeowners' association.

(7)

Maintenance of public streets. The subdivider shall provide for maintenance of all new or improved public streets until such time as the streets are accepted into the secondary highway system of VDOT. The subdivider or developer shall furnish to the county a maintenance and indemnifying bond with surety satisfactory to the board of supervisors, in an amount sufficient for and conditioned upon the maintenance of public streets until such time as they shall be reviewed at the end of each 12-month period and at such times the agent may require that the amount of the bond be increased to cover inflated maintenance costs.

(8)

Street names. Proposed streets which are obviously in alignment with existing named streets shall bear the names of such existing streets. Names of proposed streets shall not duplicate existing street names, irrespective of the use of the suffix street, avenue, boulevard, drive, way, place, lane or court. Street names shall be indicated on all plats and shall be approved by the agent. Names of existing streets shall not be changed except by approval of the board.

(9)

Street signs. Street identification signs of a design approved by the agent shall be installed at all intersections either by the subdivider or at their cost.

(10)

Construction of utilities. All utilities constructed in or on public streets rights-of-way shall comply with the current land use permit manual of VDOT.

(c)

Lots.

(1)

Generally. Lots in farmstead subdivisions shall comply with the requirements of this section.

(2)

Lot arrangement. The lot arrangement, design and orientation, shall be such that all lots will provide satisfactory building sites, properly related to topography and the character of surrounding development.

(3)

The minimum lot size for farmstead subdivisions shall be 15 acres and shall allow three to seven lots.

(4)

Remnants. Remnants or parcels of land below minimum area, including parcels which fail percolation tests, which may be left over after subdivision of a tract, shall be incorporated to adjacent lots or otherwise disposed of rather than allowed to remain as unusable parcels.

(5)

Suitability for sewage disposal. If on-site disposal systems are to be utilized in a farmstead subdivision, the plat shall not be approved until the health official affixes his signature to a statement on the plat certifying that the lots are generally suitable for the installation of such on-site systems.

(d)

Easements.

Drainage easements. Where a proposed subdivision is traversed by any stream, watercourse or drainageway, the subdivider shall make adequate provision for the proper drainage of surface water, including the provision of easements along such streams, watercourses and drainageways, in accordance with standards established by the county.

(e)

Monuments. All lot corners shall be marked with iron pipe not less than three-fourths inch in diameter or iron rod not less than one-half inch in diameter, and not less than 24 inches long and driven so as to be flush with the finished grade.

(f)

Performance guarantee. The Code of Virginia, § 15.2-2241(11)(B) provides that, prior to approval of the final plat, the subdivider shall file with the agent a performance guarantee to ensure that improvements required by this chapter or proposed by the subdivider are installed in accordance with approved plats and plans.

(1)

Such guarantee shall either be:

a.

A certified check or a personal, corporate or property bond with cash escrow or other method of performance guarantee approved by the agent and sufficient to cover the cost of all improvements as estimated by the agent, furnished by the subdivider; or

b.

Evidence of the existence of agreements between the subdivider and a qualified contractor for the installation and completion of the improvements and the contractor's performance bond with surety for the benefit of the county and the subdivider, and satisfactory to the agent, in an amount to cover the cost of all improvements as estimated by the agent.

(2)

Within 30 days after receipt of written notice by the subdivider of completion of part or all of any facilities or improvements required to be constructed by this article, the agent shall either grant a periodic partial or final complete release of any bond, escrow, letter of credit or other performance guarantee required by this section, or notify the subdivider or developer in writing of non-receipt of approval by applicable state agency or of any specified defects or deficiencies in construction and suggested corrective measures. If no such action is taken by the agent within the 30-day period, the request shall be deemed approved and a partial release granted to the subdivider. No final release shall be granted until after expiration of such 30-day period and there is an additional request in writing sent by certified mail, return receipt, to the county administrator. The agent shall act within ten working days of receipt of the request; then if no action is taken, the request shall be deemed approved and final release granted to the subdivider. The agent shall not refuse to make a periodic partial or final complete release of a bond, escrow, letter of credit or other performance guarantee for any reason not directly related to specified defects in construction of the facilities covered by such bond, escrow, letter of credit or other performance guarantee.

(3)

Upon written request by the subdivider, the agent shall be required to make periodic partial releases of such bond, escrow, letter of credit or other performance guarantee in a cumulative amount equal to 80 percent of the original amount for which the bond, escrow, letter of credit or other performance guarantee was taken, based upon the percentage of facilities completed and approved by the agent or state agency having jurisdiction. Periodic partial releases may not occur before the completion of at least 30 percent of the facilities covered by any bond, escrow, letter of credit or other performance guarantee to the subdivider. For the purpose of final release, the term "acceptance" is deemed to mean when such 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 for operating such facility upon acceptance.

(4)

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, § 54.1-408 or from a department or agency designated by the agent may be accepted without requiring further inspection of such facilities.

(Ord. No. 09-21R2, Att. A, 9-27-2021)

State Law reference— Coordination of streets with other streets, Code of Virginia, § 15.2-2241(2); acceptance of dedication of right-of-way, Code of Virginia, § 15.2-2241(5); drainage, Code of Virginia, § 15.2-2241(3); monuments, Code of Virginia, § 15.2-2241(7).

(a)

Intent. Cluster subdivisions may be developed only on tracts of 20 acres or more and at least 70 percent must be reserved as permanent conservation areas. These subdivisions are designed to protect the heritage of agricultural areas by promoting permanent open space and encouraging the thoughtful clustering of housing that is compatible with the rural environment. They must be located and designed in compliance with the comprehensive plan and land use ordinances.

(b)

Improvements. Cluster subdivisions shall comply with all requirements outlined in section 86-454 in this chapter, with the following modifications:

(1)

Number of lots. Cluster subdivisions are allowed one lot per five acres.

a.

If the subdivision utilizes public water and sewer, then a 30 percent increase in the number of lots shall be permitted.

b.

For every three additional lots that are dedicated for affordable housing, serving households with incomes that are below 80 percent of the area median income, two additional market rate lots shall be permitted.

(2)

Lot area. Lots shall have a minimum lot size of 15,000 square feet for lots served by both water and sewer, 20,000 square feet if lots are served by public water or public sewer only and 40,000 square feet if the lot is not served by either public water or public sewer. Lots served by a private septic must accommodate an approved septic field with a 100 percent reserve field or other approved onsite wastewater or discharge system as approved by VDH or appropriate state agency.

(3)

Yard and dimension requirements.

a.

There are no lot width or area requirements except as provided in subparagraph (b)(3)b.

b.

Any lots abutting the exterior boundary of the cluster subdivision shall be of the same size and dimensions as would be required of conventional development. Unless separated by a conservation area that is not less than 100 feet in width, a lot shall be considered to be abutting the exterior boundary.

c.

Rear and side yards shall be set forth on the preliminary plat to be approved by the subdivision agent in conformance with the overall character and intent of the proposed subdivision. No structure, well, or sewerage system shall be closer than ten feet to any side or rear property line.

d.

The minimum front-yard setback shall be set forth on the preliminary plat to be approved by the subdivision agent in conformance with the overall character and intent of the proposed subdivision.

e.

If shared access arrangements are otherwise permitted and the same are proposed within the cluster subdivision, an easement establishing the right-of-way and maintenance responsibilities shall be recorded at such time as the lots are created and the existence of such easement shall be noted on the face of the plat creating the lots.

(4)

Conservation areas. A minimum of 70 percent of the total area of the parcel shall be required conservation areas. The conservation area may contain mass drainfields and their reserve area, but not individual drainfields or the required yards for individual lots. The conservation areas shall be permanently protected and maintained by a Home Owner's Association which at the time of final subdivision approval for any property as a cluster subdivision, the property owner shall record documents satisfactory to the county establishing ownership and control of the conservation areas, requiring their preservation in perpetuity, and prohibiting further division of the conservation areas. Conservation areas shall be clearly designated on the approved subdivision plat.

(5)

Street requirements. Access for any cluster subdivision shall be directly to/from a public street with at least 50 feet of frontage to accommodate an appropriate right-of-way. No residential lot shall have direct access to a road located outside the cluster subdivision.

(6)

Utility requirements. Water and sewer facilities may either be served by a public system or systems approved by VDH. Centralized utilities shall be maintained by a homeowners association (unless otherwise operated by a public or private utility) which shall be established prior to final plat approval. Applicable homeowners association documents shall be reviewed for consistency with the requirements of this subdivision chapter by the county attorney prior to final plat approval.

(7)

In addition to the general platting requirements set forth in division 3 of the subdivision chapter, the location(s) of any historic resources on both the subject and adjacent parcels, including cemeteries, and archeological features as reflected in available county records shall be designated.

(8)

The following additional development standards shall apply:

a.

Floodplains, wetlands, and steep slopes shall, to the maximum extent practicable, be protected from clearing, grading or filling. Lots shall be designed to minimize necessary grading or filling, and to take advantage of the existing topography and landforms to the extent practicable.

b.

Lots, to the maximum extent practicable, shall be designed to preserve and maintain existing tree lines between fields or meadows, pastures, meadows, orchards, and mature woodlands, especially those containing a significant wildlife habitat, and to minimize development in open fields and pastures.

c.

Existing views from public thoroughfares shall be preserved to the maximum extent practicable and include a 20-foot landscaping buffer, consisting of sight obscuring native species of trees in areas if needed to accomplish this requirement.

d.

Lots, to the maximum extent practicable, shall be designed to avoid important historic, archaeological, or cultural sites.

e.

Ridge tops and hill tops shall be contained within conservation areas to preserve scenic views. Trees, to the maximum extent practicable, shall not be removed from ridge tops or hill tops.

f.

Roads shall be designed to mitigate the impact on conservation areas.

(Ord. No. 09-21R2, Att. A, 9-27-2021; Ord. No. 08-22, 8-22-2022)

(a)

Intent. Major subdivisions have five or more lots and therefore will have greater impact on the environment, highways and surrounding communities than will smaller subdivisions. Therefore, more stringent design standards and approval procedures are required for major subdivisions. It is the intent of this division to ensure that major subdivisions become assets rather than burdens to the county.

(b)

Improvements.

(1)

Fire protection. The installation of adequate fire hydrants for fire protection in a subdivision at locations approved by the agent shall be required when a central water system is installed in the subdivision of more than 25 lots. Fire protection system shall be designed, installed and provide pressure and fire flows in accordance with King William County Water and Sewer Standards.

(2)

Underground utilities. All utility lines, except those in the I industrial district, including, but not limited to, electric, CATV, telephone, or other lines shall be placed underground. This requirement shall apply to lines serving individual sites within the development and to utility lines providing service to the development. Where aerial utility service is extended from lines, located across U.S. Highway 360, such lines may be carried overhead to a terminal pole located along the thoroughfare right-of-way but not within the subdivision, where the lines shall be placed underground. This shall not apply to electric transmission lines, the placement of which is regulated by the state corporation commission. Where aerial utility lines, excluding service lines traverse the property proposed for subdivision, such lines may remain overhead unless the lines are subsequently moved, in which case, they shall be placed underground. Relocation of existing poles placed within an easement contiguous to the highway right-of-way which adjoins the property being subdivided, when done as part of construction of an entrance to the subdivision shown on an approved subdivision plat, shall be exempt from these requirements.

(3)

All driveways must have a concrete apron that meets VDOT standards. The remainder of the driveway must consist of concrete with a minimum thickness of four inches or asphalt with a minimum thickness of two inches and a granular base aggregate of six inches to eight inches in thickness. The driveway must be sloped towards the street to eliminate standing water.

(c)

Landscaping. For all subdivisions in which landscaping is voluntarily proffered, proposed or required, plans showing the general location(s) and type of materials to be used shall be provided with the preliminary plat. After approval of the preliminary plat by the agent, a landscape plan shall be prepared by a certified landscape architect and included in the construction plans and specifications for all required physical improvements to be installed in the subdivision, with detailed and specific lists of all materials to be used, the location(s) of the materials, and the proposed location(s) of each tree and shrub to be planted. Where existing plantings are to be retained, specifics as to materials and location(s), as well as proposed methods for protection during construction, shall be included in the plans. Landscaping shall be secured pursuant to this article with suitable maintenance and performance guaranties given at the time of final platting.

(1)

Landscaped buffers along existing and planned public roads: For all subdivisions developed in R-R and R-1 residential districts, a buffer shall be located along all public roads (not within subdivisions) existing on the date of final subdivision approval and all roads designated on the major thoroughfare plan on which the subdivision fronts, to a minimum depth of 50 feet. Existing deciduous trees with a caliper of two inches or greater, and coniferous trees four feet or greater in height, shall be retained within the buffer. If the buffer has no trees, the frontage shall either be landscaped in accordance with King William County Screening Requirements, or improved with a landscaped, sculpted, non-linear undulating landform with an average height of three feet. The landform shall be landscaped with low-maintenance vegetation.

(2)

Landscaped buffers between developments and adjoining property owners: For all subdivisions developed in R-R and R-1 residential districts, a buffer shall be located between the proposed development and adjoining property owners (not within subdivisions) existing on the date of final subdivision approval, to a minimum depth of 50 feet. Existing deciduous trees with a caliper of two inches or greater, and coniferous trees four feet or greater in height, shall be retained within the buffer. If the buffer has no trees, the frontage shall either be landscaped in accordance with the screening requirements of King William County, or improved with a landscaped, sculpted, non-linear undulating landform with an average height of three feet. The landform shall be landscaped with low-maintenance vegetation. For all subdivisions developed in the R-R residential district, a buffer shall be located between the proposed development and adjoining property owners (not within subdivisions) existing on the date of final subdivision approval, to a minimum depth of 25 feet. Existing deciduous trees with a caliper of two inches or greater, and coniferous trees four feet or greater in height, shall be retained within the buffer. If the buffer has no trees, the frontage shall either be landscaped in accordance with the screening requirements of King William County, or improved with a landscaped, sculpted, non-linear undulating landform with an average height of three feet. The landform shall be landscaped with low-maintenance vegetation.

(3)

Landscaped medians: For all subdivisions developed in R-R and R-1 residential districts, landscaped medians shall be located within all entrances to the proposed development. Medians shall have minimum depths of 150 feet. All medians shall have a minimum width of 15 feet. All medians shall be planned, designed, and constructed in such a manner as meet all current VDOT regulations.

(d)

Pedestrian paths. For all subdivisions developed in the R-R and R-1 residential districts, pedestrian paths shall be provided within the required buffer along the public road and within the development along both sides of any proposed public road, including the circumference of cul-de-sacs. The paths shall be constructed of permanent materials such as concrete, asphalt, brick, pavers, or materials which are substantially similar, and shall be no less than four feet wide. The paths shall be constructed from property line to property line and shall be designed to permit extension onto adjoining properties where future roads are planned or are likely. Where paths intersect with roads, the path shall be designed to comply with VDOT standards regarding handicapped access. Paths constructed within highway rights-of-way may be used to satisfy this requirement so long as the paths are constructed to VDOT standards and can be accepted by the department for maintenance. If curb and gutter are used along a state primary or secondary road, the path located within the right-of-way shall be separated from the curb and gutter by a distance of no less than four feet.

(e)

Streets. As allowed by the State Code of Virginia, § 15.2-2241.

(1)

Generally. Every lot in a major subdivision shall abut a new or existing public street which meets the standards set forth in this section. Ingress/egress for major subdivisions shall be directly to/from a public street. Major subdivisions with 12 or more lots fronting on a new street require a traffic impact analysis, design and controls will be installed as directed by VDOT, to aid in the reduction of traffic impacts and for safety measures.

(2)

New streets. All streets in a proposed subdivision shall be designed and constructed in accordance with subdivision street standards published by VDOT. Streets so designed and constructed shall be recommended by the county for inclusion in the state highway system.

(3)

Alignment and layout. The arrangement of streets in new subdivisions shall make provision for continuation of existing streets in adjoining areas. Street arrangement shall be such as to cause no unnecessary hardship to owners of adjoining property should they decide to plat their own land and seek to provide convenient access to it. Where in the opinion of the agent it is necessary to provide for street access to adjoining property, proposed streets shall be extended to the boundary of the property. Half streets along the boundary of land proposed for subdivision shall not be permitted. The street layout shall be designed to create desirable building sites while respecting existing topography, to minimize street grades, avoid excessive cuts and fills, and preserve trees to the maximum extent feasible for a reasonable economic use of the land.

(4)

Spacing. Streets shall be spaced to allow for blocks meeting the dimensional requirements contained herein and to minimize the number of intersections with existing or proposed arterial thoroughfares.

(5)

Minor residential streets. Minor residential streets, intended primarily for access to individual properties, shall be so arranged as to discourage their use by through traffic.

(6)

Curb and gutter. For all subdivisions developed in the R-1 residential district, curb and gutter shall be provided to VDOT standard CG-6 and/or other applicable VDOT standards.

(7)

Reduction of traffic impacts. Where the subdivision adjoins or contains a U.S. Highway 360 and State Highway 30 as designated on the major thoroughfare plan, the agent will require that measures be taken to reduce the impact of traffic on the residential lots abutting or fronting upon such thoroughfare and to afford separation of through and local traffic. The choice of the most appropriate method of accomplishing the desired purpose in a specific instance shall be made by the agent, giving consideration to topography and other physical conditions, the character of existing and contemplated development in the subdivision and its surroundings, and other pertinent factors and may be solved through one of the following means:

a.

By providing vehicular access to such lots by means of a new subdivision road separated from the highway by a planting strip at least 30 feet in width;

b.

By designing reverse frontage lots having access only from a parallel minor street or from a cul-de-sac or loop street, and with vehicular access to such lots from the major thoroughfare prohibited by deed restrictions or other means.

(8)

Alleys. Alleys shall be provided in business, commercial and industrial areas, unless adequate access to parking and loading area is provided by other means. Alleys shall not be permitted in residential areas except to provide access to attached dwellings or multiple dwellings or where required by topographic or other unusual conditions. In the absence of alleys, easements shall be provided for utility lines or drainage facilities.

(9)

Right of access. Anyone who subdivides land shall provide right of access to public streets of sufficient width to meet the minimum requirements of VDOT. No land shall be reserved, held or controlled for the purpose of prohibiting access to streets and roads unless owned, held or controlled exclusively by the county or an agency of the state or federal government.

(10)

Scenic roads. Where an existing or proposed street or roadway is designated as a scenic road or byway on the comprehensive plan, of which the major thoroughfare plan is a part, the purpose and standards established for such roads to maintain their scenic and historic qualities shall be observed in the design and development of an adjacent subdivision, including but not limited to such factors as maintenance of existing alignments and natural vegetation, appropriate pavement design, and due care with respect to location and design of access points.

(11)

Maintenance of public streets. The subdivider shall provide for maintenance of all new or improved public streets until such time as the streets are accepted into the secondary highway system of VDOT. The subdivider shall furnish to the county a maintenance and indemnifying bond with surety satisfactory to the board of supervisors, in an amount sufficient for and conditioned upon the maintenance of public streets until such time as they shall be reviewed at the end of each 12-month period and at such times the agent may require that the amount of the bond be increased to cover inflated maintenance costs.

(12)

Street names. Proposed streets which are obviously in alignment with existing named streets shall bear the names of such existing streets. Names of proposed streets shall not duplicate existing street names, irrespective of the use of the suffix street, avenue, boulevard, drive, way, place, lane or court. Street names shall be indicated on all plats and shall be approved by the agent. Names of existing streets shall not be changed except by approval of the board.

(13)

Street signs. Street identification signs of a design approved by the agent shall be installed at all intersections.

(14)

Construction of utilities. All utilities constructed in or on the right-of-way of public streets shall comply with the current land use permit manual of the state department of transportation.

(15)

Pedestrian paths. The subdivider shall provide ADA compliant pedestrian paths when the development generates a need and the need is in accordance with the county comprehensive plan. The pedestrian paths shall be designed and constructed in accord with applicable VDOT standards. Nothing herein shall alter the authority of VDOT to require pedestrian paths on any newly constructed street or highway.

(f)

Lots.

(1)

Generally. Lots in major subdivisions shall comply with the requirements of this section.

(2)

Lot arrangement. The lot arrangement, design and orientation shall be such that all lots will provide satisfactory building sites, properly related to topography and the character of surrounding development.

(3)

Minimum lot size. The dimensions and areas of all lots shall comply with the requirements of the zoning district in which they are located. In any case where public water supply and/or public sewerage are not available or are not to be provided, all residential lots shall comply with the minimum lot dimensions and areas established by the health officer after appropriate water percolation tests have been performed, which dimensions may be greater than required under the zoning regulations. Where any doubt exists regarding suitability of a lot for septic systems, a field replacement area shall be designated for use in case of disposal field failure.

(4)

Remnants. Remnants or parcels of land below minimum area, including parcels which fail percolation tests, which may be left over after subdivision of a tract, shall be incorporated to adjacent lots or otherwise disposed of rather than allowed to remain as unusable parcels.

(5)

Ratio of width to depth. Excessive lot depths in relation to lot width shall be avoided. Except for unusual topographic conditions, a ratio of depth to width of two to one shall be considered a desirable maximum.

(6)

Double frontage and reverse frontage lots. Double frontage and reverse frontage lots shall be avoided, except where their use is essential to overcoming special topographic circumstances or to separating residential development from highway traffic.

(7)

Increased lot depth and building setback. Residential lots abutting primary or secondary highways or arterial thoroughfares shall have extra lot depths and deeper building setbacks as required by the zoning chapter and buffering requirements.

(8)

Intersection of lot lines. Generally, side lot lines shall be approximately at right angles or radial to the street line, except where a variation to this requirement will provide an improved street and lot layout.

(9)

Separate ownership. Where the land covered by a subdivision includes two or more parcels in separate ownership, and where the 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 simultaneously with the recording of the final plat. The deed shall be deposited with the clerk of the court and held with the final plat until the subdivider is ready to record same, and both shall then be recorded together.

(10)

Corner lots. Corner lots shall have extra width sufficient for maintenance of required setback lines on both streets.

(11)

Shape. Lot arrangement, design and shape shall be reasonably related to topography, and shall not contain normally unusable elongations for the sole purpose of providing required minimum lot size, or to provide road frontage.

(12)

Lot suitability. The agent shall require that data from soil evaluations performed by professional soil scientists on each lot in accordance with requirements of the State Board of Health sewage handling and disposal regulations be submitted for subdivisions dependent upon septic systems as a means of sewage disposal, in order to ensure that the lots are generally suitable for septic systems.

(13)

Lot frontage restriction. No residential lot shall be platted in a major subdivision which has its primary frontage on U.S. Highway 360 or on State Highway 30.

(14)

Ingress and egress onto existing public primary and secondary roadways. The ingress or egress into major subdivision lots from existing public primary and secondary roadways shall be prohibited.

(15)

Wetlands. Any and all wetlands must be identified and delineated.

(g)

Blocks.

(1)

Generally. Design and layout of blocks shall be governed by this section.

(2)

Length. Residential blocks shall normally not exceed 1,200 feet in length, or be less than 400 feet in length, between street lines. In any residential block more than 800 feet in length, a crosswalk of not less than ten feet in width may be required where necessary to provide convenient access to schools, recreation areas and other community facilities.

(3)

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

(4)

Commercial and industrial blocks. Blocks intended for business or industrial use shall be designed specifically for such purposes with adequate space set aside for off-street parking and delivery facilities. Individual lots within blocks of subdivisions which have been zoned to a business or industrial classification may be omitted from the final plat allowing the property to be divided in block form only. The subsequent transfer of parcels within the previously recorded business or industrial subdivision shall not be construed as a resubdivision of the property; however, prior to the issuance of any zoning or building permit, the subdivider shall have plats for the division of the property approved by the King William County Planning Office to ensure that all requirements of the King William County Subdivision and Zoning Chapter have been met.

(5)

Irregular blocks. Irregular shaped blocks indented by cul-de-sacs or looped streets, and containing interior parks or playgrounds, will be acceptable when properly designed and where provision is made for adequate parking and for the maintenance of the public or common-use recreation area.

(h)

Easements.

(1)

Generally. The provisions of this section shall govern the platting and use of easements.

(2)

Easements required. Where alleys are not provided in appropriate locations, easements of not less than 15 feet in width shall be provided where necessary to meet public utility requirements. Easements of greater width may be required along lots or access lots where necessary for the extension of trunk sewers or other primary utility lines.

(3)

Drainage easements. Where a proposed subdivision is traversed by any stream, watercourse or drainageway, the subdivider shall make adequate provision for the proper drainage of surface water, including the provision of easements along such streams, watercourses and drainageways, in accordance with the standards established by the county.

(4)

Utility easements. Utility easements in private rights-of-way or in common use recreation areas may be permitted by the agent provided design considerations of the proposed subdivision warrant such easements. Necessary franchise and utility construction permits shall be obtained from VDOT for utilities with public right-of-way.

(5)

Buildings in easements prohibited. No building or structure shall be constructed on any easement without the authorization of the board of supervisors or other appropriate agencies.

(6)

Utilities. All utilities, shall be placed in alleys if such are provided, or in easements appropriately located, generally along the rear or side lot lines whenever this is possible.

(i)

Monuments.

(1)

Permanent reference monuments, of stone or reinforced concrete and at least 36 inches in length and four inches square with suitable center point, shall be set flush with the finished grade at such locations as may be required by the agent. Generally such monuments shall be more or less evenly spaced around the perimeter and shall be located in each corner and at all street corners, at all points where street lines intersect exterior boundaries and at angle points and points of curvature and tangency in each street.

(2)

Monuments of metal pipe, three-fourths of an inch in diameter or solid metal rod one-half inch or more in diameter and at least 24 inches in length, shall be set in place flush with the finished grade at all intersections of streets and alleys, at all points on streets, alleys and boundary lines where there is a change in direction or curvature, and at all lot corners.

(3)

Upon completion of subdivision streets, sewers and other improvements, the subdivider shall make certain that all monuments required by the agent are clearly visible for inspection and use. Such monuments shall be inspected and approved by the agent before any improvements are accepted by the county.

(4)

Any person, developer, builder, firm or corporation shall take the necessary precautions to protect all monuments and metal markers during construction. Any monument which is moved or destroyed shall be immediately reported to the agent and shall be replaced as directed.

(j)

Drainage facilities. The subdivision shall be provided with such storm drains, culverts, drainways or other works as are necessary to collect and dispose of surface water and stormwater originating on or flowing across the subdivision, in order to prevent inundation and damage to streets, lots and buildings as per existing state regulations.

(k)

Community water supply and wastewater treatment.

(1)

In any major subdivision with 25 or more lots, or a major subdivision with 15 or more lots in which a majority of lots are equal to or less than five acres in area, the subdivider shall install a properly designed water supply system, provided that any such system shall meet the requirements of the Virginia Department of Environmental Quality state department of health, and any other state federal or local agencies having authority over such systems.

(2)

In a major subdivision with 50 or more lots, or a major subdivision with 30 or more lots in which a majority of lots are equal to or less than five acres in area, the subdivider shall install a properly designed wastewater treatment system, provided that any such system shall meet the requirements of the Virginia Department of Environmental Quality, state department of health, and any other state federal or local agencies having authority over such systems.

(l)

On-site water supply and sewage disposal.

(1)

The agent shall not approve any major subdivision in which a community sewage collection and treatment system is not provided unless a written statement is received from the health official, after review of the professional soil scientist's report required by the subsection 86-460(f)(12) on lot suitability, to the effect that the area contained in the subdivision is generally satisfactory for the installation of septic tanks or other approved method of on-site sewage disposal.

(2)

Approval of any proposed subdivision in which sewage disposal will be on-site may be granted only with the understanding that on-site sewage disposal systems must be approved on an individual lot basis by the health official.

(m)

Construction plans. Following conditional approval of the preliminary plat by the agent, the subdivider shall as stated in Code of Virginia, § 15.2-2269, if the subdivider has not previously done so, submit two blue or black line prints or copies of construction plans for improvements to be installed in accordance with the provisions of this article and prepared by a registered professional engineer authorized to do business in the state, as follows:

(1)

Profiles along the center and both sides of each street, with tentative construction grades indicated, shall be shown on a standard profile sheet at a vertical scale of one inch equals ten feet and a horizontal scale of one inch equals 100 feet unless otherwise permitted by the agent, and all elevations shall be at mean sea level;

(2)

The proposed water supply, if any, and plan of water distribution system showing existing water mains, pipe sizes, location of valves and fire hydrants, or other system of water supply;

(3)

The proposed method of sewage disposal and plans and profiles of proposed sanitary sewers, if any, including existing sewers within the proposed subdivision and immediately adjacent thereto on a standard profile sheet and plan sheet at a vertical scale of one inch equals ten feet and a horizontal scale of one inch equals 100 feet unless otherwise permitted by the agent, with grades and sizes indicated, or method of sanitary sewage disposal in lieu of sanitary sewers;

(4)

Plans of storm sewers or other methods of disposal of stormwater shall be submitted in the same manner as outlined in paragraph (3) above;

(5)

Plan of the proposed street lighting system, if any, showing locations, type, wattage, height, and the like;

(6)

Plan of the proposed tree planting, if any, showing location, kind, and the like.

(n)

Improvements to be installed prior to approval of final plat.

(1)

Prior to the filing with the agent of a final plat for approval, all improvements required under these regulations shall be completed, or provisions made therefor, in accordance with the provisions of this division and the design standards and specifications for roads, street drainage, water and sewer construction and improvements in the county, in one of the following methods:

a.

Installation and completion by and at the cost of the subdivider;

b.

The furnishing by the subdivider to the agent of a certified check or a personal, corporate or property bond with cash escrow or other method of performance guarantee approved by the county attorney and sufficient to cover the cost of all improvements required to be installed by the subdivider as estimated by the agent to guarantee the installation and completion of such improvements; or

c.

The furnishing by the subdivider to the agent of evidence of the existence of agreements between the subdivider and qualified contractors for the installation and completion of the improvements and the contractor's performance bond with surety for the benefit of the county and subdivider, and satisfactory to the county attorney, in an amount to cover the cost of all the improvements required to be installed by the subdivider as estimated by the agent.

(o)

If the subdivider elects to proceed by method b. or c. as outlined above, the subdivider shall set a time, subject to the approval of the agent, by which it is estimated the improvements will be installed and completed. Unless an extension of that time is approved by the agent and a new estimated date of completion established, the agent shall take necessary steps to proceed with the accomplishment and completion of the improvements, making use of the certified check or calling on the security of the bond. However, as dictated by the Code of Virginia, § 15.2-2241.1, bonds and other sureties will not be required for facilities which will be dedicated for public use until construction plans have been submitted for the sections of the subdivision where those facilities will be located.

(p)

Certification upon completion of improvements. Upon the completion of the installation of all improvements and allowed by the Code of Virginia, § 15.2-2245, the subdivider shall furnish a statement, approved by the agent and prepared by a certified surveyor or engineer, to the effect that all construction is in substantial conformity to the regulations and requirements of this article, and the plans as approved by the agent. If the subdivider has, in the opinion of the agent, just cause for not completing the improvements in the entire subdivision where either a certified check or surety bond or performance bond has been posted, the agent may release the subdivision provided the subdivider furnishes a statement by a certified surveyor or engineer to the effect that all construction which has been completed conforms to the regulations and requirements of this article and the plans as approved by the agent; and provided further, that the subdivider has furnished satisfactory evidence that the undeveloped portion of the subdivision has been vacated by proper authority.

(q)

Periodic partial and final release of certain performance guarantees as prescribed in the Code of Virginia, § 15.2-2245.

(1)

Within 30 days after receipt of written notice by the subdivider of completion of part or all of any facilities or improvements required to be constructed by this article, the agent shall either grant a periodic partial or final complete release of any bond, escrow, letter of credit or other performance guarantee required by this section, or notify the subdivider or developer in writing of nonreceipt of approval by applicable state agency or of any specified defects or deficiencies in construction and suggested corrective measures. If no such action is taken by the agent within the 30-day period, the request shall be deemed approved and a partial release granted to the subdivider or developer. No final release shall be granted until after expiration of such 30-day period and there is an additional request in writing sent by certified mail, return receipt, to the county administrator. The agent shall act within ten working days of receipt of the request; then if no action is taken, the request shall be deemed approved and final release granted to the subdivider or developer. The agent shall not refuse to make a periodic partial or final complete release of a bond, escrow, letter of credit, or other performance guarantee for any reason not directly related to specified defects or deficiencies in construction of the facilities covered by such bond, escrow, letter of credit or other performance guarantee.

(2)

Upon written request by the subdivider, the agent shall be required to make periodic partial releases of such bond, escrow, letter of credit or other performance guarantee in a cumulative amount equal to 80 percent of the original amount for which the bond, escrow, letter of credit or other performance guarantee was taken, based upon the percentage of facilities completed and approved by the agent or state agency having jurisdiction. Periodic partial releases may not occur before the completion of at least 30 percent of the facilities covered by any bond, escrow, letter of credit or other performance guarantee, or after completion of more than 80 percent of such facilities. The agent shall not execute more than three periodic partial releases in any 12-month period. Upon final completion and acceptance of such facilities, the agent shall release any remaining bond, escrow, letter of credit or other performance guarantee to the subdivider. For the purpose of final release, the term "acceptance" is deemed to mean when such 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 for operating such facility upon acceptance.

(3)

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, § 54-17.1 or from a department or agency designated by the agent may be accepted without requiring further inspection of such facilities.

(Ord. No. 09-21R2, Att. A, 9-27-2021; Ord. No. 08-22, 8-22-2022)

State Law reference— Coordination of streets with other streets, Code of Virginia, § 15.2-2241(2); acceptance of dedication of right-of-way, Code of Virginia, § 15.2-2241(5); similar provisions, Code of Virginia, § 15.2-2245; drainage, Code of Virginia, § 15.2-2241(3); monuments, Code of Virginia, § 15.2-2241(7); standards for plat details, Code of Virginia, § 15.2-2241(1); Provisions of subdivision ordinance, Code of Virginia, § 15.2-2241 et seq.

Every subdivision plat which is intended for recording shall be prepared by a certified professional engineer or land surveyor, duly licensed by the commonwealth who shall endorse upon each such plat a certificate signed by him setting forth the source of title of the owner of the land subdivided and the place of record of the last instrument in the chain of title; when the plat is of land acquired from more than one source of title, the outlines of the several tracts shall be indicated upon such plat. Provided, however, that nothing herein shall be deemed to prohibit the preparation of preliminary studies, plans or plats of a proposed subdivision by the owner of the land, city planners, architects, landscape architects, or others having training or experience in subdivision planning or design.

The certified engineer or surveyor shall affix his seal to every final plat. All final plats intended for recordation shall comply with state library board regulations establishing standards for plats.

(Ord. No. 09-21R2, Att. A, 9-27-2021)

State Law reference— Certificate on plat, Code of Virginia, § 15.2-2262.

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

(Ord. No. 09-21R2, Att. A, 9-27-2021)

Only the legal owner, proprietor or trustee of property shall be entitled to submit a plat of subdivision and the agent may require satisfactory proof that the subdivider identified on the plat is in fact the owner, proprietor or trustee of the property shown on the plat.

(Ord. No. 09-21R2, Att. A, 9-27-2021)

(a)

The plat of a single-lot subdivision shall be drawn to a scale of one inch equals 100 feet or larger, and shall show the following information:

(1)

Name of subdivision;

(2)

Date, scale and north arrow;

(3)

Boundaries, dimensions, bearings and area of the new lot;

(4)

Secondary highway to which the lot has access;

(5)

Prospective tax parcel numbers from the commissioner of revenue;

(6)

Zoning district;

(7)

Surveyor's certificate as delineated in division 5—forms and surveyor's seal;

(8)

Owner's consent statement as delineated in division 5—forms;

(9)

Delineated boundaries of the Chesapeake Bay Resource Management (RMA) and Resource Protection Areas (RPA) (except on parcels of over 25 acres that are to be used for agricultural or forestry purposes; such language as is found in and required by - the office of the subdivision agent must be placed on the plat in such instances).

(10)

The area covered by the primary drainage field and the 100 percent reserve drain field for septic tanks (except on parcels of over 25 acres that are not to be used for purposes that require septic tank and drainfield sanitary facilities; such language as required by the board of supervisors and provided in the office of the agent must be placed on the plat in such instances).

(b)

A minimum of seven copies of the plat of a single-lot subdivision shall be submitted to the agent or his designated representative, who shall review and approve the plat for recordation if it meets the requirements of access for single lot subdivisions, the minimum lot size requirements of the zoning ordinance and includes all of the features and information listed below. If deficiencies are noted on the plat, it shall be marked disapproved and the reasons therefor shall be transmitted to the subdivider in writing.

(Ord. No. 09-21R2, Att. A, 9-27-2021)

State Law reference— Standards for plat details, Code of Virginia, § 15.2-2241(1).

(a)

A plat creating a farmstead or cluster subdivision shall consist of a survey drawn to scale of one inch equals 100 feet or larger and shall include the following information:

(1)

Name of subdivision;

(2)

Date, scale and north arrow;

(3)

Vicinity map;

(4)

Surveyor's certificate as delineated in division 5—forms and surveyor's seal;

(5)

Owner's consent statement as delineated in division 5—forms;

(6)

Zoning district;

(7)

Layout, bearings and dimensions of boundaries, numbers and area (exclusive of easements for private streets) of new lots;

(8)

Layout and width of new and existing public and private streets;

(9)

Any other information required by this article to be included on the plat including, but not limited to, a list of the proffered zoning conditions, if any, applicable to the property;

(10)

Signature and date lines for the health official and agent and VDOT resident engineer if necessary;

(11)

Delineated boundaries of the Chesapeake Bay Resource Management (RMA) and Resource Protection Areas (RPA) (Except on parcels of over 25 acres that are to be strictly used for agricultural, or forestry purposes and where business, industrial or residential uses are not envisioned, the disclaimer language found in and required by the office of the subdivision agent be placed on the plat in such instances).

(12)

The area covered by the primary drainage field and 100 percent of the reserve drain field for septic tanks (Except on parcels of over 25 acres that are not to be used for purposes that require septic tank and drainfield facilities; the disclaimer language as is found in and required by the office of the subdivision agent must be placed on the plat in such instances).

(b)

Submission and approval.

(1)

Farmstead subdivisions not requiring new street construction.

a.

If no new public streets are to be constructed the applicant is required to submit to the agent a completed application with at least six blue or black line prints of the plat. All application fees shall be submitted to the agent along with any required soils information for on-site sewage disposal. The agent shall determine if the application is complete, including payment of all real estate taxes currently due on the property. If the application is incomplete it will not be accepted for further review. If the application is complete the agent will initiate review of the plat to ensure compliance with this article.

b.

If the plat does not comply with this article, the agent shall void all copies of the plat in question and return five of the voided copies of the plat to the subdivider accompanied with written notice as to the submittal deficiencies.

c.

If the plat complies with this article the agent shall forward the seven copies of plat to the health official with the required preliminary documentation and soil information.

d.

The health official shall review the plat and soils information and indicate whether the lots are generally suitable for installation of on-site sewage disposal systems within the period of time prescribed by Code of Virginia, § 15.2-2260.

e.

If the proposed parcels comply with health department requirements then the health official shall sign the plats and return five copies to the agent, retaining soils information and one plat for his records. The agent shall then sign and approve the plat for recordation within 35 days.

f.

If the proposed parcels do not comply with health department requirements then the health official shall void all copies of the plat in question and return the voided copies of the plat to the agent accompanied with written notice as to deficiencies. The agent, in turn, shall disapprove and return five of the voided copies of the plat to the subdivider accompanied with written notice from the health department and county.

g.

In any case of disapproval, the agent shall notify the subdivider in writing of the reasons for disapproval.

h.

Any application on file for longer than six months from the date of application either due to inactivity or failure of the applicant to correct voided plats or otherwise comply with county or health department requirements shall constitute disproval and require reapplication and resubmittal by the applicant.

(2)

Farmstead and cluster subdivisions requiring new street construction. If new public streets are to be constructed, the applicant is required to submit to the agent a completed application, at least seven blue or black line prints of the plat, and at least six blue or black line prints of road construction plans and specifications required by VDOT. All application fees shall be submitted to the agent along with any required soils information for on-site sewage disposal. The agent shall determine if the application is complete, including payment of all real estate taxes currently due on the property. If the application is incomplete it will not be accepted and reviewed. If the application is complete the agent will initiate review of the plat to ensure compliance with this section. The agencies reviewing must complete their review within the time allotted by the Code of Virginia, § 15.2-2260 and once in receipt of the state approvals the local agent shall act within 35 days.

a.

If the plat does not comply with this article, the agent shall void all copies of the plat in question and return six of the voided copies of the plat to the subdivider accompanied with written notice as to the submittal deficiencies.

b.

If the plat complies with this article, the agent shall forward the seven copies of plat to the health official for the county with the required preliminary documentation and soil information, three blue or black line prints of road construction plans and specifications required by VDOT to the resident engineer, and one blue or black line print of road construction plans and specifications to the county environmental compliance officer.

c.

The health official shall review the plat and soils information and indicate whether the lots are generally suitable for installation of on-site sewage disposal systems within the period of time prescribed by health department regulations.

d.

If the proposed parcels comply with health department requirements then the health official shall sign the plats and return five copies to the agent, retaining soils information and one plat for his records.

e.

If the proposed parcels do not comply with health department requirements, then the health official shall void all copies of the plat in question and return the voided copies of the plat to the agent accompanied with written notice as to deficiencies. The agent, in turn, shall disapprove and return five of the voided copies of the plat to the subdivider accompanied with written notice from the health department and county.

f.

The resident engineer shall review the road construction plans and specifications and indicate whether the plans meet state requirements for construction of roads within the period of time prescribed by VDOT regulations.

g.

If the plans comply with VDOT requirements then the resident engineer shall sign the plats and return five copies to the agent, retaining one plat for his records.

h.

If the plans do not comply with VDOT requirements then the resident engineer shall void all copies of the plan in question and return the voided copies to the agent accompanied with written notice as to deficiencies. The agent, in turn, shall disapprove and return five of the voided copies to the subdivider accompanied with written notice from the resident engineer and county.

i.

Upon completion of favorable review by the health official and the VDOT resident engineer, the agent may then sign and approve the plat for recordation. In any case of disapproval, the agent shall notify the subdivider in writing of the reasons for disapproval.

j.

Any application on file for longer than six months from the date of application either due to inactivity or failure of the applicant to correct voided plats or otherwise comply with King William county, VDOT or health department requirements shall constitute disproval and require reapplication and resubmitted by the applicant.

(3)

Recordation of plat.

a.

As directed by the State Code of Virginia, § 15.2-2241(8), the subdivider shall record the approved plat within six months after final approval by the agent. If subdivider fails to do so, the plat shall be null and void and reapplication and new signatures shall be required. However, in any case where construction of public facilities has commenced or a surety has been approved or furnished for the construction of such facilities then the time for plat recordation shall be extended to one year after final approval or to the time limit specified in the surety agreement, whichever is greater.

b.

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.

c.

As prescribed by the Code of Virginia, § 15.2-2209.1, any subdivision plat valid under Code of Virginia, § 15.2-2260 and outstanding as of January 1, 2017 shall remain valid until July 1, 2020.

(Ord. No. 09-21R2, Att. A, 9-27-2021)

State Law reference— Standards for plat details, Code of Virginia, § 15.2-2241(1); recordation of plat, Code of Virginia, § 15.2-2264 et seq.

(a)

Preliminary requirements. Whenever a subdivision consisting of more than four lots is proposed to be made, and before any sale or contract for sale or any construction work, including grading, is started, the owner or proprietor of the proposed subdivision or his duly authorized representative shall cause a preliminary plat to be prepared together with improvement plans and other supplementary materials as required herein. The preliminary plat shall comply fully with the health, zoning and other applicable ordinances in effect at the time the plat is submitted for tentative approval.

(b)

Application for tentative approval. Seven copies, or more if necessary, of the preliminary plat together with an equal number of copies of improvement plans for roads, water, sewers and other utilities and other supplementary material shall be submitted to the agent with written application for tentative approval. Two copies of the professional soil scientist's report required by subsection titled lot suitability shall also accompany the application for tentative approval.

(c)

Preliminary plat details. The preliminary plat shall show the following information:

(1)

Subdivision name and location and name of person or firm preparing the plat;

(2)

The name and address of the record owner of the land proposed to be subdivided; the source of title with deed book references; and the owner or proprietor of the subdivision and the surveyor;

(3)

The location and names of adjoining subdivisions or names of the owners of adjoining parcels of land, establishing the boundary lines of the tract to be subdivided;

(4)

The location, width and names of all existing or platted streets or public ways within or adjacent to the subdivision for a distance of at least 300 feet and the location, width and names of all proposed streets, and location and width of proposed alleys within the proposed subdivision. Except for extension of existing streets, street names shall not duplicate nor closely resemble existing street names in the county;

(5)

The location, width and purpose of other right-of-way and easements and the location of all setback lines, whether or not controlled by zoning regulations;

(6)

The location of existing physical features, including existing buildings, to assist in identifying and studying the plat, wooded areas, watercourses, wetlands or any other significant natural or manmade physical features affecting the proposed subdivision. For waterfront property or property abutting a wetland, swamp or marsh as best it can be defined, the top of bank or bluff, toe of slope, and height of bank or bluff;

(7)

The boundaries of all property to be dedicated for public use, and of all property to be reserved by covenant in deeds for the common use of the occupants of lots in the subdivision, or otherwise reserved with a statement of the purpose for which such covenant or reservation is made or such use is restricted or limited;

(8)

General indication of plans for drainage and utilities;

(9)

The layout, lot lines, lot numbers and block letters and approximate dimensions of proposed lots;

(10)

The proposed use of the property to be subdivided and the zoning of same and the land adjacent to the tract;

(11)

Scale, north arrow (true meridian where practicable) and date. The agent may approve a modification of scale for a large subdivision;

(12)

A vicinity or location may in the form of an inset map made to the scale of 600 feet to the inch showing the relationship of the proposed subdivision to existing community facilities which serve or influence it, and including subdivision name and location, main roads and streets, schools, parks and playgrounds, scale, north arrow and date;

(13)

Delineated boundaries of the Chesapeake Bay Resource Management and Protection Areas, dam break inundation zones and floodplains;

(14)

The area covered by the primary drainage field and the 100 percent reserve drain field for septic tanks;

(15)

The location of any grave, object or structure marking a place of burial;

(16)

Whenever part of a tract is proposed for platting and it is intended to subdivide additional parts in the future, a sketch plan for the entire tract shall be submitted with the preliminary plat. This sketch is merely for informational purposes and is not binding on the subdivider or the agent;

(17)

In all subdivisions where it is economically or technically practical to do so, the subdivider shall protect and preserve physical features such as large trees, natural growth, watercourses, scenic points, historic places, topsoil and other similar community assets that will add attractiveness and value to the property if preserved. Such features to be protected and preserved shall be delineated on the preliminary plat and keyed to an appropriate brief statement of intent to be set forth thereon.

(d)

Common use details. Where the subdivision design is such that certain open spaces or other spaces or features are to be reserved for the common use of occupants or where private streets are proposed, the agent may require, subject to approval by the county attorney, that suitable measures be taken for permanent maintenance of such spaces, features or streets, including establishment of a homeowners association if appropriate to the facts of a particular case.

(e)

Transmittal of plat and plans. Upon receipt of the preliminary plat and plans, the agent shall transmit one set to the commission, one set to the health official and one set to the resident engineer. The commission, health official and resident engineer shall review and either approve or disapprove the plat and plans in accord with Code of Virginia, § 15.2-2260 and shall notify the agent in writing of such action. In the case of disapproval, the agent shall notify the subdivider in writing of action taken by the commission, health official and resident engineer.

(f)

The meaning of "tentative approval." Tentative approval of a preliminary plat shall not constitute approval of the final plat or any guarantee of such approval. It shall be deemed an expression of approval of the layout submitted on the preliminary plat as a guide to the preparation of the final plat. No property shall be transferred or offered for sale nor shall a building permit be issued based on an approved preliminary plat. The final plat will be submitted for approval of the agent for recording when the requirements of these regulations have been complied with. Approval of a preliminary plat shall be valid for the period as specified by Code of Virginia, § 15.2-2260(F).

(g)

Coordination with site plan review. Where a proposed subdivision accompanies and is a part of a development for which site plan approval is required under the zoning ordinance, the subdivision plat and the site plan will be reviewed at the same time as nearly as possible under the requirements of these regulations.

(h)

Final plat requirements. When the provisions of section 86-460(o) through (q) have been complied with, the subdivider shall file with the agent the final plat for all of the subdivision or for that portion being developed at the time, in accordance with the requirements of these regulations in order to secure the final approval of the plat by the agent. The final plat shall conform to the preliminary plat as approved. The subdivider may record as a final plat only that portion of the approved preliminary plat which they proposed to develop immediately, in all cases subject to requirements of the zoning chapter.

(i)

Final plat details. The subdivider shall submit to the agent an original and five black or blue line prints of the final subdivision plat prepared by a registered professional engineer or registered land surveyor authorized to do business in the state, the original of which shall be clearly and legibly drawn in black India ink on a sheet 16 by 24 inches, including a margin of one-half inch outside ruled borderlines at bottom and right sides, and one and one-half inch for binding on the left 16-inch end and at the top of the sheet. The plat shall have a scale of 100 feet to the inch and shall clearly show the following:

(1)

The title of the plat shall be included within a space four inches high and six inches wide in the lower right-hand corner of the plat. The data therein shall be confined to the following: name and subdivision with designation of section if only a portion of the approved preliminary plat is being developed, the county and magisterial district applicable, date, scale and the registered surveyor or engineer who prepared the plat. The name of the subdivision shall be in bolder type than the rest of the title;

(2)

The name of the record owner of the land being subdivided and the name of the subdivider;

(3)

The prospective tax map numbers from the commissioner of revenue;

(4)

The boundaries of the subdivision showing the length of its courses and distances to one hundredths of a foot and bearings to half minutes, having been determined by an accurate survey thereof in the field, which shall close with an error of closure not exceeding one foot in 10,000 feet. The names and locations of adjoining subdivisions or the names of the owners of parcels of land that may be unsubdivided;

(5)

Accurate coordinates of selected or monumented points. Any error of closure permissible in paragraph (i)(4) above shall be adjusted before computation of coordinates;

(6)

The exact location, alignment, arrangement and width along property lines of all streets, whether opened or not, intersecting or paralleling the boundaries of the subdivision;

(7)

The exact location and material of all permanent reference monuments;

(8)

The exact location, alignment, or arrangement of streets and alley lines in the subdivision, the names of all streets, the bearing, angles of intersection and width thereof, including their width along the line of any obliquely intersecting street;

(9)

The lengths of arcs and radii and tangent bearings;

(10)

The exact location, alignment or arrangements of all easements provided for use by public service corporations, with a statement of any restrictions or limitations placed on such use;

(11)

The exact location, alignment or arrangement of all lot lines with their dimensions expressed in feet and hundredths of a foot and with their bearings or angles to half minutes;

(12)

The tangent distances of all corners when rounded at intersections, except in cases where streets intersect at right angles;

(13)

All lots shall be numbered with consecutive Arabic numerals in each block, and all blocks shall be lettered in consecutive alphabetical order. In case of a resubdivision of lots in any block, the lots shall be numbered with consecutive Arabic numerals, beginning with the numeral following the highest lot numeral in the block;

(14)

The exact boundaries of all property to be dedicated for public use, and of all property to be reserved by covenant in deeds for the common use of all owners of lots in the subdivision or otherwise reserved, with a statement of the purpose to which such covenant or reservation is made or such use is restricted or limited;

(15)

The location of front yard setback lines whether or not controlled by county zoning ordinances;

(16)

The north point with magnetic bearing or if true meridian is shown the basis of its determination shall be stated;

(17)

A certificate of the engineer or surveyor who prepared the plat certifying that the plat represents and is based on a survey made by him or under his direction and supervision; that all monuments shown thereon are actually in place or will be put in place before a date specified by him; that their location and character are truly shown on the plat; and that all of the provisions and requirements of this article have been observed and fully complied with;

(18)

A statement to the effect that the subdivision as it appears on the plat, including the dedication of all streets, alleys, easements and other land for public purposes and use is with the free consent and in accordance with the desire of the subdivider and of the trustee or mortgagee, or each of them if more than one, in any deed or other instrumentality, if any, creating a lien on the land in the subdivision, or any part thereof, which shall be signed by the subdivider and trustee or mortgagee, and shall be duly acknowledged before some officer, authorized to take acknowledgments to deeds. All cloth prints and transparent copies shall contain such signatures;

(19)

A certificate signed by the surveyor or engineer who prepared the plat setting forth the source of title of the owner of the land subdivided and the court in which the last conveyance or source of title is recorded. When the land in the subdivision was acquired by the subdivider from more than one source of title, the land acquired from each source shall be indicated on the plat (see division 5 forms);

(20)

Vicinity map drawn to a scale of 600 feet to the inch;

(21)

Delineated boundaries of the Chesapeake Bay Resource Protection Area, floodplains and dam break inundation zones;

(22)

The area covered by the primary drainage field and the reserve drain field for septic tanks;

(23)

The location of any grave, object or structure marking a place of burial;

(j)

Application; approval or disapproval. Copies of the final plat and other exhibits required for approval showing all or any part of a subdivision planned for immediate development shall be prepared as specified herein and shall be submitted to the agent within one year after tentative approval of the preliminary plat. The agent may extend this time for no more than one additional year to allow completion of construction plans pursuant to section 86-432 of this Code, or to allow completion and certification of improvements pursuant to sections 86-432 of this Code. Extensions beyond one additional year may be granted only by the board of supervisors. The commission or other agent may not delay the official submission by requiring pre-submission conferences, meetings, or reviews. Tentative plat approval shall become null and void at such time and in the manner prescribed by the Code of Virginia. The agent shall act on the final plat, as dictated by the Code of Virginia, § 15.2-2259, within 60 days after it has been officially submitted for approval by either approving or disapproving such plat in writing, and giving with the latter specific reasons therefor. Specific reasons for disapproval may be contained in a separate document or may be written on the plat itself, and shall relate in general terms such modifications or corrections as will permit approval of the plat. If the agent fails to approve or disapprove the plat within 60 days, the subdivider, after ten days' written notice to the agent, may petition the circuit court of the county to decide whether the plat should or should not be approved. The court shall hear the matter and make and enter such order with respect thereto as it deems proper, which may include directing approval of the plat. In no case shall the agent give approval for recording a greater number of lots than permitted under the zoning ordinance.

(k)

Recording final plat. 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 six months after approval thereof; otherwise such approval shall become null and void. However, in any case where construction of public facilities has commenced or a surety has been approved or furnished for the construction of such facilities then the time for plat recordation shall be extended to one year after final approval or to the time limit specified in the surety agreement, whichever is greater.

(1)

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.

(2)

As prescribed by the Code of Virginia, § 15.2-2209.1, any subdivision plat valid under Code of Virginia, § 15.2-2260 and outstanding as of January 1, 2017 shall remain valid until July 1, 2020.

(Ord. No. 09-21R2, Att. A, 9-27-2021)

State Law reference— Standards for plat details, Code of Virginia, § 15.2-2241(1); plat of proposed subdivision and site plans to be submitted for approval, Code of Virginia, § 15.2-2258; recordation of plat, Code of Virginia, § 15.2-2264 et seq. Preliminary plat, Code of Virginia, § 15.2-2260.

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.

(Ord. No. 09-21R2, Att. A, 9-27-2021)

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

(Ord. No. 09-21R2, Att. A, 9-27-2021)

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

(Ord. No. 09-21R2, Att. A, 9-27-2021)

An approved and recorded plat of subdivision, or part thereof, may be vacated after the sale of any lot by utilizing one of the two methods specified in Code of Virginia, § 15.2-2272 and subsequent amendments thereto. The effects of such are outlined in Code of Virginia, § 15.2-2274.

(Ord. No. 09-21R2, Att. A, 9-27-2021)

As provided in the Code of Virginia, § 15.2-2275, the boundary lines of any lot or parcel of land may be vacated, relocated or otherwise altered as a part of an otherwise valid and properly recorded deed or plat of subdivision or resubdivision. 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.

(Ord. No. 09-21R2, Att. A, 9-27-2021)

The Code of Virginia, § 15.2-2276 dictates, when a recorded plat, or any part thereof, has been vacated, the clerk of the county circuit court 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 same to the volume and page in which the instrument of vacation is recorded.

(Ord. No. 09-21R2, Att. A, 9-27-2021)

As allowed by Code of Virginia, § 15.2-2273, the board shall establish a fee, not exceeding $150.00, for processing an application for vacation of plat.

(Ord. No. 09-21R2, Att. A, 9-27-2021)

(a)

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.

(b)

A violation of any provision of this chapter shall constitute a class 1 misdemeanor, unless otherwise specifically provided for in this chapter. The violation of any provision of this article shall be punished by a fine of not more than $1,000.00 for each lot or parcel of land subdivided or transferred or sold in violation thereof; 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. The county may, notwithstanding the imposition of any fine in accordance with this section, seek equitable relief to enjoin any violation of this article, in any court of competent jurisdiction.

(Ord. No. 09-21R2, Att. A, 9-27-2021)