The term "subdivision" means the division of a parcel of land into two or more lots or parcels for the purpose of transfer of ownership or building development, or, if a new street is involved in such division, any division of a parcel of land. The term includes re-subdivision and, when appropriate to the context, shall relate to the process of subdividing or to the land subdivided and solely for the purpose of recordation of any single division of land into two lots or parcels, a plat of such division shall be submitted for approval in accordance with this ordinance.

The effect of this ordinance shall be consonant with the objectives of the Town to assure the orderly subdivision of land and its development, to coordinate the development of streets within and contiguous to any subdivision, to establish adequate provisions for water, sewer, drainage, flood control and other public purposes, to promulgate acceptable physical standards and criteria for subdivision improvements, to provide for dedication of public rights-of-way, and to serve in implementing the adopted Comprehensive Plan, Official Map, Zoning Ordinance and other land use plans.

Nothing in this ordinance shall be deemed to require any change in or invalidation of final subdivision plats previously approved and of record prior to the effective date of this ordinance.

Requirements shall be met in order to be in compliance with article III of this Land Development Ordinance.

(a)

Conformity. No person, corporation or other entity shall divide or subdivide, or cause a subdivision to be made, by deed or plat, of any tract of land located within the Town, except in conformity with the provisions of this ordinance.

(b)

Plat required. Whenever the owner of any tract of land located within the Town desires to subdivide the same, the owner shall submit a plat of the proposed subdivision with reference to known or permanent monuments to the Planning and Zoning Administrator, in accordance with the requirements of this ordinance. The plat shall be signed by all persons having any real property interest in any land included within the subdivision, including required rights-of-way.

(c)

Recordation of subdivision plat. No owner shall subdivide land without making and recording a final subdivision plat of such subdivision in the office of the clerk of the circuit court of the County, and no such plat of any subdivision shall be recorded unless and until it shall have been submitted to and approved by the Planning Commission in accordance with the regulations set forth in this ordinance.

(d)

Land transfers. No person, shall sell or transfer any land of a subdivision, before a plat of such subdivision has been duly approved, bonded, and recorded as provided herein.

(e)

Legal partitioning. Nothing in this ordinance shall affect the power of a court of equity to order that property be partitioned.

The administration and enforcement of this ordinance shall be vested in the Town Council, Planning Commission and the Planning and Zoning Administrator. The Planning and Zoning Administrator or other official as delegated by the Planning and Zoning Administrator is designated as the subdivision agent for the Town of Windsor and is hereby authorized to administer this ordinance. The roles of the Town Council, Planning Commission, and the Planning and Zoning Administrator are described in general in article I.

(a)

Surety review. The Town Manager with consultation with the Planning and Zoning Administrator and the Town Attorney, shall review forms of required surety and shall act to approve bonds and/or letters of credit adequate to ensure that infrastructure is put in place and any and all subdivision agreements required by this ordinance.

(b)

Other agencies. In performance of their respective duties to this ordinance, the Planning and Zoning Administrator and Planning Commission may request and consider the comments of Town staff, as well as other applicable public agencies and officials, in making recommendations and decisions on all subdivision plats. A traffic impact analysis or subsequent traffic impact document may be required by the Town subject to VDOT regulations in the review of applicable subdivisions. Any well or septic system shall be approved by the County Health Department prior to approval of the final plat.

Any developer who violates any provision of this section shall be guilty of a misdemeanor, punishable by a fine not more than $100.00 for each dwelling unit proposed in the final development plan.

The Planning and Zoning Administrator or other official as delegated shall act as the subdivision agent pursuant to the Code of Virginia (1950 as amended) and the various ordinance requirements within this ordinance.

Specific items and language shall be placed on all plats.

(a)

Subdivision plats. Subdivision plats shall be clearly and legibly drawn in ink. A blank oblong space three inches by five inches shall be reserved on the cover sheet and a one-inch-by-five-inch space shall be reserved on subsequent sheets for use of the approving authority.

(b)

Subdivision names. Subdivision plats shall show the name of the subdivision; the accurate location and dimensions by bearing said distances with all curve data on all lots and street lines and center lines of streets; boundaries of all proposed or existing easements, parks, school sites or other public areas; the number and area of all building sites; all existing public and private streets, their names, numbers, widths; existing and proposed easements for water, sewer, gas, power, telephone and other utilities; watercourses and their names; and names of owners and their property lines, both within the boundary of the subdivision and adjoining boundaries.

(c)

Field surveys required. Distances and bearings shown on the plat shall be derived from field surveys with a minimum closure accuracy of not less than one in 10,000.

(d)

Application by owner. An application shall be made by the owner(s) of the property on the approved application form of the Town with the requisite processing fee.

(e)

Copies of plats. With the application the applicant shall submit at least five copies of the plat for all subdivisions including resubdivisions and family transactions. The Subdivision Agent will require more copies of a preliminary or final plat for minor and major subdivisions and the applicant or applicant's surveyor shall inquire as to the number necessary prior to formal application. All plats shall be at a scale and size acceptable to the Subdivision Agent and the Clerk of Courts Office of the County. The plat will contain the following information:

(1)

Parcel lines. Any existing parcel lines that are proposed for removal or relocation shall be clearly annotated in a different shade of ink upon the plat and noted as such in a legend or otherwise noted in an acceptable manner to the Subdivision Agent;

(2)

Distances and bearings. The distances and bearings shown on the plat shall be derived from field surveys with a minimum closure accuracy of not less than one in 10,000;

(3)

Curvatures. The data of all curves along the street frontages shall be shown in detail at the curve or in a curve data table containing the following: delta, radius, and arc;

(4)

Surveyor's certificate. Every subdivision plat shall be prepared by a surveyor or engineer duly licensed by the Commonwealth of Virginia, who shall endorse upon each plat a certificate signed by him setting forth the source of the title 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 tract, within an insert block or by means of a dotted boundary line upon the plat; and

(5)

Owner's statement. Every such plat, or the deed of dedication to which plat is attached, shall contain a statement to the effect that "the above and foregoing subdivision of (here insert the correct description of the land subdivided) as appears in this plat is with the free consent and in accordance with the desire of the undersigned owners, proprietors, and trustees, if any," which shall be signed by the owners, proprietors, and trustees, if any, and shall be duly acknowledged before a Notary Public or other such officer authorized to take acknowledgments of deeds, and, when thus executed and approved as herein specified, shall be filed and recorded in the office of the Clerk of the County circuit court, and indexed under the names of the landowners signing such statement and under the name of the subdivision.

The creation or resubdivision of lots shall meet these specific general requirements.

(a)

Usable lots. The lot design, arrangement, and shape shall be such that lots will provide satisfactory and desirable sites for buildings, be properly related to topography, and provide convenient and safe access.

(b)

Floodways. Land subject to flooding and land deemed to be topographically unsuitable shall not be platted for residential occupancy, nor for such other uses as may increase danger of health, life, property, aggravate erosion, or be a flood hazard. Such land within a subdivision area shall be used as common open space or other uses that would not be endangered by periodic or occasional inundation or shall not produce conditions contrary to public welfare.

(c)

Grading. The site development plan shall be designed to minimize the amount of grading required for development. To the extent feasible, the natural lay of the land shall be maintained except where grading is required for public health or safety.

(d)

Natural amenities. The developer shall make every reasonable effort to protect and preserve the natural amenities of the site such as tree cover, waterways, scenic overlooks, etc. The site development plan shall be designed to maximize the use and enjoyment of natural amenities by project residents.

The general specifications and requirements set forth in this section shall be followed.

(a)

Lot size. Residential lot size shall be in accordance with the lot requirement for the zoning district in which the subdivision is to be located as prescribed in article II of this chapter.

(b)

Lot lines and lot shape. The lot arrangement, design and shape shall be such that lots will provide satisfactory and desirable sites for buildings, and be properly related to the topography, and conform to the requirements of these regulations. Lots shall not contain peculiarly shaped elongations just to provide necessary square footage by adding area that would be unusable for normal purposes. Property lines of adjoining property shall be shown on all major and minor subdivision final plats.

(c)

Legal description. A legal description of the lot(s) that are included within the proposed subdivision including portions of existing parcels shall be shown on the subdivision plat.

(d)

Lot side lines. Side lines of lots shall be approximately at right angles or radial to the street line.

(e)

Street frontage. Each lot shall abut a developed public street dedicated by the subdivision plat, or on a street which has become public by right of use.

(f)

Remnants. Land subject to flooding, land deemed to be topographically unsuitable for residential occupancy and all remnants of lots below minimum size left over after subdividing a tract shall be added to adjacent lots, or become the property of a homeowners' association rather than be allowed to remain as unusable parcels.

(g)

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

(h)

Block width. Blocks shall be wide enough to allow tiers of lots of minimum depth, except where fronting on major streets, 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.

(i)

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

(j)

Street design and standards. The following will govern the design of subdivision streets:

(1)

VDOT standards. All new subdivision streets or extension of existing streets that are meant to serve more than three new parcels must meet all required right of way widths, pavement dimension and surfacing, subgrade and base material, found in the Virginia Department of Transportation's Subdivision Street Requirements except as noted in this ordinance;

(2)

Street alignment and layout. The arrangement of streets in new subdivisions shall make provision for the continuation of existing streets in adjoining areas. The street arrangement must be such as to cause no unnecessary hardship to owners of adjoining property when they plat their own land and seek to provide for convenient access to it. Where, in the opinion of Town Council or its Subdivision Agent, it is desirable to provide for street access to adjoining property, proposed streets shall be extended by dedication to the boundary line of such property. Half streets along the boundary of land proposed for subdivision may not be permitted. Wherever possible, streets should intersect at right angles. In all hillside areas, streets running with contours shall be required to intersect at angles of not less than 60°, unless approved by the Planning and Zoning Administrator;

(3)

Cul-de-sacs. Streets designed to have one end permanently closed must be terminated by a turnaround of not less than 55 feet in radius;

(4)

Alleys. Alleys should be avoided whenever possible. If approved, the right-of-way will be not less than 20 feet;

(5)

Privates streets in certain major and minor subdivisions. The following items apply for Private Street Subdivisions for Townhouse and Apartment developments:

a.

Annotations on plats. Any streets that are to remain privately owned shall be clearly marked as such with an annotation on the plat that the street or portion of the street is privately maintained and will not be maintained by the Virginia Department of Transportation or the Town;

b.

Home owners association. A home owners association shall be put in place with membership and membership dues adequate to maintain the private street; and

c.

Engineer certification. All private streets that serve more than three lots shall require a certification that the private street is/has been built to VDOT Subdivision Street Standards as for compaction, surfacing composition and depth. Street width shall meet VDOT Subdivision Standards except when approved otherwise as part of a proffer for a rezoning or as a requirements or condition to a conditional use permit.

(6)

Street names. Proposed streets which are obviously in alignment with other already existing and named streets shall bear the names of the existing streets. Proposed street names for new streets shall be indicated on the preliminary and final plats and shall be reviewed and approved by the Planning and Zoning Administrator after consultation with the County Emergency Management for coordination with the E-911 system. Names of existing streets shall not be changed except by specific approval from Town Council; and

(7)

Street identification signs. Street identification signs of an approved design shall be installed at the developer's expense at all intersections.

(k)

Curbs and gutters. Curbs and gutters shall be installed for all streets subject to the following provisions:

(1)

Entrances. Curbs, gutters, and sidewalks shall be constructed such that there will be a driveway entrance for each lot. Commercial properties and properties with larger street frontages may be modified to permit more entrances subject to approval by the Town Manager and the Virginia Department of Transportation; and

(2)

Installation. Concrete curbs and gutters shall be installed on both sides of all streets shown on the subdivision plat in accordance with Virginia Department of Transportation's Subdivision Street Requirements. In the case of newly platted streets in a subdivision in which each lot contains one acre or more, curb and gutter is not required, but the development plan must provide storm drainage provisions satisfactory to the Town Council.

(l)

Sidewalks. Concrete sidewalks shall be installed to serve all lots in a subdivision and installed in front of the subdivision.

(m)

Reserve strips. There shall be no reserve strips controlling access to public streets.

(n)

Monuments. Subdivisions shall utilize the following monumentation:

(1)

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

(2)

Location-steel pins. All streets corners, all points where the street line intersects the exterior boundaries of the subdivision, at right angle points, and points of curve in each street, and all other lot corners shall be marked with a steel pin not less than three-quarters inch in diameter and 24 inches long and driven so as to be flush with the finished grade. When rock is encountered, a hole shall be drilled four inches deep in the rock, into which shall be cemented a steel rod one-half inch in diameter, the top of which shall be flush with the finished grade line.

(o)

Underground utilities. All utilities within any new major or minor subdivision, or the further development of such existing subdivisions, shall be served by underground utilities. This requirement may be waived by the Subdivision Agent if so approved by the Town Council.

(p)

Reservation of land for public purposes. Subdividers of residential subdivisions may set aside land for buffers, open space, parks, playgrounds, schools, libraries, municipal buildings, and similar public and semipublic uses subject to provisions of this ordinance or from proffered conditions for a rezoning or pursuant to conditions of a conditional use permit. The Code of Virginia and applicable federal law and regulations shall guide these activities in addition to the following:

(1)

Such land shall be shown on the final plat, by dotted lines and dotted numbers, the area and dimensions of lots to be created and any other relevant amenities within the boundaries of the subdivision; and

(2)

Nothing herein shall be construed to mean that land may be set aside for commercial or industrial purposes in a residential district, without the land so required for commercial use being zoned appropriately in accordance with this chapter.

(q)

Annotation. The action of the Subdivision Agent shall be noted on all copies of the plat to be retained as required for records or further action by the Subdivision Agent, or other affected Town, County, and Commonwealth of Virginia agencies.

(r)

Recordation of plat. The approved plat shall be recorded in the office of the clerk of the County circuit court within six months after final approval and a copy of the clerk's receipt for such filing shall be sent to the Town Planning and Zoning Administrator, otherwise the Subdivision Agent shall mark the plat "void" and return the same to the subdivider. No lot shall be sold, no zoning permit for its usage or any construction shall be issued until the plat has been approved and properly recorded.

Specific requirements for utilities shall be met for all subdivisions except as noted.

(a)

Sanitary sewers. The Planning Commission shall not approve any major subdivision as defined in this article, where sanitary sewers are not provided. For the other types of subdivisions, where connection to existing sewer systems is not feasible, the developer shall provide community water and sewer systems, or make provisions for individual well and septic systems, subject to Virginia Department of Health requirements and as approved by the Planning and Zoning Administrator.

(b)

Public water and/or public sewer. Public water and/or public sewer service shall be extended to all lots within a subdivision by the developer at the developer's expense except as noted for sanitary sewers in section 160-84(a).

(c)

Fire hydrants. Fire hydrants shall be provided throughout those developments that have either public or private water systems. Those developments that utilize individual wells shall ensure that a public hydrant is positioned at the nearest possible location to the development.

(d)

Flood control and drainage. If any portion of the proposed subdivision is determined by the Subdivision Agent to be in the 100-year floodplain, the subdivider shall provide the necessary information to demonstrate that the presence of the 100-year floodplain was considered in the layout of the subdivision. The subdivider shall also provide the plans for meeting the statewide stormwater management criteria or alternate criteria adopted by the Town Council. The flood control and drainage information shall include a properly certified engineer's or surveyor's statement that such improvements, when properly installed, will be adequate to meet the criteria as applied to the proposed development.

(e)

Utility easements. The Town Council or the Subdivision Agent may require easements for drainage through adjoining property be provided by the subdivider. Easements of not less than ten feet in width shall be provided for water, sewer, power lines, and other utilities to serve the subdivision when required.

(f)

Parking. Off-street parking subject to the requirements of section 160-64 shall be shown on all plats where said section requires more than two spaces per lot. Wherever feasible, parking areas should be designed to preserve natural amenities and shall avoid excessive concentrations of pavement by scattered landscaping and tree planting.

In order to ensure that the amenities and requirements of this ordinance be properly installed, put in place, and/or maintained, the subdivider may place surety on the amenity or requirement if recordation of the subdivision is desired prior to the amenity/requirement being installed or put in place. This surety shall be either in the form of a cash bond, surety bond or letter of credit. All instruments of surety and contracts thereto shall be approved by the attorney for the Town and be made acceptable to the Town Manager.

The General Assembly has determined that the lands and waters comprising the watersheds of the Commonwealth of Virginia are great natural resources that are being adversely affected by the rapid shift in land use from agricultural to nonagricultural uses. The General Assembly found it necessary to establish and implement the Virginia Erosion and Sediment Control Law.

(a)

Subdivision development included as land-disturbing activity. Any subdivision development disturbing 10,000 or more square feet of land for commercial or noncommercial uses shall be deemed a land-disturbing activity, as that term is defined in the Code of Virginia (1950), as amended.

(b)

Erosion and sedimentation plan required. At the time of filing the final plat, an erosion and sedimentation control plan must also be filed in accordance with the County Erosion and Sediment Control Ordinance and the provisions of the Virginia Erosion and Sediment Control Law.

Certain types of subdivisions have specific requirements for the review and approval of their final plats.

(a)

Re-subdivisions. Property may be re-subdivided to eliminate, relocate or otherwise alter a lot line without the formal vacation of a recorded plat provided that the re-subdivision does not involve the relocation or alteration of streets, alleys, public rights of way, easements for public access, easements for utilities and public infrastructure, and easements for public use or common areas.

(1)

Conformity. The intent of a re-subdivision is to create a usable conforming lot or lots from non-usable or nonconforming lots. As long as no parcel that is being combined is made more nonconforming to the underlying Zoning District, the re-subdivision can be approved if it otherwise meets the requirements of this ordinance and the Zoning Ordinance.

(2)

Validity of other plats. The approval of a re-subdivision of land does not extend the period of validity of the final Subdivision Plat in which the re-subdivided lot is located.

(3)

Subdivision Agent's approval. The Subdivision Agent shall review the proposed re-subdivision and determine if it meets the requirements of the Zoning Ordinance and the platting requirements of this ordinance as outlined below:

a.

Improvements. In addition to the platting requirements, the following improvements are required when applicable:

1.

Right of way. In situations where a public street has inadequate right of way width, a reservation of future right of way for street improvement equal to 25 feet from the centerline of the street shall be provided;

2.

Sidewalks. In situations where there are no sidewalks for the lot(s) to be resubdivided, sidewalks or the bonding/surety to construct the sidewalk shall be provided prior to approval by the Subdivision Agent; and

3.

Streetlights. In situations where there are no streetlights on the lot(s) to be resubdivided that otherwise would be required under the Town's streetlight policy, streetlights or the bonding/surety to install the streetlights shall be provided prior to approval by the Subdivision Agent.

(b)

Family transaction subdivisions. Property may be subdivided pursuant to lot area and dimension requirements of the Zoning Ordinance for immediate family members as defined by § 15.2-2244, Code of Virginia (1950), as amended, and as such are nominally exempt from other requirements of this article.

(1)

One-time transfer. No fee simple owner of the original lot or parcel shall have made, within the Town, under the provisions of this chapter or under the provisions of any other local law passed pursuant to § 15.2-2241, Code of Virginia (1950), as amended, any other sale or gift of land to any of the immediate family members to whom property in the family subdivision is to be conveyed within the Commonwealth of Virginia.

(2)

Access. If the original lot or parcel does not front on a publicly dedicated, recorded, and maintained street, it shall have a reasonable right-of-way not less than 15 feet in width providing ingress and egress to a dedicated, recorded public street or thoroughfare ("subdivision access"). Each lot or parcel created by the family subdivision, including the remainder, shall front on a right-of-way not less than 50 feet in width providing ingress and egress to the subdivision access. While said rights-of-way need not be exclusive, or developed to public street standards, it shall be a requirement of family subdivision approval that they be developed so as to provide at a minimum an all-weather surface of rock, stone, or gravel with a minimum depth of three inches and a minimum width of ten feet.

(3)

Improvements. The following improvements are required where applicable and must be provided or bonded to be provided before a family parcel can be conveyed pursuant to other Town policies:

a.

Sidewalks. If the proposed lot does not have an existing sidewalk, sidewalks shall be provided along the new and existing lots as well as along the front of the property;

b.

Streetlights. Streetlights as specified in the Town streetlight policy (see the general section) shall be installed;

c.

Adequate right of way. Appropriate additional right of way shall be provided in situations where there is inadequate street right of way width. However, no more than one half of the deficit right of way shall be required for the new family parcel or the former parcel; and

d.

Sewer. Such lots shall comply fully with every other provision of law, including, but not limited to, the Zoning Ordinance and Health Department regulations concerning sewage disposal and wells for single-family residences.

(4)

Three year duration. Lots created under this section shall be titled in the name of the immediate family member for whom the subdivision is made and shall remain under ownership by this family member for a period of no less than three years unless such lots are subject to an involuntary transfer such as by foreclosure, death, judicial sale, condemnation, or bankruptcy. Said involuntary transfer must be documented to the Planning and Zoning Administrator.

(5)

Deed required. The plat shall be accompanied by a deed or deeds conveying fee simple title to each lot or parcel other than the remainder to an immediate family member, and said deed or deeds shall be executed and recorded simultaneously with the plat.

(6)

Affidavit. Each grantor and grantee must execute and record an affidavit to the effect that the transfer is not for the purpose of circumvention of this chapter, but instead is intended to provide separate places of residence for the grantees within the boundaries of the original parcel; and to the effect that the family subdivision is in compliance with all other requirements of this chapter.

(7)

Effect on minor and major subdivisions. It is noted that where lots from non-immediate family members have occurred or are proposed, the lots of immediate family members will be counted in the determination of minor and major subdivisions as defined in the following sections.

(8)

Required statement. The following statement shall be made, signed and notarized on any and all such plats:

"This plat is a family transaction as prescribed under the Code of Virginia between________________, the ________ to _____________, his/her _________. This is the only parcel of land that has ever been transferred to the _____________ (mother/father, son/daughter, spouse, etc.) from the owner(s) under this provision. It is understood and sworn to that this property may not be transferred in the next three (3) years unless good cause can be shown to the Town of Windsor due to involuntary transfer such as by foreclosure, death, judicial sale, condemnation, or bankruptcy.

(9)

Circumvention. In the event the Planning and Zoning Administrator determines that a family subdivision has been used to circumvent this chapter, the Zoning Administrator shall initiate the vacation of all or part of the plat or plats of the original lot or parcel to the extent necessary to correct the violation, as provided in section 160-89.

(c)

Minor subdivisions. The subdivider shall submit five or more copies of the minor subdivision plat and the requisite application along with any other required information to the Planning and Zoning Administrator for processing, along with the appropriate subdivision plat review fee. If the Planning and Zoning Administrator finds that the proposed subdivision meets all requirements set forth below, then the proposed plat shall be certified as being a minor subdivision and can be approved for recordation by the subdivision following the outlined procedures:

(1)

Five lots. A tract or parcel of land shall not be divided into more than five lots and remain a minor subdivision. All lots shall front upon an existing public street within the Virginia Department of Transportation road system and not involving a new street or the extension of any existing street. Any contiguous property owned by the same individual(s) or corporation cannot be subdivided into greater than five lots without meeting the requirements for a major subdivision;

(2)

Compatibility. The minor subdivision shall not adversely affect development of the remainder of the tract or parcel or of any other adjoining property;

(3)

Application process. The following shall be the procedure for the consideration of a minor subdivision:

a.

Application. A subdivision application (whether for a preliminary or final plat) meeting the foregoing requirements shall be filed with the Zoning Administrator along with 12 plats of the proposed subdivision:

b.

Plat required showing the following:

1.

Scale-accurate proposed development plan mapping of the project to include:

i.

Proposed land uses, including residential types, commercial types, recreation, and any other proposed use;

ii.

Proposed street system, including public and private rights-of-way;

iii.

Proposed parking areas and parking space delineations sufficient to meet the parking requirements of section 160-64 (where applicable);

iv.

Proposed plat showing subdivision lot lines;

v.

Proposed utility rights-of-way or easements, including water, sewer, gas, power, and telephone, and cable TV;

vi.

Proposed location of buildings, structures, and improvements (for commercial and industrial subdivisions); and

vii.

Proposed pedestrian circulation system (for commercial and industrial subdivisions).

2.

Names and addresses of all adjacent property owners (addresses of owners may be shown separate from the proposed plat); and

3.

Quantitative data, including the number and type of dwelling units, parcel sizes, gross and net residential densities, total amount and percentage of open space, residential, commercial, and other land use types including proposed building types, architectural styles when applicable based on proffered conditions of rezoning or ordinance requirements, height, and floor area.

(4)

Improvements. The following improvements are required where applicable and must be provided or bonded or with surety to be provided before a minor subdivision can be approved:

a.

Sidewalks. If the proposed lot does not have an existing sidewalk, sidewalks shall be provided along the new and existing lots as well as along the front of the property;

b.

Streetlights. Streetlights as approved by the Town streetlight policy shall be installed; and

c.

Adequate right of way. Appropriate additional right of way shall be provided in situations where there is inadequate street right of way width. However, no more than one-half of the deficit right of way shall be required for the new family parcel or the former parcel.

(5)

Annotation. In addition to the general platting requirements, the plat shall be annotated as a "minor subdivision plat";

(6)

Review. After the minor subdivision plat and related materials have been submitted, it shall be reviewed by the Subdivision Agent and other affected Town, County, and Commonwealth agencies to ensure conformity with this chapter and other applicable regulations. The Subdivision Agent shall act upon the minor subdivision plat, as submitted or as modified by the subdivider within 90 days of its original application date of submission. The original application date of submission is considered to be the date in which all required information needed to process the minor subdivision application is submitted to the Subdivision Agent of the Town;

(7)

Approval agent. The Subdivision Agent shall be the approval authority for minor subdivisions. If a plat is approved, the Subdivision Agent shall certify such approval by signing the plat. If disapproved, the Subdivision Agent shall advise the subdivider of such action and shall indicate the reasons for denial; and

(8)

Appeal of denial. The decision of the Subdivision Agent to disapprove the proposed minor subdivision application may be appealed to the Planning Commission within 60 days of the written disapproval of the request.

(d)

Major subdivisions. A major subdivision is any subdivision consisting of six or more lots from a parent parcel or tract of land or any subdivision involving a new street or the extension of any existing street. For any application submitted for consideration for a major subdivision approval, the plat must be annotated as a major subdivision and indicate the number of lots to be formed by the proposed subdivision.

(1)

Relation to site-plan review. Prior to or concurrent with the final subdivision application for a major subdivision will be the site-plan review process that is required by the Zoning Ordinance (section 160-66).

(2)

Preliminary subdivision application. The applicant shall in most cases submit a preliminary plat for review and approval/denial/amendment by the Planning Commission. If in the judgment of the Subdivision Agent and with the concurrence of the applicant, the preliminary subdivision may be waived if a prior proffered site-plan or conceptual plan had been approved as part of a rezoning and if there are no major deviations from the proffered site-plan or conceptual plan envisioned within the proposed major subdivision.

(3)

Improvements. In addition to any improvements required as part of a proffered rezoning when applicable, the following improvements must be provided or bonded or with surety to be provided if a major subdivision is to be approved:

a.

Sidewalks. If the proposed lot does not have an existing sidewalk, sidewalks shall be provided along the new and existing lots as well as along the front of the property;

b.

Streetlights. Streetlights and in some cases decorative lighting subject to the lighting plan approved by the Town, and as approved as part of the Zoning site plan process shall be installed or bonded or with surety to be installed; and

c.

Appropriate right of way. Appropriate additional right of way shall be provided in situations where there is inadequate street right of way width on existing public streets bounded only on one side by the proposed major subdivision. In these cases and subject to any requirements from the Virginia Department of Transportation, no more than one-half of the deficient right of way shall be required for the new lot(s). If the public street is bounded on both sides by the lots from the major subdivision, then the appropriate right of way width must be provided.

(4)

Application process. The following shall be the procedure for the consideration of a major subdivision:

a.

Application. A subdivision application (whether for a preliminary or final plat) meeting the foregoing requirements shall be filed with the Zoning Administrator along with 12 plats of the proposed subdivision;

b.

Plat showing the following:

1.

Scale-accurate proposed development plan mapping of the project to include:

i.

Proposed land uses, including residential types, commercial types, recreation, and any other proposed use;

ii.

Proposed street system, including public and private rights-of-way;

iii.

Proposed parking areas and parking space delineations sufficient to meet the parking requirements of section 160-64;

iv.

Proposed plat showing subdivision lot lines;

v.

Proposed utility rights-of-way or easements, including water, sewer, gas, power, and telephone, and cable TV;

vi.

Proposed location of buildings, structures, and improvements; and

vii.

Proposed pedestrian circulation system.

2.

Names and addresses of all adjacent property owners (addresses of owners may be shown separate from the proposed plat); and

3.

Quantitative data, including the number and type of dwelling units, parcel sizes, gross and net residential densities, total amount and percentage of open space, residential, commercial, and other land use types including proposed building types, architectural styles when applicable based on proffered conditions of rezoning or ordinance requirements, height, and floor area.

(5)

Environmental plans. Two copies of the proposed drainage plan and erosion and sediment plan as required by the Town and the County.

(6)

Landscaping plan. Proposed landscaping plan including the proposed treatment of the project perimeter, such as screening or landscaping.

(7)

Streetlights. Streetlights as specified in the Town streetlight policy shall be shown and installed per the Town specifications.

(8)

Intent statement. A statement of intent regarding future selling or leasing of land areas, dwelling units, commercial area, etc.

(9)

Phasing. An approximate development schedule, including dates of proposed construction beginning and completion and staging plan, if appropriate.

(10)

Approvals. Approvals from the Virginia Department of Transportation including the approval of the Transportation Impact Analysis and if appropriate, the County Department of Health.

(11)

Other documents. Proposed agreements, provisions, or covenants which govern the use, maintenance, and continued protection of property to be held in common ownership.

In cases where preliminary subdivision approval is required or warranted on a major subdivision, the Planning Commission shall within 60 days after its receipt by the Commission at a regular meeting, make a decision on the preliminary subdivision plat application.

(a)

Preliminary plat. The subdivider shall present to the Planning and Zoning Administrator, at least 15 copies of the proposed preliminary plat at an approved scale. The preliminary plat shall include the following information:

(1)

Information. Name of subdivision, owner, subdivider, surveyor, or engineer, date of drawing, number of sheets, north point and scale;

(2)

Proximity map. Location of the proposed subdivision by an insert map at a scale of not less than one inch equals 2,000 feet showing adjoining roads, their names and number, towns, subdivision, and other landmarks;

(3)

Boundary survey. The boundary survey or existing survey of record, provided such survey shows a closure with an accuracy of not less than one in 2,500; total acreage of subdivided area; number and approximate area and frontage of all building sites; existing buildings within the boundaries of the tract; names of owners and their property lines within the boundaries of the tract, and adjoining such boundaries;

(4)

Existing streets. All existing, platted, and proposed streets, their names, numbers, and widths; existing utility or other easements; public areas, and parking spaces; culverts, drains, watercourses, their names; and other pertinent data;

(5)

Public use. All parcels of land to be dedicated for public use and the conditions of such dedication;

(6)

Topography. Topography at an appropriate interval; and

(7)

Drainage plans. Provisions for collecting and discharging surface drainage and preliminary designs of any structure that may be required.

The Planning Commission shall within 60 days after its receipt by the Commission at a regular meeting, make a decision on the final subdivision plat application. Where applicable, the final plat shall be in substantial compliance with the preliminary plat approval and shall meet all requirements of this ordinance for a final plat as well as any and all proffered conditions or approved conditions of a conditional use permit. The decision by the Planning Commission shall be to:

(1)

Recommend approval of the plat as presented and authorize the applicant to submit final plats subject to final plat approval; or

(2)

Recommend approval of the plat with the recommended revision from the Planning Commission and authorize the applicant to submit the final plat with the revisions subject to section 160-87; or

(3)

Recommend disapproval giving explicit reasons for the determination that the proposed subdivision does not meet the requirements of the Subdivision Ordinance.

A plat may be vacated by ordinance of the Town Council on motion of one of its members or on application of any interested person. Such ordinance shall not be adopted until after notice has been given as required by § 15.2-2204, Code of Virginia (1950), as amended. Said notice shall clearly describe the plat or portion thereof to be vacated and state the time and place of the meeting of the Town Council at which the adoption of the ordinance is to be considered. An appeal from the adoption of the ordinance may be filed within 30 days with the County circuit court. Upon such appeal, the court may nullify the ordinance if it finds that the owner of any lot shown on the plat will be irreparably damaged. If no appeal from the adoption of the ordinance is filed within the time provided or if the ordinance is upheld on appeal, a certified copy of the ordinance of vacation shall be recorded in the clerk's office of the court in which the plat is recorded.

(a)

Vacation of plat after sale of lot. In cases where any lot has been sold, the plat or part thereof may be vacated according to either of the following methods:

(1)

By instrument in writing agreeing to the application signed by all the owners of lots shown on the plat and also signed on behalf of the Town Council for the purpose of showing the approval of the vacation by the Town Council. In cases involving drainage easements or streets rights-of-way where the vacation does not impede or alter drainage or access for any lot owners other than those lot owners immediately adjoining or contiguous to the vacated area, the governing body shall only be required to obtain the signatures of the lot owners immediately adjoining or contiguous to the vacated area. The word "owners" shall not include lien creditors except those whose debts are secured by a recorded deed of trust or mortgage and shall not include any consort of an owner. The instrument of vacation shall be acknowledged in the manner of a deed and filed for record in the clerk's office of any court in which the plat is recorded; or

(2)

By ordinance adopted by the Town Council on motion of one of its members or an application of any interested person. The ordinance shall not be adopted until after notice has been given as required by § 15.2-2204, Code of Virginia (1950), as amended. The notice shall clearly describe the plat or portion thereof to be vacated and state the time and place of the meeting of the Town Council at which the adoption of the chapter will be voted on. Any person may appear at the meeting for the purpose of objecting to the adoption of the ordinance. An appeal from the adoption of the ordinance may be filed within 30 days with the County Circuit Court. Upon appeal the Court may nullify the ordinance if it finds that the owner of any lot shown on the plat will be irreparably damaged. If no appeal from the adoption of the ordinance is filed within the time above provided or if the ordinance is upheld on appeal, a certified copy of the ordinance of vacation may be recorded in the clerk's office of any court in which the plat is recorded.

(b)

Vacation of roads. Roads within the secondary system of highways may be vacated under either of the preceding methods. The action will constitute abandonment of the road, provided the land shown on the plat or part thereof to be vacated has been the subject of a rezoning or conditional use permit application approved following public hearings required by § 15.2-2204, Code of Virginia (1950), as amended, and provided the Commonwealth Transportation Commissioner or his agent is notified in writing prior to the public hearing, and provided further that the vacation is necessary in order to implement a proffered condition accepted by the governing body pursuant to §§ 15.2-2297, 15.2-2298 or 15.2-2303, Code of Virginia (1950), as amended, or to implement a condition of conditional use permit. All abandonments or roads within the secondary system of highways sought to be effected according to either or the preceding methods before July 1, 1994, are hereby validated, notwithstanding any defects or deficiencies in the proceeding; however, property rights which have vested subsequent to the attempted vacation are not impaired by such validation. The manner of reversion shall not be affected by this section.