ORDINANCE NO. 08-14(  )

 

AN ORDINANCE TO AMEND CHAPTER 14, SUBDIVISION OF LAND, AND ARTICLE  II, ADMINISTRATION AND PROCEDURE, OF THE CODE OF THE COUNTY OF ALBEMARLE, VIRGINIA

 

BE IT ORDAINED By the Board of Supervisors of the County of Albemarle, Virginia, that Chapter 14, Subdivision of Land, and Article II, Administration and Procedure, is hereby amended and reordained as follows:

 

By Amending:

 

Sec. 14-212       Family subdivisions; conditions of approval

Sec. 14-302       Contents of preliminary plat

 

Chapter 14.  Subdivision of Land

 

Article II.  Administration and Procedure

 

Division 3.  Procedures for Rural Subdivisions, Family Subdivisions,

Boundary Line Adjustments, Vacations and Easement Plats

 

Sec. 14-212  Family subdivisions; conditions of approval

 

                Each approval of a plat for a family subdivision shall be subject to the following conditions:

 

A.        No lot may be created by family subdivision unless it has been owned by the current owner or a member of his or her immediate family for at least four (4) consecutive years immediately preceding the date the family subdivision plat is submitted under section 14-210.

 

AB.      No lot created by the family subdivision, including the residue, may be transferred, except by devise, descent or operation of law, to a person other than an eligible member of the immediate family of the subdivider, for a period of two (2) four (4) years from after the date of recordation of the plat, except for purposes of securing any purchase money and/or construction loan, including a bona fide refinancing, provided that the spouse of the member of the immediate family to whom a lot is transferred may be a co-grantee and co-owner of the lot or if the lending institution requires in writing that the spouse of the member of the immediate family be a co-grantee and co-owner of the lot.  The subdivider shall place a restrictive covenant on the lots created by the family subdivision prohibiting the transfer of the lots so created to a person who is not a member of the immediate family for the retention period after the date of recordation.  The restrictive covenant shall be subject to review and approval by the county attorney before it is recorded.  If the lot created is conveyed back to the grantor within the two (2) year period during the retention period, it shall be recombined with the parent lot within six (6) months after such conveyance and.  Nno building permits shall be issued for the lots until they are recombined. 

 

            BC.      The entrance of the principal means of access for each lot onto any public street shall comply with Virginia Department of Transportation standards and be approved by the Virginia Department of Transportation.

 

            CD.      The following note shall be added to each plat for a family subdivision: “No lot shown on this family subdivision plat may be sold or conveyed to a person other than an eligible ‘member of the immediate family,’ as that term is defined in Chapter 14 of the Albemarle County Code, for a period of two (2) years from four (4) years after the date of recordation of this plat except as authorized by section 14-212(A) of the Albemarle County Code.  If any lot created by the recordation of this plat is conveyed back to the grantor during the two (2) four (4) year period, it shall be recombined with the parent lot within six (6) months after such conveyance.”

 

(9-5-96, 1-3-96, 4-13-88, 12-21-83, 10-17-79, 8-28-74; 1988 Code, § 18-57; Ord. 98-A(1), 7-15-98; Ord. 05-14(1), 4-20-05, effective 6-20-05)

 

                State law reference--Va. Code §§ 15.2-2244(C), 15.2-2244.1.

 

Article III.  Subdivision Plat Requirements and Documents to be Submitted

 

Division 1.  Plat Requirements

 

Sec. 14-302 Contents of preliminary plat.

 

A preliminary plat shall contain the following information:

 

A.        A preliminary plat shall contain the following information, which must be included in order for a preliminary plat to be deemed complete under section 14-216(B):

 

1.         Name of subdivision.  The title under which the subdivision is proposed to be recorded.  The title shall not duplicate or be a homonym of an existing or reserved subdivision name within the county, the City of Charlottesville, or the Town of Scottsville, except if the subdivision is an extension of an existing subdivision.

 

            2.         Vicinity map.  A map at a scale of one (1) inch equal to two thousand (2,000) feet showing the property and its relationship with adjoining land and streets, its relationship with landmarks in the area and, if the subdivision is a phased subdivision, all other phases of the subdivision for which a final plat has been approved, in detail adequate to describe the location of the property without field review.

 

3.         Existing or platted streets.  The location, width and names of all existing or platted streets and all other rights-of-way.

 

4.         Private easements.  The location and dimensions of all existing and proposed private easements.  Existing easements shall be labeled with the deed book and page number and the name of the owner of record.  

 

5.         Public easements.  The location and dimensions of all existing and proposed public easements outside of a street right-of-way.  Existing easements shall be labeled with the deed book and page number and the name of the public owner of record.  Proposed easements shall be labeled as “dedicated to public use.”

 

6.         Alleys and shared driveways.  The location and dimensions of all easements for alleys and shared driveways.

 

7.         Existing and departing lot lines.  If the property consists of more than one existing lot, then the identification of the existing lots and their outlines, which shall be indicated by dashed lines; and, the location of departing lot lines of abutting lots.

 

8.         Proposed lots.  The number, approximate dimensions, and area of each proposed lot.

 

9.         Building sites on proposed lots.  The location, area and dimensions of a  building site on each proposed lot complying with the requirements of section 4.2 of the zoning ordinance.  The plat shall also contain the following note: “Parcel [letter or number] and the residue of Tax Map/Parcel [numbers] each contain a building site that complies with section 4.2.1 of the Albemarle County Zoning Ordinance.”

 

10.        Right of further division of proposed lots.  The number of lots, as assigned by the subdivider, into which each proposed lot may be further divided by right pursuant to section 10.3.1 of the zoning ordinance, if applicable.  The plat shall also contain the following note: “Parcel [letter or number] is assigned [number] development rights and may/may not be further divided and when further divided these rights shall not comprise more than [number] acres.  The residue of Tax Map/Parcel [numbers] is retaining [number] development rights and when further divided it shall not consist of more than [number] acres.”

 

                        11.        Instrument creating property proposed for subdivision.  The deed book and page number of the instrument whereby the property was created, as recorded in the office of the clerk of the circuit court of the county.

 

12.        Topography.  Existing topography at the time of plat submittal at up to twenty [20] percent slope, maximum five [5] foot contours with a contour interval that is not greater than the interval on aerial topography available from the county.  The source of topography, including survey date and name of the licensed professional; or a statement that topography data provided by the county was used.  Proposed grading (maximum five [5] foot contours), with a contour interval equal to the intervals of the existing topography,  supplemented where necessary by spot elevations; areas of the site where existing slopes are twenty-five (25) percent or greater.  Existing topography for the entire site with sufficient offsite topography to describe prominent and pertinent offsite features and physical characteristics, but in no case less than fifty (50) feet outside of the site unless otherwise approved by the agent.  For property in the rural areas zoning district, the proposed grading shall show all grading on each proposed lot, including access, clearing and all other lot improvements.

 

13.        Proposed facilities.  The location of proposed water and sewer lines and related improvements; proposed drainage and stormwater management facilities and related improvements.

 

14.        Land to be dedicated in fee or reserved.  The location, acreage, and current owner of all land intended to be dedicated in fee or reserved for public use, or to be reserved in a deed for the common use of lot owners in the subdivision.

 

15.        Identification of all owners and certain interest holders.  The names and addresses of each owner of record and holders of any easements affecting the property.

 

B.         A preliminary plat shall also contain the following information, provided that the preliminary plat shall not be deemed incomplete for purposes of section 14-216(B) if it does not include this information in the initial plat submittal:

 

1.         General information.  The date of drawing, including the date of the last revision, the number of sheets, the north point, and the scale.  If true north is used, the method of determination shall be shown.

 

2.         Name of plat preparer.  The name of the person who prepared the plat.

 

3.         Public areas, facilities or uses.  The location of all areas shown in the comprehensive plan as proposed sites for public areas, facilities or uses, as described in Virginia Code § 15.2-2232, which are located wholly or in part within the property.

 

4.         Places of burial.  The location of any grave, object or structure marking a place of burial located on the property.

5.         Zoning classification.  The zoning classification of the property, including all applicable zoning overlay districts, proffers, special use permits and variances.

 

6.         Tax map and parcel number.  The county tax map and parcel number of the property.

 

7.         Reservoir watershed; agricultural-forestal district.  A notation as to whether the land is within an Albemarle County and/or City of Charlottesville water supply watershed or an agricultural-forestal district.

 

8.         Yards.  The location of all yards required by this chapter and the zoning ordinance, which may be shown graphically or described in a note on the plat.

 

9.         Flood plain.  The location of any part of the property within the flood hazard overlay district, as set forth in section 30.3 of the zoning ordinance.

 

10.        Stream buffers.  The location of stream buffers required by section 17-317 of the water protection ordinance, with the following note:  “The stream buffer(s) shown hereon shall be managed in accordance with the Albemarle County Water Protection Ordinance.”

 

(9-5-96, 2-4-81, 8-28-74; 1988 Code, § 18-52; Ord. 98-A(1), 8-5-98; Ord. 05-14(1), 4-20-05, effective 6-20-05)

 

                State law reference--Va. Code §§ 15.2-2241(1), 15.2-2258, 15.2-2262.

 

This ordinance shall be effective on and after February 6, 2008 provided, however, that any subdivision plat submitted on or before February 5, 2008, and approved on or before June 6, 2008, may be approved under the applicable regulations in effect on February 5, 2008.

 

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