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Sunday, November 25, 2007
Wednesday, November 21, 2007
Planning Works
In other news, the consultant who is going to help us write the Comprehensive Plan has arrived. This is the one I complained about hiring, but now I think I was wrong. Focus groups started on Tuesday. The county and the consultant held all day meetings getting input about how to prepare the Land Use Map, which is required by the state to be part of the Comprehensive Plan. This is what is used to guide zoning. Without it, zoning decisions have nothing to point to as a basis. The idea is that the Land Use Map is developed by consensus with a large group of citizens, and that's what the consultant is planning to do.
They have set up a website. It is
ourplanningworks.com/pagecounty
You can sign up there to get notifications of meetings, and they will post information about the process.
It looks like a good idea, to at least have a vehicle for citizen input. There have been some things done lately that are starting to look for citizen input. Mark Belton's County Line, and the actions of our new planner, Kevin Henry, have been in line with getting involvement and providing information, and that's a good thing.
Alice
They have set up a website. It is
ourplanningworks.com/pagecounty
You can sign up there to get notifications of meetings, and they will post information about the process.
It looks like a good idea, to at least have a vehicle for citizen input. There have been some things done lately that are starting to look for citizen input. Mark Belton's County Line, and the actions of our new planner, Kevin Henry, have been in line with getting involvement and providing information, and that's a good thing.
Alice
Oh, Shenandoah! You Asked for it!
The room was packed. Like 40 citizens attended! This is not just a few for our Board. Last month it was just about 4 people! Usually, they sit there pretty much alone!
Person after person got up and told them "don't do it". Except Citizen At Large Lee McWhorter, who thought it was a great idea. The audience applauded for the "don't do its"
The vote was tense, when John Rust proposed they buy the land, and there was NOBODY TO SECOND IT! But not to be deterred from his agenda, Chairman Tommy Ray LaFrance, declared that a second was not required, and proceeded with the vote.
Charlie Hoke said No. (By the way, I'm not mad at Charlie any more.)
John "I'm 100% for the flood plain ordinance" Rust said, YES!!!
Gerald Cubbage said, No. And, he said, he had gotten more calls about this than he did about the schools.
And then we came to Carol Lee. Carol Lee said Yes. Because, she told us later, her constituents wanted it, or didn't mind it after she explained to them that it would cost more if they did it later. And now they won't have to go up to that awful "hill" any more.
Tommy LaFrance, of course, said yes. He also believed that the constituents wanted it and it was the right thing to do.
So, you see, it's not that the Board doesn't listen. They do listen! And this is what we, the voters, wanted. They were doing what they saw as the right thing, and also, those "few" people who showed up at the meeting and spoke, didn't actually represent the majority of the voters. The majority of voters were the ones who stayed home and drank beer, and just left it in their hands so they could do their jobs.
This meeting lasted until 11:30 and I'm not in the mood to describe it in any more detail right now.
Suffice it to say that this property, as it stands, would have the county office building smack dab in the middle of a flood plain. But not to worry. They're going to use fill dirt, at a cost of another $180,000 for site work, and the fill dirt will raise it up out of the flood plain. And also, this was a good price, because Cracker Barrel and Sheetz might have bought it instead. So now you get the Emerald City Government Center instead of a Cracker Barrel and a Sheetz.
So all of you Flood Plain Dwellers out there -- nothing more to worry about. Fill Dirt is the answer.
Those of you who stayed home and drank beer --- well, as John Rust pointed out, he only lost by 34 votes, so I guess he and Tommy and Carol Lee are right. Their real constituents are the ones who agree with them. Two years from now, I guess you'll just stay home and not vote, too.
Thanks to all those who got involved. Look at it this way. The vote was 3 - 2. Usually these votes are 5 - 0
Alice
Person after person got up and told them "don't do it". Except Citizen At Large Lee McWhorter, who thought it was a great idea. The audience applauded for the "don't do its"
The vote was tense, when John Rust proposed they buy the land, and there was NOBODY TO SECOND IT! But not to be deterred from his agenda, Chairman Tommy Ray LaFrance, declared that a second was not required, and proceeded with the vote.
Charlie Hoke said No. (By the way, I'm not mad at Charlie any more.)
John "I'm 100% for the flood plain ordinance" Rust said, YES!!!
Gerald Cubbage said, No. And, he said, he had gotten more calls about this than he did about the schools.
And then we came to Carol Lee. Carol Lee said Yes. Because, she told us later, her constituents wanted it, or didn't mind it after she explained to them that it would cost more if they did it later. And now they won't have to go up to that awful "hill" any more.
Tommy LaFrance, of course, said yes. He also believed that the constituents wanted it and it was the right thing to do.
So, you see, it's not that the Board doesn't listen. They do listen! And this is what we, the voters, wanted. They were doing what they saw as the right thing, and also, those "few" people who showed up at the meeting and spoke, didn't actually represent the majority of the voters. The majority of voters were the ones who stayed home and drank beer, and just left it in their hands so they could do their jobs.
This meeting lasted until 11:30 and I'm not in the mood to describe it in any more detail right now.
Suffice it to say that this property, as it stands, would have the county office building smack dab in the middle of a flood plain. But not to worry. They're going to use fill dirt, at a cost of another $180,000 for site work, and the fill dirt will raise it up out of the flood plain. And also, this was a good price, because Cracker Barrel and Sheetz might have bought it instead. So now you get the Emerald City Government Center instead of a Cracker Barrel and a Sheetz.
So all of you Flood Plain Dwellers out there -- nothing more to worry about. Fill Dirt is the answer.
Those of you who stayed home and drank beer --- well, as John Rust pointed out, he only lost by 34 votes, so I guess he and Tommy and Carol Lee are right. Their real constituents are the ones who agree with them. Two years from now, I guess you'll just stay home and not vote, too.
Thanks to all those who got involved. Look at it this way. The vote was 3 - 2. Usually these votes are 5 - 0
Alice
Saturday, November 17, 2007
The Land Gobblers
This Tuesday, November 20, at 7 p.m. at Stanley Elementary School, the Board of Supervisors will vote on the issue of purchasing the land for the new County Office Building/Government Complex. This is the land that is offered at $66,000 an acre. An explanation of the rationale behind the purchase of the land and the complex building can be found on the county website at http://www.pagecounty.virginia.gov/ Go to Our Government, and then at the bottom left you will see a menu heading for FAQs. This is where you can download the white paper. Look carefully at the section that says The Big Picture Financial Considerations. You have to read that section three or four times to get the full measure of it.
This is the public hearing for this issue, and they will vote on it the same night. If you have anything to say about this issue, please call your Supervisor, and the Supervisor Chairman, Tommy LaFrance, and then call everybody else’s Supervisor, before Tuesday night, and also come to the public hearing and speak. The phone numbers are:
Tommy LaFrance (Chairman) 743-3715 (home) and 860-1122 (cell)
Charlie Hoke (District 1) 743-9434 (home after 4 p.m.)
John Rust (District 2) 743-5316 (home)
Gerald Cubbage (District 4) 778-3227
Carol Lee Strickler (District 5) 652-3211
There are two issues here. The first is the price of the land. The county argues that this is a fair market price, and the best they can do. The land is owned by John Douglas Atwood. The land is assessed at $48,250 (compared to the purchase price of $600,000). The land is assessed at that value, even though a property across the street sold in 2004 for nearly $60,000 an acre.
Both John Rust and Tommy LaFrance can be expected to vote in favor of this. There’s not too much point in calling them, so call the others instead. Charlie Hoke is open to arguments against it. I don’t know for sure, but I believe both Carol Lee and Gerald would be open to hearing arguments against it. Carol Lee is the person most likely to vote for it, in my opinion. But phone calls from you, their constituents, would be important in helping them make their decision.
The second issue, after you stop thinking and thinking and thinking about the assessed value being $48,250 for that property, compared to the assessed value of YOUR property, is the whole concept of building a “county government COMPLEX” .
This is a wondrous thought. A fine and lovely place, where the school administration office can be, and the county offices, and who knows what else, with lots of parking. A legacy left behind by a Board that will no longer be in place when it actually happens and the bill comes in.
Then the people who live here – Chris Says, Peter Rabbit, Concern Taxpayer, P.Od Citizen, the Wizard of Odds, and all the other lovely characters we met during the last few months – including you and me – will have a fabulous place to visit when they need court documents and tax records. But they will also have tax bills that double again, in the near future. A building plan like this, combined with the shortfall of what will still be spent on the new, 75% occupied, schools and the renovation of the middle schools, will decimate the populations’ ability to pay.
The thinking behind actions like this is that “growth is coming.” The population is booming.
Growth is not coming. The roads are not conducive to bringing in jobs, the population is not growing, and for every retiree that arrives, a young person graduates from high school and leaves. The housing market is near collapse, nationwide, and the retirees who could be expected to be the only population who could move here, can’t sell their houses to do it. Those who would argue for this plan say this is a temporary situation, and we need to be prepared for when the market recovers, by taking on this enormous additional debt. Of course, if the market recovers after 15 – 20 years, we will have paid these prices during essentially a full generation, waiting.
Actions and behavior like this impact a community’s entire future. What businesses and retirees will come here, with a tax structure that forces people out of their homes, bad access roads to the county, and a questionable workforce?
We have already purchased land for a county office building. We have already paid for architects’ drawings for it on that land. We did this earlier in 2007, not a long time ago. The argument is we can use that land for something else (what? Something else that’s free, or something else that costs more money?) There is also an argument that buying this land is not a decision to go forward with the Government Complex. It’s just a great idea for the county to buy up land. At 12 times greater than its assessed value. Partially in the Flood Plain, by the way.
If you agree with this decision to buy the land, do nothing. It will be passed on Tuesday night if there is no citizen outcry. Your silence will be interpreted as agreement.
If you disagree, call Gerald, Carol Lee, and Charlie in the next few days. Come to the meeting Tuesday night and explain your opinion before the vote.
Alice
This is the public hearing for this issue, and they will vote on it the same night. If you have anything to say about this issue, please call your Supervisor, and the Supervisor Chairman, Tommy LaFrance, and then call everybody else’s Supervisor, before Tuesday night, and also come to the public hearing and speak. The phone numbers are:
Tommy LaFrance (Chairman) 743-3715 (home) and 860-1122 (cell)
Charlie Hoke (District 1) 743-9434 (home after 4 p.m.)
John Rust (District 2) 743-5316 (home)
Gerald Cubbage (District 4) 778-3227
Carol Lee Strickler (District 5) 652-3211
There are two issues here. The first is the price of the land. The county argues that this is a fair market price, and the best they can do. The land is owned by John Douglas Atwood. The land is assessed at $48,250 (compared to the purchase price of $600,000). The land is assessed at that value, even though a property across the street sold in 2004 for nearly $60,000 an acre.
Both John Rust and Tommy LaFrance can be expected to vote in favor of this. There’s not too much point in calling them, so call the others instead. Charlie Hoke is open to arguments against it. I don’t know for sure, but I believe both Carol Lee and Gerald would be open to hearing arguments against it. Carol Lee is the person most likely to vote for it, in my opinion. But phone calls from you, their constituents, would be important in helping them make their decision.
The second issue, after you stop thinking and thinking and thinking about the assessed value being $48,250 for that property, compared to the assessed value of YOUR property, is the whole concept of building a “county government COMPLEX” .
This is a wondrous thought. A fine and lovely place, where the school administration office can be, and the county offices, and who knows what else, with lots of parking. A legacy left behind by a Board that will no longer be in place when it actually happens and the bill comes in.
Then the people who live here – Chris Says, Peter Rabbit, Concern Taxpayer, P.Od Citizen, the Wizard of Odds, and all the other lovely characters we met during the last few months – including you and me – will have a fabulous place to visit when they need court documents and tax records. But they will also have tax bills that double again, in the near future. A building plan like this, combined with the shortfall of what will still be spent on the new, 75% occupied, schools and the renovation of the middle schools, will decimate the populations’ ability to pay.
The thinking behind actions like this is that “growth is coming.” The population is booming.
Growth is not coming. The roads are not conducive to bringing in jobs, the population is not growing, and for every retiree that arrives, a young person graduates from high school and leaves. The housing market is near collapse, nationwide, and the retirees who could be expected to be the only population who could move here, can’t sell their houses to do it. Those who would argue for this plan say this is a temporary situation, and we need to be prepared for when the market recovers, by taking on this enormous additional debt. Of course, if the market recovers after 15 – 20 years, we will have paid these prices during essentially a full generation, waiting.
Actions and behavior like this impact a community’s entire future. What businesses and retirees will come here, with a tax structure that forces people out of their homes, bad access roads to the county, and a questionable workforce?
We have already purchased land for a county office building. We have already paid for architects’ drawings for it on that land. We did this earlier in 2007, not a long time ago. The argument is we can use that land for something else (what? Something else that’s free, or something else that costs more money?) There is also an argument that buying this land is not a decision to go forward with the Government Complex. It’s just a great idea for the county to buy up land. At 12 times greater than its assessed value. Partially in the Flood Plain, by the way.
If you agree with this decision to buy the land, do nothing. It will be passed on Tuesday night if there is no citizen outcry. Your silence will be interpreted as agreement.
If you disagree, call Gerald, Carol Lee, and Charlie in the next few days. Come to the meeting Tuesday night and explain your opinion before the vote.
Alice
Friday, November 16, 2007
It's OUR Community Blog
There are a few things I’ve seen happening in the last few days that make me feel hopeful about the future of our community and its government.
1. The County Line, posted on the county’s own website, (http://www.pagecounty.virginia.gov/) is being published with good, possibly even excellent, explanations of the thinking and rationale behind important decisions the county government has been making. The point is not that I or any other citizen may or may not agree with the thinking. What’s important is that the thinking and rationale is explained. By offering the explanation, it allows citizens to prepare reasonable responses at public hearings. Without the information, all citizens can do is rant. With it, there is a possibility of a meaningful dialogue.
2. Planning Commissioners, (okay, ONE Planning Commissioner, but it’s a start) using their own name, are posting to this website, explaining the rationale and clarifying issues. This is tremendously helpful for citizens, as we have limited other avenues to get answers or clarification on topics discussed. By offering the insight of a commissioner, it allows the citizens to become more knowledgeable about the issues, so they can ask the right questions.
3. Anonymous posters are offering both sides of an issue. It’s not much of a debate if only one side is presented. Sometimes there is a tendency of “the party in power” to say, “I don’t need to muddy myself by answering that.” But the purpose of a public forum is to allow the public to hear both sides. If the side that has the upper hand refuses to post, the public can’t get the information required to draw rational conclusions. This website can be a tool to get the position of our elected officials understood in the general public. It’s possible they even have the best interests of the community at heart. With a tool like this, maybe the public could even be convinced that’s true. From the standpoint of the public, if they hear both sides, they have the opportunity to convince elected officials to change their minds.
There are positive things that can be done with this media, that will help the community become informed about the workings of our government. It’s next to impossible for me to moderate the comments on here. It isn’t the concept of a Blog to have comment moderation, as many have pointed out. To those candidates who were insulted and offended by the comments during the election --- people who run for office are public figures, about which the public has a right to debate. If you were refusing to answer, or telling your supporters not to answer, the “debates” only showed one side. As the Blogger, for me to selectively pick and choose comments is considered “no fair.” It’s not for me to judge and arbitrate among viewpoints.
For the other side, the ones who are accusing me of picking and choosing – I’m not. During the election, when you posted insults to candidates running for office, they were there. But you can’t extend that behavior beyond candidates for election, to regular citizens. If your posts don’t insult anyone by name, or inflame and incite to riot, or contain obscenities, I’m posting them. If you object to me not posting something you sent, or posting something you don’t like, you can email me at Research@PageCountyWatch.org and I will explain what specific language is preventing your post from being displayed.
I appreciate the participation by so many citizens in this forum. I believe it can evolve into a tool which will help the community self-direct its future. So tell your friends, speak your mind, and Stay With Me. The Blog is a community tool. If it works, it's because YOU made it work.
Alice
1. The County Line, posted on the county’s own website, (http://www.pagecounty.virginia.gov/) is being published with good, possibly even excellent, explanations of the thinking and rationale behind important decisions the county government has been making. The point is not that I or any other citizen may or may not agree with the thinking. What’s important is that the thinking and rationale is explained. By offering the explanation, it allows citizens to prepare reasonable responses at public hearings. Without the information, all citizens can do is rant. With it, there is a possibility of a meaningful dialogue.
2. Planning Commissioners, (okay, ONE Planning Commissioner, but it’s a start) using their own name, are posting to this website, explaining the rationale and clarifying issues. This is tremendously helpful for citizens, as we have limited other avenues to get answers or clarification on topics discussed. By offering the insight of a commissioner, it allows the citizens to become more knowledgeable about the issues, so they can ask the right questions.
3. Anonymous posters are offering both sides of an issue. It’s not much of a debate if only one side is presented. Sometimes there is a tendency of “the party in power” to say, “I don’t need to muddy myself by answering that.” But the purpose of a public forum is to allow the public to hear both sides. If the side that has the upper hand refuses to post, the public can’t get the information required to draw rational conclusions. This website can be a tool to get the position of our elected officials understood in the general public. It’s possible they even have the best interests of the community at heart. With a tool like this, maybe the public could even be convinced that’s true. From the standpoint of the public, if they hear both sides, they have the opportunity to convince elected officials to change their minds.
There are positive things that can be done with this media, that will help the community become informed about the workings of our government. It’s next to impossible for me to moderate the comments on here. It isn’t the concept of a Blog to have comment moderation, as many have pointed out. To those candidates who were insulted and offended by the comments during the election --- people who run for office are public figures, about which the public has a right to debate. If you were refusing to answer, or telling your supporters not to answer, the “debates” only showed one side. As the Blogger, for me to selectively pick and choose comments is considered “no fair.” It’s not for me to judge and arbitrate among viewpoints.
For the other side, the ones who are accusing me of picking and choosing – I’m not. During the election, when you posted insults to candidates running for office, they were there. But you can’t extend that behavior beyond candidates for election, to regular citizens. If your posts don’t insult anyone by name, or inflame and incite to riot, or contain obscenities, I’m posting them. If you object to me not posting something you sent, or posting something you don’t like, you can email me at Research@PageCountyWatch.org and I will explain what specific language is preventing your post from being displayed.
I appreciate the participation by so many citizens in this forum. I believe it can evolve into a tool which will help the community self-direct its future. So tell your friends, speak your mind, and Stay With Me. The Blog is a community tool. If it works, it's because YOU made it work.
Alice
Wednesday, November 14, 2007
Now's Your Chance
1. Attention District 5 Citizens: There is an opening on the Planning Commission for a resident of District 5. Ms. Dot Donato has resigned. If you live in District 5 (Shenandoah), and you would like to serve your community by being a voting member of the Planning Commission, contact Supervisor Carol Lee Strickler, 652-3211
To all of the conspiracy theorists out there, here's your chance to be part of the CLICK.
2. Planning Commission Work Session 13 November 07
The only item on the agenda was a review of the proposed By-Right Subdivision ordinance that was drafted by the By-Right Subdivision subcommittee over the last several months. The county planner went over the proposed changes to the ordinance enumerated in the blog below entitled “Consider These Changes Carefully.” Several of the commissioners asked that some of the language be refined to clarify its intent and that a few typos be corrected. Beyond that, it was a pretty routine session. The ordinance will be brought up for public hearing some time after the first of the year. If any of the proposed changes shock your sensibilities, now is the time to make your voice heard.
Alice's opinion: Although I didn't attend the session last night, I am struck by the idea that the Planning Commissioners didn't have much to say about it. There were only 3 commissioners on the subcommittee. The citizens in the audience were not allowed to give their input, as it was a work session. Yet the commissioners who weren't on the subcommittee didn't have substantive questions.
Why not?
Do you have questions about this change? One commenter said this was about keeping your neighbor from selling out to developers. No, it's not. The ordinance that relates to developers is contained in the Class A and Class B rules. This is about what you can do if your kids grow up and you want to split off pieces of your land for them. It's also about what you can do if your taxes get so high that you have to split off a piece of land in order to keep your house.
Read carefully, Citizens. This is about YOU.
To all of the conspiracy theorists out there, here's your chance to be part of the CLICK.
2. Planning Commission Work Session 13 November 07
The only item on the agenda was a review of the proposed By-Right Subdivision ordinance that was drafted by the By-Right Subdivision subcommittee over the last several months. The county planner went over the proposed changes to the ordinance enumerated in the blog below entitled “Consider These Changes Carefully.” Several of the commissioners asked that some of the language be refined to clarify its intent and that a few typos be corrected. Beyond that, it was a pretty routine session. The ordinance will be brought up for public hearing some time after the first of the year. If any of the proposed changes shock your sensibilities, now is the time to make your voice heard.
Alice's opinion: Although I didn't attend the session last night, I am struck by the idea that the Planning Commissioners didn't have much to say about it. There were only 3 commissioners on the subcommittee. The citizens in the audience were not allowed to give their input, as it was a work session. Yet the commissioners who weren't on the subcommittee didn't have substantive questions.
Why not?
Do you have questions about this change? One commenter said this was about keeping your neighbor from selling out to developers. No, it's not. The ordinance that relates to developers is contained in the Class A and Class B rules. This is about what you can do if your kids grow up and you want to split off pieces of your land for them. It's also about what you can do if your taxes get so high that you have to split off a piece of land in order to keep your house.
Read carefully, Citizens. This is about YOU.
Tuesday, November 13, 2007
Study of Luray Police Dept
I don't know why I'm doing this, but here it is. Maybe I'm doing it to keep the posts from showing up on other threads.
Monday, November 12, 2007
Consider These Changes Carefully
The following is a citizens notes on the proposed changes to the By-Right Subdivision ordinance in Page County. The Planning Commission is considering this, and it may be brought up at the work session on November 13 at 7 p.m. I have published here the existing ordinance, and put in red the proposed changes. These are citizen notes, not formal or official changes. It is provided so that you as a citizen can be informed if these changes may impact you, so you can show up at the meetings in time to get your voice heard before the deed is done and the laws are enacted.
_____________________________________________
Chapter 100: SUBDIVISION OF LAND
ARTICLE I General Provisions
§ 100-1. Title. This chapter is to be known and cited as the "Subdivision Ordinance of Page County, Virginia."
§ 100-2. Purpose.
The purpose and intent of this chapter is to assure the orderly subdivision of land and its development, to realize the wise and full utilization of our land resources, to ensure that subdivided lands are reasonably suited for their intended purposes, to ensure that anything which would detract from the full enjoyment of the subdivided property for its intended purposes be fully and fairly set forth in the plat filed of record so prospective purchasers will be fairly apprised thereof and to promote the health, safety, convenience and general welfare of the public.
§ 100-3. Word usage and definitions.
In general. For the purpose of this chapter, certain words and terms used herein shall be interpreted or defined as follows: words used in the present tense include the future, words in the singular number include the plural, and the plural the singular, unless the natural construction of the word indicates otherwise; the word "lot" includes the word "parcel"; the word "shall" is mandatory and not directory; the word "approve" shall be considered to be followed by the words "or disapprove"; and reference to this chapter includes all chapters amending or supplementing the same; all distances and area refer to measurement in a horizontal plane.
As used in this chapter the following terms shall have the meanings indicated:
ALLEY — A permanent service way providing a secondary means of access to abutting properties.
BUILDING LINE — The distance which a building is from any street or roadway boundary line.
CLERK OF THE COMMISSION — The appointed representative of the governing body of Page County who is charged with the responsibility for administering and enforcing the provisions of this chapter and with such other specific duties as stated herein, referred to as the “Clerk”.
COMMISSION — The Planning Commission of Page County, Virginia.
CUL-DE-SAC — A street with only one outlet and having an appropriate turnaround a safe convenient reverse traffic movement.
DEVELOPER — An owner of property being subdivided, whether or not represented by an agent.
EASEMENT — A grant by a property owner of the use of land for a specific purpose or purposes.
GOVERNING BODY — The Board of Supervisors of Page County, Virginia.
HEALTH OFFICIAL — Environmental Health Specialist of the Page County Department. The health director or sanitarian of Page County, Virginia.
HIGHWAY ENGINEER — The resident engineer employed by the Virginia Department of Transportation Highways.
Immediate Family Member - Any person who is a natural or legally defined offspring, spouse, sibling, grandchild, grandparent or parent of the owner
JURISDICTION — The area or territory subject to the legislative control of the governing body.
LOT — A numbered and recorded portion of a subdivision intended for transfer of ownership or for building development.
LOT, CORNER — A lot abutting upon two or more streets at their intersection; the shortest side fronting upon a street shall be considered the front of the lot, and the longest side fronting upon a street shall be considered the side of the lot.
LOT, DEPTH OF — The mean horizontal distance between the front and rear lot lines.
LOT, DOUBLE-FRONTAGE — An interior lot having frontage on two streets.
LOT, INTERIOR — A lot other than a corner lot.
LOT OF RECORD — A lot which has been recorded in the office of the Clerk of the Circuit Court.
LOT, WIDTH OF — The horizontal distance between the side lot lines measured at the street front setback line. [Amended 6-21-2005]
ONSITE SEWAGE DISPERSAL AREA- A site specific, survey located area where soils evaluations have found the area to be suitable for installation of a sewage disposal system.
PLAT — Includes the terms "map, plan, plot, replat or replot"; a map or plan of a tract or parcel of land which is to be or which has been subdivided. When used as a verb, "plat" is synonymous with "subdivide."
PROPERTY — Any tract, lot, parcel or several of the same collected together for the purpose of subdividing.
PUBLIC SEWER — A sewer system owned and operated by the County of Page or an incorporated town or a corporation franchised by the Commonwealth of Virginia under the jurisdiction of the State Health Department of Virginia.
PUBLIC WATER — A water system owned and operated by the County of Page or an incorporated town or a corporation franchised by the Commonwealth of Virginia and under the jurisdiction of the State Health Department of Virginia.
SOIL SURVEY — A survey conducted by or approved by the Soil Conservation Service of the United States Department of Agriculture to determine characteristics of soils and related factors relative to suitability for subdivision.
STREET — The principal means of access to abutting properties.
STREET, COLLECTOR — A medium-traveled Category 2 and 3 (251 to 750 cars per day) thoroughfare which collects traffic from minor streets and directs it to a major street as established by the standards and rules of the Virginia Department of Transportation.*1 [Amended 6-21-2005]
STREET, MAJOR — A heavily traveled Category 4 (751 to 1,500 cars per day) thoroughfare or highway that carries through traffic as established by the standards and rules of the Virginia Department of Transportation.*1 [Amended 6-21-2005]
STREET, MINOR — A Category 1 (zero to 250 cars per day) street that is used primarily as a means of public access to the abutting properties as established by the standards and rules of the Virginia Department of Transportation.*1 [Amended 6-21-2005]
*Traffic volume is not the sole determining factor. VDOT uses: (1) rural local; (2) rural collector; (3) rural minor arterial; (4) rural major arterial.
1NOTE: VDOT geometric requirements will be based on the traffic volume and function of the street.
STREET OR ALLEY, PUBLIC USE OF — The unrestricted use of a specified area or right-of-way for ingress and egress to two or more abutting properties.
STREET SERVICE DRIVE — A public right-of-way generally parallel and contiguous to a major highway, primarily designated to promote safety by eliminating dangerous ingress and egress to the right-of-way by providing safe and orderly points of access to the highway and streets ending in cul-de-sac.
STREET WIDTH — The total width of the strip from property line to property line dedicated or reserved for public use or travel, including roadway, curbs, gutters, sidewalks and planting strips.
SUBDIVIDE — To divide any tract, parcel or lot of land situated in whole or in part in the County of Page, Virginia, into two or more lots or parcels of land for the purpose, whether immediate or future, of transfer of ownership or building development and includes resubdivision. However, the term "subdivide" shall not include the following:
1. The straightening or rearranging of property lines of adjoining parcels if the number of lots does not change and the Clerk of the Commission feels that the rearrangement conforms to the intent of this chapter
2. A division of land which, in the opinion of the Clerk of the Commission, meets all of the following requirements:
a. The proposed division is not in conflict with general meaning and purpose of this chapter;
b. No additional streets, roads or rights-of-way are needed to serve any parcel in the proposed division
c. The proposed division of land does not include any dedication of land to public use;
d. No parcel, including any parcel retained or held by the divider, resulting from such proposed division is less than 25 acres.; and [Amended 6-21-2005]
SUBDIVIDER — An individual, corporation or registered partnership owning any tract, lot or parcel of land to be subdivided or a group of two or more persons owning any tract, lot or parcel of land to be subdivided, who have given their power of attorney to one of their group or to another individual to act on their behalf in planning, negotiating for, in representing or executing the legal requirements of the subdivision.
SUBDIVISION — The division of a lot, tract or parcel of land into two (2) or more lots, tracts, or parcels, or other divisions of land for sale, development or lease; or the tracts or parcels of land resulting from the division of property.
THE FOLLOWING SECTION WAS DELETED:
The division of a parcel of land into three or more lots or parcels of less than five acres each 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 resubdivision 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 § 15.2-2258 of the Code of Virginia. [Added 6-21-2005]
SURVEYOR — A person licensed and certified as such by the Commonwealth of Virginia. Editor's Note: Former § 100-4, Exemptions, which immediately followed this section, was repealed 6-21-2005. This ordinance also provided for the redesignation of former §§ 100-5 through 100-13 as §§ 100-4 through 100-12, respectively.
§ 100-4. Exceptions. [Amended 6-21-2005]
Where the subdivider can show that a provision of the standards of this chapter would cause unnecessary hardship if strictly adhered to and where, because of topographical or other conditions peculiar to the site, a departure may be made without destroying the intent of the provisions of this chapter, the Planning Commission may authorize an exception. Any exception authorized by the Commission shall be reduced to writing, with the reasoning on which the departure was justified set forth. No such exception to this chapter may be granted by the Commission which is opposed, in writing, by the governing body, the Resident Highway Engineer of the Virginia Department of Transportation or the Health Official.
§ 100-5. Violations and penalties. [Amended 12-12-2004]
Any person violating the provisions of this chapter shall be subject to a fine of not more than $2,500 or imprisonment for not more than 12 months, or both, per each lot or parcel of land so subdivided or transferred or sold, 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. Editor's Note: Original Section 10-7, Enforcement, which immediately followed this section, was deleted 12-12-1994. See § 100-8 for enforcement provisions.
§ 100-6. Amendments.
This chapter may be amended in whole or in part by the governing body in accordance with the requirements of § 15.1-431 of the Code of Virginia, as amended.
§ 100-7. Administration and enforcement.
A. The Clerk of the Commission shall be charged with the enforcement of the provisions of this chapter.
B. The Clerk of the Commission shall be the agency or person appointed by the governing body. If no such agency or person is appointed as Clerk, the governing body shall be deemed the Clerk and so act until a Clerk is duly appointed. In so doing, the Clerk shall be considered the Clerk of the governing body, and approval or disapproval by the Clerk shall constitute approval or disapproval as though it were given by the governing body. The Clerk shall also consult with the Commission on matters contained herein.
C. In the performance of his duties, the Clerk may call for opinions or decisions, either verbal or written, from other departments or qualified persons in considering details of any submitted plat. In addition to the regulations herein contained for the platting of the subdivisions, the Clerk may, from time to time, establish any reasonable additional administrative procedures with the approval of the governing body for the proper administration of this chapter.
ARTICLE II Classification of Subdivisions; Requirements
§ 100-8 Non-Family Division
A. Non-family division (excluding immediate family division): In Agricultural and Woodland
Conservation zoned districts, the Clerk may permit one division of a parcel into two parcels once every five (CHANGED FROM TWO TO FIVE) years; provided that: [Amended 4-9-1990; 6-21-2005]
1. Any streets, roads, or rights-of-way providing means of ingress and egress for the tract to be subdivided shall be a minimum width of 50 feet to a dedicated recorded public street or throughfare.
2. Each resulting parcel is in accordance with § 125-9 and 125-10 of the Zoning Ordinance
3. The parent tract has not been the subject of a previous division under this subsection (3) within the last five (CHANGED FROM TWO TO FIVE) years.
a. When the above referenced division is completed, the parent tract status will remain with the parcel that has the greater land area of the two tracts. In the case of equal division of land area between both lots, the subdivider shall note which parcel will maintain parent tract status.
b. Parent tract shall be a minimum of 10 acres in order to divide.
5. If a private access easement is the preferred right-of-way, it shall serve no more than two lots. If an existing private street or access easement already serves two or more lots, no additional lots may be served by that street or easement.
6. Maximum depth. The maximum depth of any tract shall not exceed four times its width at the front setback line.
B. Plat Requirements:
1. Requisites for plat shall be as follows:
(a.) The name of the subdivision owner, subdivider, surveyor or engineer, the date of the drawing, the number of sheets, North point and scale. If true North is used, the method of determination must be shown.
(b.) The location of the proposed subdivision by an inset map at a scale of not less than one inch equals one mile, showing adjoining roads, their names and numbers, towns, subdivisions and other landmarks.
(c.) The boundary survey or existing survey of record, provided that such survey shows a closure with an accuracy of not less than one in 2,500, which shall display the following:
i. Total acreage
ii. Acreage of the subdivided area
iii. Number and approximate area and frontage of all building sites
iv. Existing buildings adjoining and within the boundaries of the tract
v. Names of adjoining property owners.
vi. Zoning, use, and deed-book and page-number references for adjoining properties
(d.) Where onsite sewage disposal systems and water supplies will be utilized, each lot shall include a survey located sewage dispersal area and private water supply location as approved by the Page County Health Department. Easements will not be allowed for locations of sewage dispersal areas or private water supplies onto adjacent or other lots.
(e.) All entrances locations shall meet the Virginia Department of Transportations minimum sight distance requirements and therefore will be reviewed and approved by the Virginia Department of Transportation prior to the County approving the subdivision. When a subdivision abuts a public street which is in the State's highway system, the subdivide shall be required to dedicate one-half of the total right-of-way and any easements necessary to make said street conform to Virginia Department of Transportation or county criteria; in addition the subdivide may be required to dedicate the full right-of-way necessary to make horizontal and vertical adjustments to said street or if the property occupies both sides of the roadway.
(f.) When a subdivision adjoins a road in the State's highway system classified as a Collector or higher the governing body may require that access to such lots be limited to a street within the subdivision.
(g.) All existing, platted and proposed streets, their names, number and width; existing utility or other easements, public areas and parking spaces; and culverts, drains and watercourses, their names and other pertinent data.
(h.) To ensure that residents will have sufficient land upon which to build a house which is flood-free, the subdivider shall indicate any floodplains or floodways on the plat
(changed from: THE CLERK MAY REQUIRE THE SUBDIVIDER TO PROVIDE ELEVATION AND FLOOD PROFILES TO DEMONSTRATE THE LAND TO BE COMPLETELY FREE OF THE DANGER OF FLOODWATERS.)
(i.) Proposed connections with existing sanitary sewers and existing water supply or alternate means of sewage disposal and water supply.
(j.) All parcels of land to be dedicated for public use and the conditions of such dedication.
(k.) Two copies of, all protective covenants, plats, and deed restrictions shall accompany the application plat.
(l.) Any additional information requested by the Clerk.
2. Approval. The subdivider shall be advised, in writing, within 15 days for Non Family divisions, which may be by formal letter or by legible markings on his copy of the plat, concerning any additional data that may be required.
C. Fees: Non-family division Review - $100
§ 100-9 Immediate Family Division
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, subject only to any express requirement contained in the Code of Virginia.
THIS SECTION WAS DELETED: and to the requirement imposed by the County of Page that all lots of less than five acres have a right-of-way of not less than 20 feet providing ingress and egress to a dedicated recorded public street or thoroughfare. However, only one such division shall be allowed per family member and shall not be for the purpose of circumventing the purpose or provisions of this chapter. For the purpose of this subsection, a "member of the immediate family" is defined as any person who is a natural or legally defined offspring, spouse, sibling, grandchild, grandparent or parent of the owner. All proposed entrances or existing entrances that will generate additional traffic will need to be reviewed and approved by VDOT prior to establishing the location of the twenty-foot right-of-way. Any new twenty-foot right-of-way created needs to meet minimum intersection sight distance criteria as established by the current edition of VDOT's Minimum Standards of Entrances to State Highways. A VDOT permit shall be obtained prior to construction of any new entrance(s) or improvement of any existing entrance(s). If multiple twenty-foot rights-of-way will be created adjacent to each other, a single standard private subdivision road/street entrance will be required to service the multiple rights-of-way at one entrance location in accordance with VDOT's Minimum Standards of Entrances to State Highways.
END OF DELETED SECTION
NEWLY ADDED SECTION:
1. The immediate family division shall adhere to following:
a. All lots shall have a right-of-way of not less than 20 feet providing ingress and egress to a dedicated recorded public street or thoroughfare.
b. The transference of newly created immediate family lots to a person other than a member of the immediate family shall not take place for a period less than five (5) years.
c. The property owner requesting such subdivision shall have held fee simple title to the property to be subdivided for a period of five (5) years prior to the filing of the family subdivision application. The Zoning Administrator shall have the authority to allow a re-conveyance prior to this time period, granted that the family member seeking the exception must provide the Zoning Administrator with documentation displaying either an economic hardship, death, or marital status change occurring within this time frame.
d. The applicant shall sign an affidavit, certifying they are an “Immediate Family Member” which shall be recorded with the deed of conveyance and plat.
e. Maximum depth. The maximum depth of any tract shall not exceed four times its width at the front setback line
Plat Requirements:
Requisites for plat shall be as follows:
(a.) The name of the subdivision owner, subdivider, surveyor or engineer, the date of the drawing, the number of sheets, North point and scale. If true North is used, the method of determination must be shown.
(b.) The location of the proposed subdivision by an inset map at a scale of not less than one inch equals one mile, showing adjoining roads, their names and numbers, towns, subdivisions and other landmarks.
(c.) The boundary survey or existing survey of record, provided that such survey shows a closure with an accuracy of not less than one in 2,500 which shall display the following:
i. Total acreage
ii. Acreage of the subdivided area
iii. Number and approximate area and frontage of all building sites
iv. Existing buildings adjoining and within the boundaries of the tract
v. Names of adjoining property owners.
vi. Zoning, use, and deed-book and page-number references for adjoining properties
(d.) Where onsite sewage disposal systems and water supplies will be utilized, each lot shall include a survey located sewage dispersal area and private water supply location as approved by the Page County Health Department. Easements will not be allowed for locations of sewage dispersal areas or private water supplies onto adjacent or other lots.
(e.) All entrances locations shall meet the Virginia Department of Transportations minimum sight distance requirements and therefore will be reviewed and approved by the Virginia Department of Transportation prior to the County approving the subdivision. When a subdivision abuts a public street which is in the State's highway system, the subdivider shall be required to dedicate one-half of the total right-of-way and any easements necessary to make said street conform to Virginia Department of Transportation or county criteria; in addition the subdivider may be required to dedicate the full right-of-way necessary to make horizontal and vertical adjustments to said street or if the property occupies both sides of the roadway.
(f.) When a subdivision adjoins a road in the State's highway system classified as a Collector or higher, the governing body may require that access to such lots be limited to a street within the subdivision.
(g.) All existing, platted and proposed streets, their names, number and width; existing utility or other easements, public areas and parking spaces; and culverts, drains and watercourses, their names and other pertinent data.
(h.) To ensure that residents will have sufficient land upon which to build a house which is flood-free, the Clerk may require the subdvider to provide elevation and flood profiles sufficient the subdivider shall indicate any floodplains or floodways on the plat to demonstrate the land to be completely free of the danger of floodwaters
(i.) Proposed connections with existing sanitary sewers and existing water supply or alternate means of sewage disposal and water supply.
(j.) All parcels of land to be dedicated for public use and the conditions of such dedication.
(k.) Two copies of, all protective covenants, plats, and deed restrictions shall accompany the application plat.
(l.) Any additional information requested by the Clerk.
2. Approval. The subdivider shall be advised, in writing, within 15 days for Immediate Family divisions, which may be by formal letter or by legible markings on his copy of the plat, concerning any additional data that may be required.
Fees. Immediate family division Review - $100 per lot
Subdivisions not otherwise exempted by definition as stated in Article I, § 100-3 of this chapter, shall be classified as follows:
§ 100-10. Subdivisions classified.
Subdivisions not otherwise exempted by definition as stated in Article I, § 100-3 of this chapter, shall be classified as follows:
A. Class A subdivision: a subdivision creating any lot less than three acres.
B. Class B subdivision: a subdivision which results in all lots being three acres or more.
§ 100-11. General requirements.
General requirements for Class A and Class B subdivisions shall be as follows:
A. Preliminary sketch.
(1.) The subdivider may, if he so chooses, submit to the Clerk a preliminary sketch of the proposed subdivision prior to his preparing engineered preliminary and final plats. The purpose of such preliminary sketch is to permit the Clerk to advise the subdivider whether his plans in general are in accordance with the requirements of this chapter. The Clerk, upon submission of any preliminary sketch, shall study it and advise the subdivider wherein it appears that changes would be necessary. The Clerk may mark the preliminary sketch indicating the necessary changes, and any such marked sketch shall be returned to the subdivider with the preliminary plat.
(2) Requisites for preliminary sketch. It shall be drawn on white paper or on a print of a topographic map of the property. It shall be drawn to a scale of 200 feet or less to the inch. It shall show the name, location and dimensions of all streets entering the property, adjacent to the property or terminating at the boundary of the property to be subdivided. It shall show the location of all proposed streets, lots, parks, playgrounds and other proposed uses of the land to be subdivided and shall include the approximate dimensions.
B. Preliminary plat. The subdivider shall present to the Clerk five prints of a preliminary layout at a scale of 200 feet or less to the inch as a preliminary plat.
(1). Requisites for preliminary plat shall be as follows:
(a.) The name of the subdivision owner, subdivider, surveyor or engineer, the date of the drawing, the number of sheets, North point and scale. If true North is used, the method of determination must be shown.
(b.) The location of the proposed subdivision by an inset map at a scale of not less than one inch equals one mile, showing adjoining roads, their names and numbers, towns, subdivisions and other landmarks
(c.) The boundary survey or existing survey of record, provided that such survey shows a closure with an accuracy of not less than one in 2,500, which shall display the following :
i. Total acreage
ii. Acreage of the subdivided area
iii. Number and approximate area and frontage of all building sites
iv. Existing buildings adjoining and within the boundaries of the tract
v. Names of adjoining property owners.
vi. Zoning, use, and deed-book and page-number references for adjoining properties
(d.) All existing, platted and proposed streets, their names, number and width; existing utility or other easements, public areas and parking spaces; and culverts, drains and watercourses, their names and other pertinent data.
(e.) The complete drainage layout, including all pipe sizes, types, drainage easements and means of transporting the drainage to a well-defined natural drainage.
(f.) A cross section showing the proposed street construction depth and type of base, type of surface, etc.
(g.) A profile or contour map showing the proposed grades for the streets and drainage facilities, including elevations of existing and proposed ground surface at all street intersections and at points of major grade change along the center line of streets, together with proposed grade lines connecting therewith.
(h.) Proposed connections with existing sanitary sewers and existing water supplies. Where onsite disposal systems and water supplies will be utilized, the plat shall indicate proposed locations for onsite sewage dispersal areas and private water supplies. All proposed locations for sewage dispersal areas and water supply locations shall be field approved by the Environmental Health Staff of the Page County Health Department. Field approval shall include the onsite review of soils evaluations of proposed sewage dispersal areas as presented by private evaluators. Proposed onsite private water supply locations must also be approved by the Page County Health Department.
(i.) All parcels of land to be dedicated for public use and the conditions of such dedication.
(j.) A copy of all protective covenants and deed restrictions shall accompany the plat.
(k.) When a subdivision adjoins a road in the State's highway system classified as a Collector or higher, the governing body may require that access to such lots be limited to a street within the subdivision
(l.) Any additional information requested by the Clerk.
(2) Approval. The Clerk or his appointed representative shall discuss the preliminary plat with the subdivider in order to determine whether or not his preliminary plat generally conforms to the requirements of this chapter. The subdivider shall then be advised, in writing, within 45 days, which may be by formal letter or by legible markings on his copy of the preliminary plat, concerning any additional data that may be required, the character and extent of public improvements that will have to be made and an estimate of the cost of construction or improvements and the amount of the performance bond which will be required as prerequisite to approval of the final subdivision plat. In determining the cost of required improvements and the amount of the performance bond, the Clerk shall consult with a duly licensed engineer who shall prepare this data for the Clerk and/or may require a bona fide estimate of the cost of improvements to be furnished by the subdivider. Approval by the Clerk of the preliminary plat does not constitute a guarantee of approval of the final plat.
C. Final plat. Any owner or developer of any tract of land situated within Page County, Virginia, who proposes to subdivide the same shall cause a plat of such subdivision, with reference to known or permanent monuments, to be made and recorded in the office of the Clerk of the Circuit Court. No such plat of subdivision shall be recorded unless and until it shall have been submitted, approved and certified by the Clerk of the Commission in accordance with the requirements set forth in this chapter. No lot shall be transferred or sold until a final plat for the subdivision shall have been approved and recorded. The subdivider shall have not more than six months after receiving official notification concerning the preliminary plat to file with the Clerk a final subdivision plat in accordance with this chapter. Failure to do so shall make preliminary approval null and void. The Clerk may, on written request by the subdivider, grant an extension of this time limit.
(1) Requisites for final plat.
(a) Every subdivision plat which is intended for recording shall be prepared by a certified professional engineer or land surveyor, who shall endorse upon each such plat a certificate signed by him 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, land planners, architects, landscape architects or others having training or experience in subdivision planning or design.
(b) In addition, the plat submitted for approval and recording shall be clearly and legibly drawn on stable transparent material at a scale of 200 feet to the inch on sheets having a size of 13 1/2 inches by 17 inches, and a blank oblong space three inches shall be reserved for the use of the Commission.
(c) In addition, there shall be an accurate location and dimensions by bearings and 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 and widths, existing utilities and those to be provided, such as sanitary sewers, storm drains, water mains, manholes and underground conduits, including their size and type, watercourses and their names and names of owners and their property lines, both within the boundary of the subdivision and adjoining said boundaries.
(d) Distances and bearings must balance and close with an accuracy of not less than one in 10,000. All bearings shall be calculated from State Grid North, and at least one point shall have State Plane coordinates.
(e) The data of all curves along the street frontage shall be shown in detail at the curve or in a curve data table containing the following: Delta, radius, arc, tangent, chord and chord bearings.
(f) Where onsite sewage dispersal system and private water supplies are to be utilized, the plat shall include survey locations of Page County Health Department approved sewage dispersal areas and private water supplies. Easements will not be allowed for locations of sewage dispersal areas or private water supplies onto adjacent or other lots.
DELETED: There shall be so indicated on the face of the plat the lots which are currently suitable for sewage disposal system installation by using the following language: "preliminary approval of the local Health Department for each lot, where onsite disposal systems and water supplies will be utilized." There shall be so indicated on the face of the plat the lots which are not currently suitable for sewage disposal system installation by using the following language: "preliminary testing by the local Health Department indicates not suitable for sewage disposal system installation." The Clerk shall require the subdivider to furnish evidence from the local Health Department showing the results of the testing of the lots shown on the final plat. There shall be indicated on the face of the plat the date of sewage disposal system approval or disapproval of each lot by the Health Department. [Amended 6-21-2005]
(g) All lots or parcels that are not approved for sewage disposal systems after subdividing must be added to adjacent lots or otherwise disposed of rather than being allowed to be used as unusable parcels. [Added 6-21-2005 Editor's Note: This ordinance also provided for the redesignation of former Subsection C(1)(g) as Subsection C(1)(h). ]
(h) A deed of dedication shall accompany the final plat, and every such plat or deed of dedication to which the plat is attached shall contain, in addition to the professional engineer's or land surveyor's certificate, a statement as follows: "The platting or dedication of the following described land (here insert a correct description of the land subdivided) is with the free consent and in accordance with the desire of the undersigned owners, proprietors and trustees, if any." The statement shall be signed by such persons and duly acknowledged before some officer authorized to take acknowledgment of deeds. When thus executed and acknowledged, the plat, if so approved, shall be filed and recorded in the office of the Clerk of the Circuit Court and indexed in the general index to deeds under the names of the owners of land signing such statement and under the name of the subdivision.
(2) Approval and recordation.
(a) The Clerk shall act on any proposed plat 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.
(b) If the Clerk fails to approve or disapprove the plat within 60 days after it has been officially submitted for approval, the subdivider, after 10 days' written notice to the Commission or the Clerk, 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.
(c) The plat shall not be approved until the subdivider has complied with the general requirements and minimum standards of designs in accordance with this chapter and has made satisfactory arrangements for bond with surety to cover the cost of necessary improvements, in lieu of construction, to the satisfaction of the Clerk. Approval of the final plat shall be written on the face of the plat by the Clerk. The subdivider shall record the plat within 60 days after final approval; otherwise, the Clerk shall mark the plat "void" and return the same to the subdivider.
(d) A plat of the size and scale required by this chapter shall be submitted to the Commissioner of Revenue's office for transfer to the Page County Tax Maps and Records at the time of recording of any subdivision with the Clerk of the Circuit Court of Page County.
(e) Recordation of plat as transfer of streets, termination of easements and rights-of-way, etc. The recordation of such plat shall operate to transfer, in fee simple, to the County such portion of the premises platted as is on such plat set apart for streets, alleys or other public use and to transfer to the County any easement indicated on such plat to create a public right of passage over the same; but nothing contained in this subsection shall affect any right of a subdivider of land heretofore validly reserved.
(3) Appeal. In the event that a plat for a subdivision is disapproved by the Clerk, the subdivider may appeal directly to the Planning Commission of Page County, which may override the recommendation of the Clerk and approve said plat. In the event that a plat for subdivision is disapproved on appeal by the Planning Commission, the subdivider may appeal to the Board of Supervisors of Page County, which may override the recommendation of the Planning Commission and approve said plat. If the Planning Commission and the Board of Supervisors disapprove the proposed plat and the subdivider contends that such disapproval was not properly based on the chapter applicable thereto or was arbitrary or capricious, he may appeal to the Circuit Court, and said Court shall hear and determine the case as soon as may be, provided that the appeal is filed with the Circuit Court within 60 days of the written disapproval by the Board of Supervisors. The subdivider shall, however, have the right to appeal the decision of the Planning Commission directly to the Circuit Court within 60 days of the written disapproval by such Planning Commission.
D. Changes. No change, erasure or revision shall be made on any preliminary or final plat, nor on accompanying data sheets after approval of the Clerk has been endorsed, in writing, on the plat or sheets, unless authorization for such changes has been granted, in writing, by the Clerk.
E. Fees. There shall be a fee of $250 per plat and $40 per lot for the examination and review of every plat submitted to the Clerk…Lot fees shall be returned if the plat is not approved; however, the plat fee of $250 will be retained.
Class A & B divisions - $250 per plat and $40 per lot
F. Bonding.
(1.) Before any subdivision plat will be finally approved by the Clerk, the subdivider shall, as a condition for the acceptance of dedication for public use of any right-of-way located within any subdivision which has constructed or proposed to be constructed within the subdivision any street, curb, gutter, sidewalk, bicycle trail, drainage or sewer system, waterline, as part of a public system, or other improvement, financed or to be financed in whole or in part by private funds, be required to certify to the governing body that the construction costs have been paid to the person constructing such facilities or furnish to the governing body a certified check or cash escrow in the amount of the estimated costs of construction or a personal, corporate or property bond, with surety satisfactory to the governing body, in an amount sufficient for and conditioned upon the construction of such facilities or a contract for the construction of such facilities and the contractor's bond, with like surety, in like amount and so conditioned, or furnish to the governing body a bank or savings and loan association's letter of credit on designated funds satisfactory to the governing body as to the bank or savings and loan association, the amount and the form; and, in the event that the governing body has accepted the dedication of a road for public use and such road, due to factors other than its quality of construction, is not acceptable into the Virginia Department of Transportation system, the governing body shall require the subdivider or developer to furnish the County with a maintenance and indemnifying bond, with surety satisfactory to the governing body, in an amount sufficient for and conditioned upon the maintenance of such road until such time as it is accepted into the state highway system or, in lieu of such bond, a bank or savings and loan association's letter of credit on certain designated funds satisfactory to the governing body as to the bank or savings and loan association, the amount and the form. "Maintenance of such road" shall be deemed to mean maintenance of the streets, curbs, gutters, drainage facilities, utilities or other street improvements, including the correction of defects or damages and the removal of snow, water or debris, so as to keep such road reasonably open for public usage. [Amended 6-21-2005]
(2.) The performance guaranty shall be calculated by the Clerk to secure the required improvements in a workmanlike manner and in accordance with specifications, geometric design standards and construction schedules established or approved by the Virginia Department of Transportation Engineer, the Health Official, etc. The completion schedules shall be made known by the subdivider to the purchasers of the properties affected. Such performance guaranty may be extended upon application to and approval by the Clerk and the governing body. All performance guaranties shall be payable to and held by the governing body. [Amended 6-21-2005]
(3.) The governing body shall provide a complete release of any bond, escrow, letter of credit or other performance guaranty required hereunder within 30 days after receipt of written notice by the subdivider or developer of completion of part or all of any facilities required to be constructed hereunder unless the governing body notifies said subdivider or developer, in writing, of any specified defects or deficiencies in construction and suggested corrective measures prior to the expiration of said thirty-day period; provided, however, that the governing body shall not be required to release such bond, escrow, letter of credit or other performance guaranty in an amount to exceed 90% of the actual cost of the construction for which the bond was taken until such facilities have been completed and accepted by the governing body or state agency. For the purposes of this subsection, a certificate of partial or final completion of such facilities from either a duly licensed professional engineer or land surveyor or from a department or agency designated by the local government may be accepted without requiring further inspection of such facilities.
G. Resubdivision of existing lots. [Amended 9-6-1994]
(1.) Lots in an existing subdivision may be resubdivided if the lots resulting from such resubdivision meet all other requirements of the Code of Page County, Virginia, including, but not limited to, lot size, acreage and road or right-of-way access. The owner of such lot requesting a resubdivision shall furnish to the Zoning Administrator certified copies from the Clerk's Office of the Circuit Court of Page County, Virginia, evidencing the restrictive covenants and restrictions currently in effect in such subdivision. If the restrictive covenants or restrictions in effect in such subdivision disallow redivision of lots in the subdivision, then such proposed resubdivision shall not be approved by the Zoning Administrator. Prior to the Zoning Administrator authorizing approval of the resubdivision, the owner of such lot shall apply for and receive written approval of the Page County Health Department that the proposed lots resulting from said resubdivision shall meet preliminary approval for a sewage disposal system installation. [Amended 9-15-1997; 6-21-2005]
(2.) Resubdivided lots shall not be smaller in size than those lots allowed in the original subdivision. Requests for such resubdivision shall be accompanied by the appropriate plat as required by this chapter.
H. Suitability of land; flood control and drainage; sediment and erosion control.
(1.) The Clerk shall not approve the subdivision of land if, from adequate investigations, including a soil survey where required, conducted by all public agencies concerned, it has been determined that in the best interest of the public the site is not suitable for plotting and development purposes of the kind proposed.
(2.) Land subject to frequent overflow or land with Category E or F slopes with highly erosive soils, as determined by a soil survey, shall not be platted for residential occupancy nor for such other uses as may increase danger to health, life or property or aggravate erosion or flood hazard. Such land within the subdivision shall be set aside on the plat for such uses as shall not be endangered by frequent overflow or shall not produce conditions contrary to public welfare.
(3.) To ensure that residents will have sufficient land upon which to build a house which is flood-free, the subdivider shall indicate any floodplains or floodways on the plat
(4.) The subdivider shall provide all necessary information needed to determine what improvements are necessary to properly develop the subject property, including contour intervals, drainage plans and flood control devices. The subdivider shall also provide a qualified certified engineer's or surveyor's statement that such improvements, when properly installed, will be adequate for proper development. The Virginia Department of Transportation Engineer shall then approve or disapprove the plans. The subdivider shall also provide any other information required by the Virginia Department of Transportation Engineer. [Amended 6-15-2005]
(5.) Maximum depth. The maximum depth of any tract shall not exceed four times its width at the front setback line
§ 100-12. Class A subdivision.
A. In addition to those general requirements specified in Article II, § 100-11, a proposed Class A subdivision shall be subject to the following requirements and regulations acknowledging that there is a mutual responsibility between the subdivider and Page County, Virginia, to divide the land so as to improve the general use pattern of the land being subdivided.
B. Required improvements. All required improvements shall be installed by the subdivider at his cost. In cases where specifications and geometric design standards have been established either by the Virginia Department of Transportation Highways for streets, curbs, etc., or by local chapters and codes, such specifications shall be followed.
(1) Lot size. [Amended 6-21-2005]
(a) See Zoning Ordinance § 125-11.E
(b) Exceptions. Greater lot areas may be required where individual sewage disposal systems or individual wells are used if the Health Official determines that there are factors of drainage, soil conditions or other conditions to cause potential health problems.
(2) Lot shape, design, arrangement and purpose. The lot arrangement, design and shape shall be such that lots will provide satisfactory and desirable sites for buildings and be properly related to topography and conform to requirements of this chapter. Lots shall not contain peculiarly shaped elongations solely to provide necessary square footage of area which would be unusable for normal purposes.
(a) Location. When a subdivision abuts a public street which is in the State's highway system, the subdivide shall be required to dedicate one-half of the total right-of-way and any easements necessary to make said street conform to Virginia Department of Transportation or county criteria; in addition the subdivide may be required to dedicate the full right-of-way necessary to make horizontal and vertical adjustments to said street or if the property occupies both sides of the roadway.
(b) Side lines. Side lines of lots shall be approximately at right angles or radial to the street line. [Amended 6-21-2005]
(c) Remnants. All remnants of lots below minimum size left over after subdividing of a tract must be added to adjacent lots or otherwise disposed of rather than allowed to remain as unusable parcels.
(d) Separate ownership. Where the land covered by a subdivision includes two or more parcels in separate ownership and lot arrangement is such that a property ownership line divides one or more lots, the land in each lot so divided shall be transferred by deed to single ownership, simultaneously with the recording of the final plat. Said deed is to be deposited with the Clerk of the Court and held with the final plat until the subdivider is ready to record the same, and they both shall then be recorded together.
(e) Business or industrial lots. Lots intended for business or industrial use shall be designated specifically for such purposes with adequate space set aside for off-street parking and delivery facilities. Each case must be approved in advance by the Planning Commission of Page County.
(f) Automobile access required. All lots appearing on a subdivision plat will have access by conventional automobiles primarily designed for highway use to an approved building site on that lot, or, if any lot does not have such access, sufficient warning will be set forth on the plat to so alert prospective purchasers. Any lot not having such access and which is identified by such warning will have access to sufficient area for off-street parking that will accommodate at least two ten-foot by twenty-foot parking spaces.
(g) Lots marked. Lot corners shall be marked with iron pipe not less than 3/4 inch in diameter and 36 inches long and driven so as to be not less than 10 inches above the ground with 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 1/2 inch in diameter, the top of which shall be not less than 10 inches above the finished grade.
(3) Blocks.
(a) 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.
(b) Width. Blocks shall be wide enough to allow two tiers of lots of minimum depth, except where backing on major streets, unless prevented by topographical conditions or size of the property, in which case the Clerk may approve a single tier of lots of minimum depth.
(c) Orientation. Where a proposed subdivision will adjoin a major road, the Clerk may require that the greater dimension of the block shall back upon such major thoroughfare to avoid unnecessary ingress or egress.
(4) Streets.
(a) 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 the Clerk, 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 where they shall terminate in temporary cul-de-sac. Upon extension to the adjacent street system, remnants of the temporary cul-de-sac shall revert to the lot owners adjoining said cul-de-sac. Half streets along the boundary of land proposed for subdivision shall not be permitted. Whenever possible, streets shall intersect at right angles as established by the standards and rules of the Virginia Department of Transportation. [Amended 6-21-2005]
(b) Service drives. Whenever a proposed subdivision contains or is adjacent to a limited access highway or expressway, provision shall be made for a service drive or marginal street approximately parallel to such right-of-way at a distance suitable for an appropriate use of the land between such highway and the proposed subdivision. Such distance shall be determined with due consideration of the minimum distance required for ingress and egress to the main thoroughfare. The right-of-way of any major highway or street projected across any railroad, limited access highway or expressway shall be of adequate width to provide for the cuts or fills required for any future separation of grades as established by the standards and rules of the Virginia Department of Transportation. [Amended 6-21-2005]
(c) Approach angle. Major streets shall approach major, collector or minor streets at an angle of not less than 80°; and in all hillside areas, streets running with contours shall be required to intersect at angles not less than 70° 60°, unless the Clerk, upon recommendation by the Virginia Department of Transportation Engineer, shall approve a lesser angle of approach for reasons of contour, terrain or matching of existing patterns as established by the standards and rules of the Virginia Department of Transportation. [Amended 6-21-2005]
(d) Minimum widths. The minimum widths of proposed streets, measured from lot line to lot line, shall be as shown on the major street plan as established by the standards and rules of the Virginia Department of Transportation. [Amended 6-21-2005]
i. Local service drives which cannot be extended in the future: not less than 50 feet.
ii. Alleys, if permitted: not less than 20 feet nor more than 28 feet.
(e) Access streets, roads or rights-of-way. Any street, road or right-of-way providing means of ingress and egress for the tract to be subdivided shall be of a minimum width of 50 feet.
(f) Construction requirements. All subdivision streets and roads shall be constructed in accordance with the Virginia Department of Transportation secondary subdivision roads specifications and requirements. [Amended 6-21-2005]
(g) Alleys. Alleys should be avoided wherever possible. Dead-end alleys, if unavoidable, shall be provided with adequate turnaround facilities as determined by the Clerk.
(h) Private streets and reserve strips. There shall be no private streets platted in any subdivision. Every subdivided property shall be served from a publicly dedicated street. There shall be no reserve strips controlling access to streets.
(i) Cul-de-sac. Minor terminal streets (cul-de-sac) designed to have one end permanently closed shall be no longer than 400 feet to the beginning of the turnaround. Each cul-de-sac must be terminated by a turnaround having a right-of-way width as established by the standards and rules of the Virginia Department of Transportation. A 45' minimum pavement radius and 55' right-of-way radius be required for cul-de-sacs. [Amended 6-21-2005]
(j) Names. Proposed streets which are obviously in alignment with other already existing and named streets shall bear the names of the existing streets. In no case shall the names of proposed streets 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 the preliminary and final plat and shall be approved by the Clerk. Names of existing streets shall not be changed except by approval of the governing body. The Clerk shall keep a list of all street names.
(k) Identification signs. Street identification signs of a design consistent with the regulations of the Virginia Department of Transportation shall be installed at all intersections. Also need to be consistent with regulations of County of Page since named street identification signs are not installed or maintained by VDOT. [Amended 6-21-2005]
(l) Monuments. Concrete monuments four inches in diameter or square and three feet long, with flat top, shall be set at all street corners, at all points where the street line intersects the exterior boundaries of the subdivision, and at right angles, point and points of curve in each street. The top of the monument shall have an appropriate mark to identify properly the location and shall be set three inches above the finished grade. Upon completion of subdivision streets, sewers and other improvements, the subdivider shall make certain that all monuments required by this chapter are clearly visible for inspection and use. Such monuments shall be inspected and approved by the Clerk before any improvements are accepted by the governing body.
(5) DELETED: Sewage disposal system. The Clerk shall require that data from a soil survey be submitted as a basis for passing upon subdivisions dependent upon on site sewage disposal as a means of sewage disposal. The Clerk shall not approve any subdivision where a sanitary sewer system is not provided, unless the Clerk shall receive, in writing, from the Soil Conservationist of the United States Department of Agriculture a statement to the effect that the area contained in the subdivision is generally satisfactory for the installation of sewage disposal systems and that they will not, so far as can be determined, create hazards to public health and that such approval by the Clerk is only with the understanding that where on site sewage disposal systems are to be installed these must be approved on an individual lot basis by the State Health Department of Virginia or the Local Health Official. [Amended 6-21-2005]
(6) Easements. The Clerk may require that easements for drainage through adjoining property be provided by the subdivider. Easements of not less than 15 feet in width shall be provided for water, sewer, power lines and other utilities in the subdivision when required by the Clerk.
(7) Public water. Where public water is available within 200 feet of the boundary line of the subdivision, the services shall be extended to all lots within said subdivision.
(8) Private water and/or sewer. Nothing in this chapter shall prevent the installation of privately owned water distribution systems or sewage collection and treatment facilities; provided, however, that any such installations must meet all of the specific requirements of the State Health Department, and specific approval of the same must be obtained from the Commission. [Amended 6-21-2005]
(9) Fire protection. The installation of adequate fire hydrants in a subdivision at locations approved by the Clerk shall be required, provided that public water is available. The Clerk shall consult with the National Board of Fire Underwriters before approving such locations.
§ 100-13. Class B subdivision.
A. In addition to those general requirements specified in Article II, § 100-11, a proposed Class B subdivision shall be subject to the following requirements and regulations, acknowledging that there is a mutual responsibility between the subdivider and Page County, Virginia, to divide the land so as to improve the general use pattern of the land being subdivided.
B. Requirements.
(1) Roads. Each lot shall front on a public right-of-way of a minimum to be in accordance with the Virginia Department of Transportation secondary subdivision road specifications and requirements, and each lot shall have a minimum frontage on said right-of-way of 200 feet with specific requirements as follows: [Amended 6-21-2005]
(a) All subdivision streets and roads shall be constructed in accordance with the Virginia Department of Transportation secondary subdivision roads specifications and requirements.
(b) An adequate cul-de-sac shall be provided in accordance with the Virginia Department of Transportation to allow safe maneuvering by service vehicles, highway equipment, school buses and fire trucks. A 45' minimum pavement radius and 55' right-of-way radius be required for cul-de-sacs.
(c) Private entrances to lots shall be at least 50 feet apart and shall be arranged in such manner as to assure the safe channelization of traffic.
(d) At all intersecting streets, a relatively flat landing should be provided on the side streets and should be of sufficient length to accommodate at least one vehicle. An appropriate transition vertical curve shall be provided to blend intersecting routes and to direct storm drainage to the curb or ditch to prevent the sheet flow of drainage across the intersection from the intersecting street.
(2) Access streets, roads or rights-of-way. Any streets, roads or rights-of-way providing means of ingress and egress for the tract to be subdivided shall be of a minimum width of 50 feet. When a subdivision abuts a public street which is in the State's highway system, the subdivide shall be required to dedicate one-half of the total right-of-way and any easements necessary to make said street conform to Virginia Department of Transportation or county criteria; in addition the subdivide may be required to dedicate the full right-of-way necessary to make horizontal and vertical adjustments to said street or if the property occupies both sides of the roadway.
§ 100-14. Subdivision of land adjacent to incorporated town.
Whenever any part of any subdivision lies within the corporate limits of any town having a zoning or other land use ordinance, the Planning Commission may require compliance with such town's ordinances, in lieu of this chapter, in order to provide for unity of subdivision and to avoid future conflicts in case of the expansion of such town if, in their judgment, this compliance would be necessary for the protection of the health, safety and welfare of future residents and for the orderly development of the general area.
§ 100-15. Pit and tank privies. [Added 6-21-2005]
In no case shall pit or tank privies be approved in any zoning districts unless approved by the Board of Supervisors.
§ 100-16. Advertising standards.
A subdivider, when advertising a subdivided tract of land for sale, shall be specific as to the following items:
A. Whether officially approved public water and public sewage facilities are available or not;
B. The amount of officially public approved water available to each lot purchaser in terms of gallons per day; and [Amended 6-21-2005]
C. No advertising signs advertising a subdivision tract for sale shall be placed within VDOT's roadways rights-of-way. [Amended 6-21-2005]
_____________________________________________
Chapter 100: SUBDIVISION OF LAND
ARTICLE I General Provisions
§ 100-1. Title. This chapter is to be known and cited as the "Subdivision Ordinance of Page County, Virginia."
§ 100-2. Purpose.
The purpose and intent of this chapter is to assure the orderly subdivision of land and its development, to realize the wise and full utilization of our land resources, to ensure that subdivided lands are reasonably suited for their intended purposes, to ensure that anything which would detract from the full enjoyment of the subdivided property for its intended purposes be fully and fairly set forth in the plat filed of record so prospective purchasers will be fairly apprised thereof and to promote the health, safety, convenience and general welfare of the public.
§ 100-3. Word usage and definitions.
In general. For the purpose of this chapter, certain words and terms used herein shall be interpreted or defined as follows: words used in the present tense include the future, words in the singular number include the plural, and the plural the singular, unless the natural construction of the word indicates otherwise; the word "lot" includes the word "parcel"; the word "shall" is mandatory and not directory; the word "approve" shall be considered to be followed by the words "or disapprove"; and reference to this chapter includes all chapters amending or supplementing the same; all distances and area refer to measurement in a horizontal plane.
As used in this chapter the following terms shall have the meanings indicated:
ALLEY — A permanent service way providing a secondary means of access to abutting properties.
BUILDING LINE — The distance which a building is from any street or roadway boundary line.
CLERK OF THE COMMISSION — The appointed representative of the governing body of Page County who is charged with the responsibility for administering and enforcing the provisions of this chapter and with such other specific duties as stated herein, referred to as the “Clerk”.
COMMISSION — The Planning Commission of Page County, Virginia.
CUL-DE-SAC — A street with only one outlet and having an appropriate turnaround a safe convenient reverse traffic movement.
DEVELOPER — An owner of property being subdivided, whether or not represented by an agent.
EASEMENT — A grant by a property owner of the use of land for a specific purpose or purposes.
GOVERNING BODY — The Board of Supervisors of Page County, Virginia.
HEALTH OFFICIAL — Environmental Health Specialist of the Page County Department. The health director or sanitarian of Page County, Virginia.
HIGHWAY ENGINEER — The resident engineer employed by the Virginia Department of Transportation Highways.
Immediate Family Member - Any person who is a natural or legally defined offspring, spouse, sibling, grandchild, grandparent or parent of the owner
JURISDICTION — The area or territory subject to the legislative control of the governing body.
LOT — A numbered and recorded portion of a subdivision intended for transfer of ownership or for building development.
LOT, CORNER — A lot abutting upon two or more streets at their intersection; the shortest side fronting upon a street shall be considered the front of the lot, and the longest side fronting upon a street shall be considered the side of the lot.
LOT, DEPTH OF — The mean horizontal distance between the front and rear lot lines.
LOT, DOUBLE-FRONTAGE — An interior lot having frontage on two streets.
LOT, INTERIOR — A lot other than a corner lot.
LOT OF RECORD — A lot which has been recorded in the office of the Clerk of the Circuit Court.
LOT, WIDTH OF — The horizontal distance between the side lot lines measured at the street front setback line. [Amended 6-21-2005]
ONSITE SEWAGE DISPERSAL AREA- A site specific, survey located area where soils evaluations have found the area to be suitable for installation of a sewage disposal system.
PLAT — Includes the terms "map, plan, plot, replat or replot"; a map or plan of a tract or parcel of land which is to be or which has been subdivided. When used as a verb, "plat" is synonymous with "subdivide."
PROPERTY — Any tract, lot, parcel or several of the same collected together for the purpose of subdividing.
PUBLIC SEWER — A sewer system owned and operated by the County of Page or an incorporated town or a corporation franchised by the Commonwealth of Virginia under the jurisdiction of the State Health Department of Virginia.
PUBLIC WATER — A water system owned and operated by the County of Page or an incorporated town or a corporation franchised by the Commonwealth of Virginia and under the jurisdiction of the State Health Department of Virginia.
SOIL SURVEY — A survey conducted by or approved by the Soil Conservation Service of the United States Department of Agriculture to determine characteristics of soils and related factors relative to suitability for subdivision.
STREET — The principal means of access to abutting properties.
STREET, COLLECTOR — A medium-traveled Category 2 and 3 (251 to 750 cars per day) thoroughfare which collects traffic from minor streets and directs it to a major street as established by the standards and rules of the Virginia Department of Transportation.*1 [Amended 6-21-2005]
STREET, MAJOR — A heavily traveled Category 4 (751 to 1,500 cars per day) thoroughfare or highway that carries through traffic as established by the standards and rules of the Virginia Department of Transportation.*1 [Amended 6-21-2005]
STREET, MINOR — A Category 1 (zero to 250 cars per day) street that is used primarily as a means of public access to the abutting properties as established by the standards and rules of the Virginia Department of Transportation.*1 [Amended 6-21-2005]
*Traffic volume is not the sole determining factor. VDOT uses: (1) rural local; (2) rural collector; (3) rural minor arterial; (4) rural major arterial.
1NOTE: VDOT geometric requirements will be based on the traffic volume and function of the street.
STREET OR ALLEY, PUBLIC USE OF — The unrestricted use of a specified area or right-of-way for ingress and egress to two or more abutting properties.
STREET SERVICE DRIVE — A public right-of-way generally parallel and contiguous to a major highway, primarily designated to promote safety by eliminating dangerous ingress and egress to the right-of-way by providing safe and orderly points of access to the highway and streets ending in cul-de-sac.
STREET WIDTH — The total width of the strip from property line to property line dedicated or reserved for public use or travel, including roadway, curbs, gutters, sidewalks and planting strips.
SUBDIVIDE — To divide any tract, parcel or lot of land situated in whole or in part in the County of Page, Virginia, into two or more lots or parcels of land for the purpose, whether immediate or future, of transfer of ownership or building development and includes resubdivision. However, the term "subdivide" shall not include the following:
1. The straightening or rearranging of property lines of adjoining parcels if the number of lots does not change and the Clerk of the Commission feels that the rearrangement conforms to the intent of this chapter
2. A division of land which, in the opinion of the Clerk of the Commission, meets all of the following requirements:
a. The proposed division is not in conflict with general meaning and purpose of this chapter;
b. No additional streets, roads or rights-of-way are needed to serve any parcel in the proposed division
c. The proposed division of land does not include any dedication of land to public use;
d. No parcel, including any parcel retained or held by the divider, resulting from such proposed division is less than 25 acres.; and [Amended 6-21-2005]
SUBDIVIDER — An individual, corporation or registered partnership owning any tract, lot or parcel of land to be subdivided or a group of two or more persons owning any tract, lot or parcel of land to be subdivided, who have given their power of attorney to one of their group or to another individual to act on their behalf in planning, negotiating for, in representing or executing the legal requirements of the subdivision.
SUBDIVISION — The division of a lot, tract or parcel of land into two (2) or more lots, tracts, or parcels, or other divisions of land for sale, development or lease; or the tracts or parcels of land resulting from the division of property.
THE FOLLOWING SECTION WAS DELETED:
The division of a parcel of land into three or more lots or parcels of less than five acres each 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 resubdivision 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 § 15.2-2258 of the Code of Virginia. [Added 6-21-2005]
SURVEYOR — A person licensed and certified as such by the Commonwealth of Virginia. Editor's Note: Former § 100-4, Exemptions, which immediately followed this section, was repealed 6-21-2005. This ordinance also provided for the redesignation of former §§ 100-5 through 100-13 as §§ 100-4 through 100-12, respectively.
§ 100-4. Exceptions. [Amended 6-21-2005]
Where the subdivider can show that a provision of the standards of this chapter would cause unnecessary hardship if strictly adhered to and where, because of topographical or other conditions peculiar to the site, a departure may be made without destroying the intent of the provisions of this chapter, the Planning Commission may authorize an exception. Any exception authorized by the Commission shall be reduced to writing, with the reasoning on which the departure was justified set forth. No such exception to this chapter may be granted by the Commission which is opposed, in writing, by the governing body, the Resident Highway Engineer of the Virginia Department of Transportation or the Health Official.
§ 100-5. Violations and penalties. [Amended 12-12-2004]
Any person violating the provisions of this chapter shall be subject to a fine of not more than $2,500 or imprisonment for not more than 12 months, or both, per each lot or parcel of land so subdivided or transferred or sold, 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. Editor's Note: Original Section 10-7, Enforcement, which immediately followed this section, was deleted 12-12-1994. See § 100-8 for enforcement provisions.
§ 100-6. Amendments.
This chapter may be amended in whole or in part by the governing body in accordance with the requirements of § 15.1-431 of the Code of Virginia, as amended.
§ 100-7. Administration and enforcement.
A. The Clerk of the Commission shall be charged with the enforcement of the provisions of this chapter.
B. The Clerk of the Commission shall be the agency or person appointed by the governing body. If no such agency or person is appointed as Clerk, the governing body shall be deemed the Clerk and so act until a Clerk is duly appointed. In so doing, the Clerk shall be considered the Clerk of the governing body, and approval or disapproval by the Clerk shall constitute approval or disapproval as though it were given by the governing body. The Clerk shall also consult with the Commission on matters contained herein.
C. In the performance of his duties, the Clerk may call for opinions or decisions, either verbal or written, from other departments or qualified persons in considering details of any submitted plat. In addition to the regulations herein contained for the platting of the subdivisions, the Clerk may, from time to time, establish any reasonable additional administrative procedures with the approval of the governing body for the proper administration of this chapter.
ARTICLE II Classification of Subdivisions; Requirements
§ 100-8 Non-Family Division
A. Non-family division (excluding immediate family division): In Agricultural and Woodland
Conservation zoned districts, the Clerk may permit one division of a parcel into two parcels once every five (CHANGED FROM TWO TO FIVE) years; provided that: [Amended 4-9-1990; 6-21-2005]
1. Any streets, roads, or rights-of-way providing means of ingress and egress for the tract to be subdivided shall be a minimum width of 50 feet to a dedicated recorded public street or throughfare.
2. Each resulting parcel is in accordance with § 125-9 and 125-10 of the Zoning Ordinance
3. The parent tract has not been the subject of a previous division under this subsection (3) within the last five (CHANGED FROM TWO TO FIVE) years.
a. When the above referenced division is completed, the parent tract status will remain with the parcel that has the greater land area of the two tracts. In the case of equal division of land area between both lots, the subdivider shall note which parcel will maintain parent tract status.
b. Parent tract shall be a minimum of 10 acres in order to divide.
5. If a private access easement is the preferred right-of-way, it shall serve no more than two lots. If an existing private street or access easement already serves two or more lots, no additional lots may be served by that street or easement.
6. Maximum depth. The maximum depth of any tract shall not exceed four times its width at the front setback line.
B. Plat Requirements:
1. Requisites for plat shall be as follows:
(a.) The name of the subdivision owner, subdivider, surveyor or engineer, the date of the drawing, the number of sheets, North point and scale. If true North is used, the method of determination must be shown.
(b.) The location of the proposed subdivision by an inset map at a scale of not less than one inch equals one mile, showing adjoining roads, their names and numbers, towns, subdivisions and other landmarks.
(c.) The boundary survey or existing survey of record, provided that such survey shows a closure with an accuracy of not less than one in 2,500, which shall display the following:
i. Total acreage
ii. Acreage of the subdivided area
iii. Number and approximate area and frontage of all building sites
iv. Existing buildings adjoining and within the boundaries of the tract
v. Names of adjoining property owners.
vi. Zoning, use, and deed-book and page-number references for adjoining properties
(d.) Where onsite sewage disposal systems and water supplies will be utilized, each lot shall include a survey located sewage dispersal area and private water supply location as approved by the Page County Health Department. Easements will not be allowed for locations of sewage dispersal areas or private water supplies onto adjacent or other lots.
(e.) All entrances locations shall meet the Virginia Department of Transportations minimum sight distance requirements and therefore will be reviewed and approved by the Virginia Department of Transportation prior to the County approving the subdivision. When a subdivision abuts a public street which is in the State's highway system, the subdivide shall be required to dedicate one-half of the total right-of-way and any easements necessary to make said street conform to Virginia Department of Transportation or county criteria; in addition the subdivide may be required to dedicate the full right-of-way necessary to make horizontal and vertical adjustments to said street or if the property occupies both sides of the roadway.
(f.) When a subdivision adjoins a road in the State's highway system classified as a Collector or higher the governing body may require that access to such lots be limited to a street within the subdivision.
(g.) All existing, platted and proposed streets, their names, number and width; existing utility or other easements, public areas and parking spaces; and culverts, drains and watercourses, their names and other pertinent data.
(h.) To ensure that residents will have sufficient land upon which to build a house which is flood-free, the subdivider shall indicate any floodplains or floodways on the plat
(changed from: THE CLERK MAY REQUIRE THE SUBDIVIDER TO PROVIDE ELEVATION AND FLOOD PROFILES TO DEMONSTRATE THE LAND TO BE COMPLETELY FREE OF THE DANGER OF FLOODWATERS.)
(i.) Proposed connections with existing sanitary sewers and existing water supply or alternate means of sewage disposal and water supply.
(j.) All parcels of land to be dedicated for public use and the conditions of such dedication.
(k.) Two copies of, all protective covenants, plats, and deed restrictions shall accompany the application plat.
(l.) Any additional information requested by the Clerk.
2. Approval. The subdivider shall be advised, in writing, within 15 days for Non Family divisions, which may be by formal letter or by legible markings on his copy of the plat, concerning any additional data that may be required.
C. Fees: Non-family division Review - $100
§ 100-9 Immediate Family Division
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, subject only to any express requirement contained in the Code of Virginia.
THIS SECTION WAS DELETED: and to the requirement imposed by the County of Page that all lots of less than five acres have a right-of-way of not less than 20 feet providing ingress and egress to a dedicated recorded public street or thoroughfare. However, only one such division shall be allowed per family member and shall not be for the purpose of circumventing the purpose or provisions of this chapter. For the purpose of this subsection, a "member of the immediate family" is defined as any person who is a natural or legally defined offspring, spouse, sibling, grandchild, grandparent or parent of the owner. All proposed entrances or existing entrances that will generate additional traffic will need to be reviewed and approved by VDOT prior to establishing the location of the twenty-foot right-of-way. Any new twenty-foot right-of-way created needs to meet minimum intersection sight distance criteria as established by the current edition of VDOT's Minimum Standards of Entrances to State Highways. A VDOT permit shall be obtained prior to construction of any new entrance(s) or improvement of any existing entrance(s). If multiple twenty-foot rights-of-way will be created adjacent to each other, a single standard private subdivision road/street entrance will be required to service the multiple rights-of-way at one entrance location in accordance with VDOT's Minimum Standards of Entrances to State Highways.
END OF DELETED SECTION
NEWLY ADDED SECTION:
1. The immediate family division shall adhere to following:
a. All lots shall have a right-of-way of not less than 20 feet providing ingress and egress to a dedicated recorded public street or thoroughfare.
b. The transference of newly created immediate family lots to a person other than a member of the immediate family shall not take place for a period less than five (5) years.
c. The property owner requesting such subdivision shall have held fee simple title to the property to be subdivided for a period of five (5) years prior to the filing of the family subdivision application. The Zoning Administrator shall have the authority to allow a re-conveyance prior to this time period, granted that the family member seeking the exception must provide the Zoning Administrator with documentation displaying either an economic hardship, death, or marital status change occurring within this time frame.
d. The applicant shall sign an affidavit, certifying they are an “Immediate Family Member” which shall be recorded with the deed of conveyance and plat.
e. Maximum depth. The maximum depth of any tract shall not exceed four times its width at the front setback line
Plat Requirements:
Requisites for plat shall be as follows:
(a.) The name of the subdivision owner, subdivider, surveyor or engineer, the date of the drawing, the number of sheets, North point and scale. If true North is used, the method of determination must be shown.
(b.) The location of the proposed subdivision by an inset map at a scale of not less than one inch equals one mile, showing adjoining roads, their names and numbers, towns, subdivisions and other landmarks.
(c.) The boundary survey or existing survey of record, provided that such survey shows a closure with an accuracy of not less than one in 2,500 which shall display the following:
i. Total acreage
ii. Acreage of the subdivided area
iii. Number and approximate area and frontage of all building sites
iv. Existing buildings adjoining and within the boundaries of the tract
v. Names of adjoining property owners.
vi. Zoning, use, and deed-book and page-number references for adjoining properties
(d.) Where onsite sewage disposal systems and water supplies will be utilized, each lot shall include a survey located sewage dispersal area and private water supply location as approved by the Page County Health Department. Easements will not be allowed for locations of sewage dispersal areas or private water supplies onto adjacent or other lots.
(e.) All entrances locations shall meet the Virginia Department of Transportations minimum sight distance requirements and therefore will be reviewed and approved by the Virginia Department of Transportation prior to the County approving the subdivision. When a subdivision abuts a public street which is in the State's highway system, the subdivider shall be required to dedicate one-half of the total right-of-way and any easements necessary to make said street conform to Virginia Department of Transportation or county criteria; in addition the subdivider may be required to dedicate the full right-of-way necessary to make horizontal and vertical adjustments to said street or if the property occupies both sides of the roadway.
(f.) When a subdivision adjoins a road in the State's highway system classified as a Collector or higher, the governing body may require that access to such lots be limited to a street within the subdivision.
(g.) All existing, platted and proposed streets, their names, number and width; existing utility or other easements, public areas and parking spaces; and culverts, drains and watercourses, their names and other pertinent data.
(h.) To ensure that residents will have sufficient land upon which to build a house which is flood-free, the Clerk may require the subdvider to provide elevation and flood profiles sufficient the subdivider shall indicate any floodplains or floodways on the plat to demonstrate the land to be completely free of the danger of floodwaters
(i.) Proposed connections with existing sanitary sewers and existing water supply or alternate means of sewage disposal and water supply.
(j.) All parcels of land to be dedicated for public use and the conditions of such dedication.
(k.) Two copies of, all protective covenants, plats, and deed restrictions shall accompany the application plat.
(l.) Any additional information requested by the Clerk.
2. Approval. The subdivider shall be advised, in writing, within 15 days for Immediate Family divisions, which may be by formal letter or by legible markings on his copy of the plat, concerning any additional data that may be required.
Fees. Immediate family division Review - $100 per lot
Subdivisions not otherwise exempted by definition as stated in Article I, § 100-3 of this chapter, shall be classified as follows:
§ 100-10. Subdivisions classified.
Subdivisions not otherwise exempted by definition as stated in Article I, § 100-3 of this chapter, shall be classified as follows:
A. Class A subdivision: a subdivision creating any lot less than three acres.
B. Class B subdivision: a subdivision which results in all lots being three acres or more.
§ 100-11. General requirements.
General requirements for Class A and Class B subdivisions shall be as follows:
A. Preliminary sketch.
(1.) The subdivider may, if he so chooses, submit to the Clerk a preliminary sketch of the proposed subdivision prior to his preparing engineered preliminary and final plats. The purpose of such preliminary sketch is to permit the Clerk to advise the subdivider whether his plans in general are in accordance with the requirements of this chapter. The Clerk, upon submission of any preliminary sketch, shall study it and advise the subdivider wherein it appears that changes would be necessary. The Clerk may mark the preliminary sketch indicating the necessary changes, and any such marked sketch shall be returned to the subdivider with the preliminary plat.
(2) Requisites for preliminary sketch. It shall be drawn on white paper or on a print of a topographic map of the property. It shall be drawn to a scale of 200 feet or less to the inch. It shall show the name, location and dimensions of all streets entering the property, adjacent to the property or terminating at the boundary of the property to be subdivided. It shall show the location of all proposed streets, lots, parks, playgrounds and other proposed uses of the land to be subdivided and shall include the approximate dimensions.
B. Preliminary plat. The subdivider shall present to the Clerk five prints of a preliminary layout at a scale of 200 feet or less to the inch as a preliminary plat.
(1). Requisites for preliminary plat shall be as follows:
(a.) The name of the subdivision owner, subdivider, surveyor or engineer, the date of the drawing, the number of sheets, North point and scale. If true North is used, the method of determination must be shown.
(b.) The location of the proposed subdivision by an inset map at a scale of not less than one inch equals one mile, showing adjoining roads, their names and numbers, towns, subdivisions and other landmarks
(c.) The boundary survey or existing survey of record, provided that such survey shows a closure with an accuracy of not less than one in 2,500, which shall display the following :
i. Total acreage
ii. Acreage of the subdivided area
iii. Number and approximate area and frontage of all building sites
iv. Existing buildings adjoining and within the boundaries of the tract
v. Names of adjoining property owners.
vi. Zoning, use, and deed-book and page-number references for adjoining properties
(d.) All existing, platted and proposed streets, their names, number and width; existing utility or other easements, public areas and parking spaces; and culverts, drains and watercourses, their names and other pertinent data.
(e.) The complete drainage layout, including all pipe sizes, types, drainage easements and means of transporting the drainage to a well-defined natural drainage.
(f.) A cross section showing the proposed street construction depth and type of base, type of surface, etc.
(g.) A profile or contour map showing the proposed grades for the streets and drainage facilities, including elevations of existing and proposed ground surface at all street intersections and at points of major grade change along the center line of streets, together with proposed grade lines connecting therewith.
(h.) Proposed connections with existing sanitary sewers and existing water supplies. Where onsite disposal systems and water supplies will be utilized, the plat shall indicate proposed locations for onsite sewage dispersal areas and private water supplies. All proposed locations for sewage dispersal areas and water supply locations shall be field approved by the Environmental Health Staff of the Page County Health Department. Field approval shall include the onsite review of soils evaluations of proposed sewage dispersal areas as presented by private evaluators. Proposed onsite private water supply locations must also be approved by the Page County Health Department.
(i.) All parcels of land to be dedicated for public use and the conditions of such dedication.
(j.) A copy of all protective covenants and deed restrictions shall accompany the plat.
(k.) When a subdivision adjoins a road in the State's highway system classified as a Collector or higher, the governing body may require that access to such lots be limited to a street within the subdivision
(l.) Any additional information requested by the Clerk.
(2) Approval. The Clerk or his appointed representative shall discuss the preliminary plat with the subdivider in order to determine whether or not his preliminary plat generally conforms to the requirements of this chapter. The subdivider shall then be advised, in writing, within 45 days, which may be by formal letter or by legible markings on his copy of the preliminary plat, concerning any additional data that may be required, the character and extent of public improvements that will have to be made and an estimate of the cost of construction or improvements and the amount of the performance bond which will be required as prerequisite to approval of the final subdivision plat. In determining the cost of required improvements and the amount of the performance bond, the Clerk shall consult with a duly licensed engineer who shall prepare this data for the Clerk and/or may require a bona fide estimate of the cost of improvements to be furnished by the subdivider. Approval by the Clerk of the preliminary plat does not constitute a guarantee of approval of the final plat.
C. Final plat. Any owner or developer of any tract of land situated within Page County, Virginia, who proposes to subdivide the same shall cause a plat of such subdivision, with reference to known or permanent monuments, to be made and recorded in the office of the Clerk of the Circuit Court. No such plat of subdivision shall be recorded unless and until it shall have been submitted, approved and certified by the Clerk of the Commission in accordance with the requirements set forth in this chapter. No lot shall be transferred or sold until a final plat for the subdivision shall have been approved and recorded. The subdivider shall have not more than six months after receiving official notification concerning the preliminary plat to file with the Clerk a final subdivision plat in accordance with this chapter. Failure to do so shall make preliminary approval null and void. The Clerk may, on written request by the subdivider, grant an extension of this time limit.
(1) Requisites for final plat.
(a) Every subdivision plat which is intended for recording shall be prepared by a certified professional engineer or land surveyor, who shall endorse upon each such plat a certificate signed by him 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, land planners, architects, landscape architects or others having training or experience in subdivision planning or design.
(b) In addition, the plat submitted for approval and recording shall be clearly and legibly drawn on stable transparent material at a scale of 200 feet to the inch on sheets having a size of 13 1/2 inches by 17 inches, and a blank oblong space three inches shall be reserved for the use of the Commission.
(c) In addition, there shall be an accurate location and dimensions by bearings and 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 and widths, existing utilities and those to be provided, such as sanitary sewers, storm drains, water mains, manholes and underground conduits, including their size and type, watercourses and their names and names of owners and their property lines, both within the boundary of the subdivision and adjoining said boundaries.
(d) Distances and bearings must balance and close with an accuracy of not less than one in 10,000. All bearings shall be calculated from State Grid North, and at least one point shall have State Plane coordinates.
(e) The data of all curves along the street frontage shall be shown in detail at the curve or in a curve data table containing the following: Delta, radius, arc, tangent, chord and chord bearings.
(f) Where onsite sewage dispersal system and private water supplies are to be utilized, the plat shall include survey locations of Page County Health Department approved sewage dispersal areas and private water supplies. Easements will not be allowed for locations of sewage dispersal areas or private water supplies onto adjacent or other lots.
DELETED: There shall be so indicated on the face of the plat the lots which are currently suitable for sewage disposal system installation by using the following language: "preliminary approval of the local Health Department for each lot, where onsite disposal systems and water supplies will be utilized." There shall be so indicated on the face of the plat the lots which are not currently suitable for sewage disposal system installation by using the following language: "preliminary testing by the local Health Department indicates not suitable for sewage disposal system installation." The Clerk shall require the subdivider to furnish evidence from the local Health Department showing the results of the testing of the lots shown on the final plat. There shall be indicated on the face of the plat the date of sewage disposal system approval or disapproval of each lot by the Health Department. [Amended 6-21-2005]
(g) All lots or parcels that are not approved for sewage disposal systems after subdividing must be added to adjacent lots or otherwise disposed of rather than being allowed to be used as unusable parcels. [Added 6-21-2005 Editor's Note: This ordinance also provided for the redesignation of former Subsection C(1)(g) as Subsection C(1)(h). ]
END OF DELETED SECTION
(h) A deed of dedication shall accompany the final plat, and every such plat or deed of dedication to which the plat is attached shall contain, in addition to the professional engineer's or land surveyor's certificate, a statement as follows: "The platting or dedication of the following described land (here insert a correct description of the land subdivided) is with the free consent and in accordance with the desire of the undersigned owners, proprietors and trustees, if any." The statement shall be signed by such persons and duly acknowledged before some officer authorized to take acknowledgment of deeds. When thus executed and acknowledged, the plat, if so approved, shall be filed and recorded in the office of the Clerk of the Circuit Court and indexed in the general index to deeds under the names of the owners of land signing such statement and under the name of the subdivision.
(2) Approval and recordation.
(a) The Clerk shall act on any proposed plat 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.
(b) If the Clerk fails to approve or disapprove the plat within 60 days after it has been officially submitted for approval, the subdivider, after 10 days' written notice to the Commission or the Clerk, 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.
(c) The plat shall not be approved until the subdivider has complied with the general requirements and minimum standards of designs in accordance with this chapter and has made satisfactory arrangements for bond with surety to cover the cost of necessary improvements, in lieu of construction, to the satisfaction of the Clerk. Approval of the final plat shall be written on the face of the plat by the Clerk. The subdivider shall record the plat within 60 days after final approval; otherwise, the Clerk shall mark the plat "void" and return the same to the subdivider.
(d) A plat of the size and scale required by this chapter shall be submitted to the Commissioner of Revenue's office for transfer to the Page County Tax Maps and Records at the time of recording of any subdivision with the Clerk of the Circuit Court of Page County.
(e) Recordation of plat as transfer of streets, termination of easements and rights-of-way, etc. The recordation of such plat shall operate to transfer, in fee simple, to the County such portion of the premises platted as is on such plat set apart for streets, alleys or other public use and to transfer to the County any easement indicated on such plat to create a public right of passage over the same; but nothing contained in this subsection shall affect any right of a subdivider of land heretofore validly reserved.
(3) Appeal. In the event that a plat for a subdivision is disapproved by the Clerk, the subdivider may appeal directly to the Planning Commission of Page County, which may override the recommendation of the Clerk and approve said plat. In the event that a plat for subdivision is disapproved on appeal by the Planning Commission, the subdivider may appeal to the Board of Supervisors of Page County, which may override the recommendation of the Planning Commission and approve said plat. If the Planning Commission and the Board of Supervisors disapprove the proposed plat and the subdivider contends that such disapproval was not properly based on the chapter applicable thereto or was arbitrary or capricious, he may appeal to the Circuit Court, and said Court shall hear and determine the case as soon as may be, provided that the appeal is filed with the Circuit Court within 60 days of the written disapproval by the Board of Supervisors. The subdivider shall, however, have the right to appeal the decision of the Planning Commission directly to the Circuit Court within 60 days of the written disapproval by such Planning Commission.
D. Changes. No change, erasure or revision shall be made on any preliminary or final plat, nor on accompanying data sheets after approval of the Clerk has been endorsed, in writing, on the plat or sheets, unless authorization for such changes has been granted, in writing, by the Clerk.
E. Fees. There shall be a fee of $250 per plat and $40 per lot for the examination and review of every plat submitted to the Clerk…Lot fees shall be returned if the plat is not approved; however, the plat fee of $250 will be retained.
Class A & B divisions - $250 per plat and $40 per lot
F. Bonding.
(1.) Before any subdivision plat will be finally approved by the Clerk, the subdivider shall, as a condition for the acceptance of dedication for public use of any right-of-way located within any subdivision which has constructed or proposed to be constructed within the subdivision any street, curb, gutter, sidewalk, bicycle trail, drainage or sewer system, waterline, as part of a public system, or other improvement, financed or to be financed in whole or in part by private funds, be required to certify to the governing body that the construction costs have been paid to the person constructing such facilities or furnish to the governing body a certified check or cash escrow in the amount of the estimated costs of construction or a personal, corporate or property bond, with surety satisfactory to the governing body, in an amount sufficient for and conditioned upon the construction of such facilities or a contract for the construction of such facilities and the contractor's bond, with like surety, in like amount and so conditioned, or furnish to the governing body a bank or savings and loan association's letter of credit on designated funds satisfactory to the governing body as to the bank or savings and loan association, the amount and the form; and, in the event that the governing body has accepted the dedication of a road for public use and such road, due to factors other than its quality of construction, is not acceptable into the Virginia Department of Transportation system, the governing body shall require the subdivider or developer to furnish the County with a maintenance and indemnifying bond, with surety satisfactory to the governing body, in an amount sufficient for and conditioned upon the maintenance of such road until such time as it is accepted into the state highway system or, in lieu of such bond, a bank or savings and loan association's letter of credit on certain designated funds satisfactory to the governing body as to the bank or savings and loan association, the amount and the form. "Maintenance of such road" shall be deemed to mean maintenance of the streets, curbs, gutters, drainage facilities, utilities or other street improvements, including the correction of defects or damages and the removal of snow, water or debris, so as to keep such road reasonably open for public usage. [Amended 6-21-2005]
(2.) The performance guaranty shall be calculated by the Clerk to secure the required improvements in a workmanlike manner and in accordance with specifications, geometric design standards and construction schedules established or approved by the Virginia Department of Transportation Engineer, the Health Official, etc. The completion schedules shall be made known by the subdivider to the purchasers of the properties affected. Such performance guaranty may be extended upon application to and approval by the Clerk and the governing body. All performance guaranties shall be payable to and held by the governing body. [Amended 6-21-2005]
(3.) The governing body shall provide a complete release of any bond, escrow, letter of credit or other performance guaranty required hereunder within 30 days after receipt of written notice by the subdivider or developer of completion of part or all of any facilities required to be constructed hereunder unless the governing body notifies said subdivider or developer, in writing, of any specified defects or deficiencies in construction and suggested corrective measures prior to the expiration of said thirty-day period; provided, however, that the governing body shall not be required to release such bond, escrow, letter of credit or other performance guaranty in an amount to exceed 90% of the actual cost of the construction for which the bond was taken until such facilities have been completed and accepted by the governing body or state agency. For the purposes of this subsection, a certificate of partial or final completion of such facilities from either a duly licensed professional engineer or land surveyor or from a department or agency designated by the local government may be accepted without requiring further inspection of such facilities.
G. Resubdivision of existing lots. [Amended 9-6-1994]
(1.) Lots in an existing subdivision may be resubdivided if the lots resulting from such resubdivision meet all other requirements of the Code of Page County, Virginia, including, but not limited to, lot size, acreage and road or right-of-way access. The owner of such lot requesting a resubdivision shall furnish to the Zoning Administrator certified copies from the Clerk's Office of the Circuit Court of Page County, Virginia, evidencing the restrictive covenants and restrictions currently in effect in such subdivision. If the restrictive covenants or restrictions in effect in such subdivision disallow redivision of lots in the subdivision, then such proposed resubdivision shall not be approved by the Zoning Administrator. Prior to the Zoning Administrator authorizing approval of the resubdivision, the owner of such lot shall apply for and receive written approval of the Page County Health Department that the proposed lots resulting from said resubdivision shall meet preliminary approval for a sewage disposal system installation. [Amended 9-15-1997; 6-21-2005]
(2.) Resubdivided lots shall not be smaller in size than those lots allowed in the original subdivision. Requests for such resubdivision shall be accompanied by the appropriate plat as required by this chapter.
H. Suitability of land; flood control and drainage; sediment and erosion control.
(1.) The Clerk shall not approve the subdivision of land if, from adequate investigations, including a soil survey where required, conducted by all public agencies concerned, it has been determined that in the best interest of the public the site is not suitable for plotting and development purposes of the kind proposed.
(2.) Land subject to frequent overflow or land with Category E or F slopes with highly erosive soils, as determined by a soil survey, shall not be platted for residential occupancy nor for such other uses as may increase danger to health, life or property or aggravate erosion or flood hazard. Such land within the subdivision shall be set aside on the plat for such uses as shall not be endangered by frequent overflow or shall not produce conditions contrary to public welfare.
(3.) To ensure that residents will have sufficient land upon which to build a house which is flood-free, the subdivider shall indicate any floodplains or floodways on the plat
(4.) The subdivider shall provide all necessary information needed to determine what improvements are necessary to properly develop the subject property, including contour intervals, drainage plans and flood control devices. The subdivider shall also provide a qualified certified engineer's or surveyor's statement that such improvements, when properly installed, will be adequate for proper development. The Virginia Department of Transportation Engineer shall then approve or disapprove the plans. The subdivider shall also provide any other information required by the Virginia Department of Transportation Engineer. [Amended 6-15-2005]
(5.) Maximum depth. The maximum depth of any tract shall not exceed four times its width at the front setback line
§ 100-12. Class A subdivision.
A. In addition to those general requirements specified in Article II, § 100-11, a proposed Class A subdivision shall be subject to the following requirements and regulations acknowledging that there is a mutual responsibility between the subdivider and Page County, Virginia, to divide the land so as to improve the general use pattern of the land being subdivided.
B. Required improvements. All required improvements shall be installed by the subdivider at his cost. In cases where specifications and geometric design standards have been established either by the Virginia Department of Transportation Highways for streets, curbs, etc., or by local chapters and codes, such specifications shall be followed.
(1) Lot size. [Amended 6-21-2005]
(a) See Zoning Ordinance § 125-11.E
(b) Exceptions. Greater lot areas may be required where individual sewage disposal systems or individual wells are used if the Health Official determines that there are factors of drainage, soil conditions or other conditions to cause potential health problems.
(2) Lot shape, design, arrangement and purpose. The lot arrangement, design and shape shall be such that lots will provide satisfactory and desirable sites for buildings and be properly related to topography and conform to requirements of this chapter. Lots shall not contain peculiarly shaped elongations solely to provide necessary square footage of area which would be unusable for normal purposes.
(a) Location. When a subdivision abuts a public street which is in the State's highway system, the subdivide shall be required to dedicate one-half of the total right-of-way and any easements necessary to make said street conform to Virginia Department of Transportation or county criteria; in addition the subdivide may be required to dedicate the full right-of-way necessary to make horizontal and vertical adjustments to said street or if the property occupies both sides of the roadway.
(b) Side lines. Side lines of lots shall be approximately at right angles or radial to the street line. [Amended 6-21-2005]
(c) Remnants. All remnants of lots below minimum size left over after subdividing of a tract must be added to adjacent lots or otherwise disposed of rather than allowed to remain as unusable parcels.
(d) Separate ownership. Where the land covered by a subdivision includes two or more parcels in separate ownership and lot arrangement is such that a property ownership line divides one or more lots, the land in each lot so divided shall be transferred by deed to single ownership, simultaneously with the recording of the final plat. Said deed is to be deposited with the Clerk of the Court and held with the final plat until the subdivider is ready to record the same, and they both shall then be recorded together.
(e) Business or industrial lots. Lots intended for business or industrial use shall be designated specifically for such purposes with adequate space set aside for off-street parking and delivery facilities. Each case must be approved in advance by the Planning Commission of Page County.
(f) Automobile access required. All lots appearing on a subdivision plat will have access by conventional automobiles primarily designed for highway use to an approved building site on that lot, or, if any lot does not have such access, sufficient warning will be set forth on the plat to so alert prospective purchasers. Any lot not having such access and which is identified by such warning will have access to sufficient area for off-street parking that will accommodate at least two ten-foot by twenty-foot parking spaces.
(g) Lots marked. Lot corners shall be marked with iron pipe not less than 3/4 inch in diameter and 36 inches long and driven so as to be not less than 10 inches above the ground with 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 1/2 inch in diameter, the top of which shall be not less than 10 inches above the finished grade.
(3) Blocks.
(a) 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.
(b) Width. Blocks shall be wide enough to allow two tiers of lots of minimum depth, except where backing on major streets, unless prevented by topographical conditions or size of the property, in which case the Clerk may approve a single tier of lots of minimum depth.
(c) Orientation. Where a proposed subdivision will adjoin a major road, the Clerk may require that the greater dimension of the block shall back upon such major thoroughfare to avoid unnecessary ingress or egress.
(4) Streets.
(a) 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 the Clerk, 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 where they shall terminate in temporary cul-de-sac. Upon extension to the adjacent street system, remnants of the temporary cul-de-sac shall revert to the lot owners adjoining said cul-de-sac. Half streets along the boundary of land proposed for subdivision shall not be permitted. Whenever possible, streets shall intersect at right angles as established by the standards and rules of the Virginia Department of Transportation. [Amended 6-21-2005]
(b) Service drives. Whenever a proposed subdivision contains or is adjacent to a limited access highway or expressway, provision shall be made for a service drive or marginal street approximately parallel to such right-of-way at a distance suitable for an appropriate use of the land between such highway and the proposed subdivision. Such distance shall be determined with due consideration of the minimum distance required for ingress and egress to the main thoroughfare. The right-of-way of any major highway or street projected across any railroad, limited access highway or expressway shall be of adequate width to provide for the cuts or fills required for any future separation of grades as established by the standards and rules of the Virginia Department of Transportation. [Amended 6-21-2005]
(c) Approach angle. Major streets shall approach major, collector or minor streets at an angle of not less than 80°; and in all hillside areas, streets running with contours shall be required to intersect at angles not less than 70° 60°, unless the Clerk, upon recommendation by the Virginia Department of Transportation Engineer, shall approve a lesser angle of approach for reasons of contour, terrain or matching of existing patterns as established by the standards and rules of the Virginia Department of Transportation. [Amended 6-21-2005]
(d) Minimum widths. The minimum widths of proposed streets, measured from lot line to lot line, shall be as shown on the major street plan as established by the standards and rules of the Virginia Department of Transportation. [Amended 6-21-2005]
i. Local service drives which cannot be extended in the future: not less than 50 feet.
ii. Alleys, if permitted: not less than 20 feet nor more than 28 feet.
(e) Access streets, roads or rights-of-way. Any street, road or right-of-way providing means of ingress and egress for the tract to be subdivided shall be of a minimum width of 50 feet.
(f) Construction requirements. All subdivision streets and roads shall be constructed in accordance with the Virginia Department of Transportation secondary subdivision roads specifications and requirements. [Amended 6-21-2005]
(g) Alleys. Alleys should be avoided wherever possible. Dead-end alleys, if unavoidable, shall be provided with adequate turnaround facilities as determined by the Clerk.
(h) Private streets and reserve strips. There shall be no private streets platted in any subdivision. Every subdivided property shall be served from a publicly dedicated street. There shall be no reserve strips controlling access to streets.
(i) Cul-de-sac. Minor terminal streets (cul-de-sac) designed to have one end permanently closed shall be no longer than 400 feet to the beginning of the turnaround. Each cul-de-sac must be terminated by a turnaround having a right-of-way width as established by the standards and rules of the Virginia Department of Transportation. A 45' minimum pavement radius and 55' right-of-way radius be required for cul-de-sacs. [Amended 6-21-2005]
(j) Names. Proposed streets which are obviously in alignment with other already existing and named streets shall bear the names of the existing streets. In no case shall the names of proposed streets 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 the preliminary and final plat and shall be approved by the Clerk. Names of existing streets shall not be changed except by approval of the governing body. The Clerk shall keep a list of all street names.
(k) Identification signs. Street identification signs of a design consistent with the regulations of the Virginia Department of Transportation shall be installed at all intersections. Also need to be consistent with regulations of County of Page since named street identification signs are not installed or maintained by VDOT. [Amended 6-21-2005]
(l) Monuments. Concrete monuments four inches in diameter or square and three feet long, with flat top, shall be set at all street corners, at all points where the street line intersects the exterior boundaries of the subdivision, and at right angles, point and points of curve in each street. The top of the monument shall have an appropriate mark to identify properly the location and shall be set three inches above the finished grade. Upon completion of subdivision streets, sewers and other improvements, the subdivider shall make certain that all monuments required by this chapter are clearly visible for inspection and use. Such monuments shall be inspected and approved by the Clerk before any improvements are accepted by the governing body.
(5) DELETED: Sewage disposal system. The Clerk shall require that data from a soil survey be submitted as a basis for passing upon subdivisions dependent upon on site sewage disposal as a means of sewage disposal. The Clerk shall not approve any subdivision where a sanitary sewer system is not provided, unless the Clerk shall receive, in writing, from the Soil Conservationist of the United States Department of Agriculture a statement to the effect that the area contained in the subdivision is generally satisfactory for the installation of sewage disposal systems and that they will not, so far as can be determined, create hazards to public health and that such approval by the Clerk is only with the understanding that where on site sewage disposal systems are to be installed these must be approved on an individual lot basis by the State Health Department of Virginia or the Local Health Official. [Amended 6-21-2005]
(6) Easements. The Clerk may require that easements for drainage through adjoining property be provided by the subdivider. Easements of not less than 15 feet in width shall be provided for water, sewer, power lines and other utilities in the subdivision when required by the Clerk.
(7) Public water. Where public water is available within 200 feet of the boundary line of the subdivision, the services shall be extended to all lots within said subdivision.
(8) Private water and/or sewer. Nothing in this chapter shall prevent the installation of privately owned water distribution systems or sewage collection and treatment facilities; provided, however, that any such installations must meet all of the specific requirements of the State Health Department, and specific approval of the same must be obtained from the Commission. [Amended 6-21-2005]
(9) Fire protection. The installation of adequate fire hydrants in a subdivision at locations approved by the Clerk shall be required, provided that public water is available. The Clerk shall consult with the National Board of Fire Underwriters before approving such locations.
§ 100-13. Class B subdivision.
A. In addition to those general requirements specified in Article II, § 100-11, a proposed Class B subdivision shall be subject to the following requirements and regulations, acknowledging that there is a mutual responsibility between the subdivider and Page County, Virginia, to divide the land so as to improve the general use pattern of the land being subdivided.
B. Requirements.
(1) Roads. Each lot shall front on a public right-of-way of a minimum to be in accordance with the Virginia Department of Transportation secondary subdivision road specifications and requirements, and each lot shall have a minimum frontage on said right-of-way of 200 feet with specific requirements as follows: [Amended 6-21-2005]
(a) All subdivision streets and roads shall be constructed in accordance with the Virginia Department of Transportation secondary subdivision roads specifications and requirements.
(b) An adequate cul-de-sac shall be provided in accordance with the Virginia Department of Transportation to allow safe maneuvering by service vehicles, highway equipment, school buses and fire trucks. A 45' minimum pavement radius and 55' right-of-way radius be required for cul-de-sacs.
(c) Private entrances to lots shall be at least 50 feet apart and shall be arranged in such manner as to assure the safe channelization of traffic.
(d) At all intersecting streets, a relatively flat landing should be provided on the side streets and should be of sufficient length to accommodate at least one vehicle. An appropriate transition vertical curve shall be provided to blend intersecting routes and to direct storm drainage to the curb or ditch to prevent the sheet flow of drainage across the intersection from the intersecting street.
(2) Access streets, roads or rights-of-way. Any streets, roads or rights-of-way providing means of ingress and egress for the tract to be subdivided shall be of a minimum width of 50 feet. When a subdivision abuts a public street which is in the State's highway system, the subdivide shall be required to dedicate one-half of the total right-of-way and any easements necessary to make said street conform to Virginia Department of Transportation or county criteria; in addition the subdivide may be required to dedicate the full right-of-way necessary to make horizontal and vertical adjustments to said street or if the property occupies both sides of the roadway.
§ 100-14. Subdivision of land adjacent to incorporated town.
Whenever any part of any subdivision lies within the corporate limits of any town having a zoning or other land use ordinance, the Planning Commission may require compliance with such town's ordinances, in lieu of this chapter, in order to provide for unity of subdivision and to avoid future conflicts in case of the expansion of such town if, in their judgment, this compliance would be necessary for the protection of the health, safety and welfare of future residents and for the orderly development of the general area.
§ 100-15. Pit and tank privies. [Added 6-21-2005]
In no case shall pit or tank privies be approved in any zoning districts unless approved by the Board of Supervisors.
§ 100-16. Advertising standards.
A subdivider, when advertising a subdivided tract of land for sale, shall be specific as to the following items:
A. Whether officially approved public water and public sewage facilities are available or not;
B. The amount of officially public approved water available to each lot purchaser in terms of gallons per day; and [Amended 6-21-2005]
C. No advertising signs advertising a subdivision tract for sale shall be placed within VDOT's roadways rights-of-way. [Amended 6-21-2005]
Saturday, November 10, 2007
Listening Post
As promised, we are going to talk about the position of women, and the culture of Page County. This is where you can post your concerns about the culture. But those concerns can not speak in any manner about issues that are under investigation. Why? Because they are under investigation, that's why. I can't post anonymous comments about that. You cannot say any words, of any type, good or bad, about any person by name.
But here's what you can post about. You can post about your situation, your feelings, your opinions. You can be heard about your frustrations. You can talk about your wishes and hopes and dreams. You can talk about why you feel you cannot reach your dreams. You can describe your needs and desires for the future. You can wonder about the World Outside Oz. (WOO)
Why should we do this? Because apparently, people want to. That is good enough reason. And after there is enough open talk about how people feel, a pattern will emerge. That pattern should help our elected officials, whom the people voted for, to help the community. And all of our charitable organizations, NorthWest, Page One, Choices, and many others, may benefit from hearing this.
Or, maybe not. If no one wants to post these things here, don't post them on other threads, either. The other threads are about the Board of Supervisors spending us to death.
An open forum is more than just a listening post. It's a place to explore and consider what can be done, and examine issues.
Alice
But here's what you can post about. You can post about your situation, your feelings, your opinions. You can be heard about your frustrations. You can talk about your wishes and hopes and dreams. You can talk about why you feel you cannot reach your dreams. You can describe your needs and desires for the future. You can wonder about the World Outside Oz. (WOO)
Why should we do this? Because apparently, people want to. That is good enough reason. And after there is enough open talk about how people feel, a pattern will emerge. That pattern should help our elected officials, whom the people voted for, to help the community. And all of our charitable organizations, NorthWest, Page One, Choices, and many others, may benefit from hearing this.
Or, maybe not. If no one wants to post these things here, don't post them on other threads, either. The other threads are about the Board of Supervisors spending us to death.
An open forum is more than just a listening post. It's a place to explore and consider what can be done, and examine issues.
Alice
Friday, November 9, 2007
$66,000 an Acre in Page
Seriously. We could move the county administration building to Rappahannock and buy land for a lot less than $66,000 an acre.
It turns out its 9 acres for $600,000.
In a down market. With no one else bidding or trying to buy that same land.
The real beauty of a plan for the county to buy land at $66,000 an acre is that after the sale, that number will go into the database of sold land, and when the state counts the land sold compared to the price, considering how LITTLE land will be sold in Page, it will dominate the numbers, and make our real estate values look LOW, because the database contains very few sales except that crazy one.
Then Tommy La France can tell Charlie Campbell it's okay to do a reassessment, because the values went up again, and they need the extra money to pay for the school athletic fields, the county office COMPLEX, etc etc
Anybody who can find some alternative land for the county to buy, at an actual reasonable market price -- they're looking for 9 acres. Somebody go find them an alternative and post it quick. They need parking areas, flat land, easily accessible, near town. Then call 743-4142 and ask to talk to Mark Belton.
Fact is: if no alternative 9 acres shows up, they still have 3 of the 5 votes to push this kind of stuff through. Who will vote for it? For SURE, John Rust will vote for it. Tommy LaFrance will vote for it. And then either Carol Lee or Charlie will vote for it, depending on factors I haven't figured out yet. Interesting that Charles Ballard's seat was left empty for so long, without a temporary fill in. It makes 3 the winning number.
Mark Belton. What are you thinking?
To the posters out there whose posts are being rejected. Try focusing on THIS. Baby steps, people. Take it slow. Don't step on the mines.
OR, maybe the Blog is still full of crap, and it's true that "prime" commercial land in Page is worth $66,000 an acre.
Let's go with that. Does anybody have any data to support any price in Page on land for $66,000 an acre? What did that developer who bought the land next to the Mimslyn for condos pay? That's prime commercial real estate in town. Yo, I'd bet HE'd sell it for $66,000 an acre. And hire a band to play "happy days are here again" after he signed the contract.
Can anybody come up with some FACTS? Blissful? Peter Rabbit? Chris Says? This is the way to accomplish your goals, through facts and responsive information.
Without that, all we got here is a Yellow Brick Road.
It turns out its 9 acres for $600,000.
In a down market. With no one else bidding or trying to buy that same land.
The real beauty of a plan for the county to buy land at $66,000 an acre is that after the sale, that number will go into the database of sold land, and when the state counts the land sold compared to the price, considering how LITTLE land will be sold in Page, it will dominate the numbers, and make our real estate values look LOW, because the database contains very few sales except that crazy one.
Then Tommy La France can tell Charlie Campbell it's okay to do a reassessment, because the values went up again, and they need the extra money to pay for the school athletic fields, the county office COMPLEX, etc etc
Anybody who can find some alternative land for the county to buy, at an actual reasonable market price -- they're looking for 9 acres. Somebody go find them an alternative and post it quick. They need parking areas, flat land, easily accessible, near town. Then call 743-4142 and ask to talk to Mark Belton.
Fact is: if no alternative 9 acres shows up, they still have 3 of the 5 votes to push this kind of stuff through. Who will vote for it? For SURE, John Rust will vote for it. Tommy LaFrance will vote for it. And then either Carol Lee or Charlie will vote for it, depending on factors I haven't figured out yet. Interesting that Charles Ballard's seat was left empty for so long, without a temporary fill in. It makes 3 the winning number.
Mark Belton. What are you thinking?
To the posters out there whose posts are being rejected. Try focusing on THIS. Baby steps, people. Take it slow. Don't step on the mines.
OR, maybe the Blog is still full of crap, and it's true that "prime" commercial land in Page is worth $66,000 an acre.
Let's go with that. Does anybody have any data to support any price in Page on land for $66,000 an acre? What did that developer who bought the land next to the Mimslyn for condos pay? That's prime commercial real estate in town. Yo, I'd bet HE'd sell it for $66,000 an acre. And hire a band to play "happy days are here again" after he signed the contract.
Can anybody come up with some FACTS? Blissful? Peter Rabbit? Chris Says? This is the way to accomplish your goals, through facts and responsive information.
Without that, all we got here is a Yellow Brick Road.
Thursday, November 8, 2007
Back to Work
Board of Supervisors work session November 7, 2007.
These are not minutes of the meeting. They are the personal notes of a citizen who attended.
The Board started with closed session for Acquisition of Real Property.
Open session:
*Appointment of Advisory Committee for the Future Land Use Map and Comprehensive Plan Kevin Henry asked the board to appoint 6 more people to the advisory committee. The Board agreed to work on that.
*Focus Group Meetings for Advisory Committee for the Future Land Use Map and Comprehensive Plan. Mark Belton talked about the Focus Groups and how they were broken down into 4 groups. Agriculture, Development, Business and Environmental.
*Discussion to the New County Office Building Mark Belton talked about purchasing 10 acres of land along Hwy 211 and Hawksbill Street near LFCC for the new county office buildings. The cost for the land would be $600,000.00. The Rescue Squad may also want to build in that area.
*Update on the Northern Shenandoah Valley Regional Commission Activities.
Nora Belle Comer talked about the different concerns of the Commission which include: Water, Clean Air, Transportation, Waste Water, Housing Plans and River Use. Then Maggie Weaver talked about the Valley Commuter Assistance Program. This program helps county residents commute to other areas to work. It includes van pools, car pools and ride share data.
*Pump and Haul Permit Guidelines. Gerald Dovel asked the board to consider writing a policy on pump and haul septic system that would require the owners to give usage updates. Mark Belton said he would work on that policy.
*Health Department Staff Rotations Someone - I didn't get his name. I think he is an Environmental Manager with the state talked to the board about an additional fee of $25,000.00 to be paid from Page County to help support the State Health Department because of budget cuts. He also asked that one employee be transferred to Front Royal to help with septic inspections. The Board did not agree with this.
*Monthly Report from the Public Works Department Henry Mikus talked about tonnage and finances which he said were the usual. He reported that DEQ had done their quality inspection and that they had passed without any negative comments. He also told the Board that he had found a new place to take our paper.
*Solid Waste Policy Henry Mikus said that some people had complained about paying for bringing in clean recycling. The Board discussed dropping the fee in hopes of encouraging more recycling.
*Increase in Cat/Dog Adoption Fees Mark Belton asked the Board to consider raising the cat adoption fee from $20 to $25 and the dog adoption fee from $35 to $40.
*Review of Recent Legislation for CSA Georgia Sours talked about the new legislation which may affect the Foster Care Prevention Guidelines. She said the new policy would be out on November 20.
*Board of Zoning Appeals Appointment Regina Miller said someone from the Board of Zoning Appeals was coming to the end of their term. I believe the issue will be handled after JD Cave takes office since the person is from his district.
The Board went into closed session for Consultation with Legal Counsel and Personnel Matters.
____________________________________________________
This is what Page County Watch is all about. Watching the process of our government. This is where the process takes place. At the Board of Supervisors' meetings.
This is who runs our county.
When you read this, do you hear the KaChing KaChing of your tax dollars at work? The Advisory Committee for the Land Use Map of the Comprehensive Plan is a very big deal. This is what will decide many of our future issues regarding our homes here in the land we love. When they talk about Focus Groups for this plan, they are saying that people will be getting together to talk about the vision for the county's future in each of those areas. Who are these people? Are they you, your neighbors, your family, your friends? Whoever they are, they will be guiding and giving input to the direction of the county.
If you care about making the county a good place to live and raise children, WATCH THIS SPACE. It's the devil in the details that make our lives calm and happy, or stressed and burdened. These little details, discussed at these meetings, add up to our quality of life.
If the issues you care about aren't being discussed in these meetings . . . they aren't being addressed by our local government.
These are not minutes of the meeting. They are the personal notes of a citizen who attended.
The Board started with closed session for Acquisition of Real Property.
Open session:
*Appointment of Advisory Committee for the Future Land Use Map and Comprehensive Plan Kevin Henry asked the board to appoint 6 more people to the advisory committee. The Board agreed to work on that.
*Focus Group Meetings for Advisory Committee for the Future Land Use Map and Comprehensive Plan. Mark Belton talked about the Focus Groups and how they were broken down into 4 groups. Agriculture, Development, Business and Environmental.
*Discussion to the New County Office Building Mark Belton talked about purchasing 10 acres of land along Hwy 211 and Hawksbill Street near LFCC for the new county office buildings. The cost for the land would be $600,000.00. The Rescue Squad may also want to build in that area.
*Update on the Northern Shenandoah Valley Regional Commission Activities.
Nora Belle Comer talked about the different concerns of the Commission which include: Water, Clean Air, Transportation, Waste Water, Housing Plans and River Use. Then Maggie Weaver talked about the Valley Commuter Assistance Program. This program helps county residents commute to other areas to work. It includes van pools, car pools and ride share data.
*Pump and Haul Permit Guidelines. Gerald Dovel asked the board to consider writing a policy on pump and haul septic system that would require the owners to give usage updates. Mark Belton said he would work on that policy.
*Health Department Staff Rotations Someone - I didn't get his name. I think he is an Environmental Manager with the state talked to the board about an additional fee of $25,000.00 to be paid from Page County to help support the State Health Department because of budget cuts. He also asked that one employee be transferred to Front Royal to help with septic inspections. The Board did not agree with this.
*Monthly Report from the Public Works Department Henry Mikus talked about tonnage and finances which he said were the usual. He reported that DEQ had done their quality inspection and that they had passed without any negative comments. He also told the Board that he had found a new place to take our paper.
*Solid Waste Policy Henry Mikus said that some people had complained about paying for bringing in clean recycling. The Board discussed dropping the fee in hopes of encouraging more recycling.
*Increase in Cat/Dog Adoption Fees Mark Belton asked the Board to consider raising the cat adoption fee from $20 to $25 and the dog adoption fee from $35 to $40.
*Review of Recent Legislation for CSA Georgia Sours talked about the new legislation which may affect the Foster Care Prevention Guidelines. She said the new policy would be out on November 20.
*Board of Zoning Appeals Appointment Regina Miller said someone from the Board of Zoning Appeals was coming to the end of their term. I believe the issue will be handled after JD Cave takes office since the person is from his district.
The Board went into closed session for Consultation with Legal Counsel and Personnel Matters.
____________________________________________________
This is what Page County Watch is all about. Watching the process of our government. This is where the process takes place. At the Board of Supervisors' meetings.
This is who runs our county.
When you read this, do you hear the KaChing KaChing of your tax dollars at work? The Advisory Committee for the Land Use Map of the Comprehensive Plan is a very big deal. This is what will decide many of our future issues regarding our homes here in the land we love. When they talk about Focus Groups for this plan, they are saying that people will be getting together to talk about the vision for the county's future in each of those areas. Who are these people? Are they you, your neighbors, your family, your friends? Whoever they are, they will be guiding and giving input to the direction of the county.
If you care about making the county a good place to live and raise children, WATCH THIS SPACE. It's the devil in the details that make our lives calm and happy, or stressed and burdened. These little details, discussed at these meetings, add up to our quality of life.
If the issues you care about aren't being discussed in these meetings . . . they aren't being addressed by our local government.
Friday, October 26, 2007
The County Line
As in, the Party Line of the County.
Actually, this is good stuff. Go to the county website.
http://www.co.page.va.us
In an attempt to be responsive, which is what we all want, the county administrator has started posting explanations of issues there. You select Our Government, and then select FAQs.
There are three FAQs posted so far.
1. The Reassessment Process
2. The Battle Creek Landfill
3. Economic Development Efforts
Yes, it's the Party Line. but it's a start at being responsive, and I'm really impressed with it as an effort.
I applaud Mark Belton and the county administration for doing this. Information disseminated like this gives the citizens a good opportunity to ask thoughtful questions and participate in the process of governing.
Thank you, County Administration Team.
Alice
Actually, this is good stuff. Go to the county website.
http://www.co.page.va.us
In an attempt to be responsive, which is what we all want, the county administrator has started posting explanations of issues there. You select Our Government, and then select FAQs.
There are three FAQs posted so far.
1. The Reassessment Process
2. The Battle Creek Landfill
3. Economic Development Efforts
Yes, it's the Party Line. but it's a start at being responsive, and I'm really impressed with it as an effort.
I applaud Mark Belton and the county administration for doing this. Information disseminated like this gives the citizens a good opportunity to ask thoughtful questions and participate in the process of governing.
Thank you, County Administration Team.
Alice
Monday, October 22, 2007
Illegals in Page County?
Delegate Todd Gilbert will be on this panel. I don't get this channel, so if anybody watches it, post about what it said.
WVPT to air illegal immigration documentary
HARRISONBURG —WVPT will broadcast "Virginia Reports: The Latino Underground" at 9 p.m. Monday. The broadcast will feature interviews with several undocumented immigrants; Dr. Laura Zarrugh, a cultural anthropologist and adjunct professor at James Madison University; Charles Bowden, an author and investigative journalist who has spent more than 20 years writing about illegal immigration; George Taplin of the Virginia chapter of the Minuteman Civil Defense Corps; Hobey Bauhan, president of the Virginia Poultry Federation; Micah Bump, a Georgetown University research associate; and others, including an immigration lawyer, Del. Todd Gilbert and Donald Ford, superintendent of Harrisonburg City schools.
The show will repeat at 10 p.m. Oct. 26, at 3 p.m. Oct. 28 and at 9 p.m. Nov. 1.
________________________________
Charlie Hoke introduced a resolution that the Board passed, asking the state to take stronger measures to keep illegals out of Virginia. Todd Gilbert, our Delegate, is on the governors panel to study this.
I think we are getting some illegals in the county. Why is this happening? Do we have jobs here that nobody is willing to take?
WVPT to air illegal immigration documentary
HARRISONBURG —WVPT will broadcast "Virginia Reports: The Latino Underground" at 9 p.m. Monday. The broadcast will feature interviews with several undocumented immigrants; Dr. Laura Zarrugh, a cultural anthropologist and adjunct professor at James Madison University; Charles Bowden, an author and investigative journalist who has spent more than 20 years writing about illegal immigration; George Taplin of the Virginia chapter of the Minuteman Civil Defense Corps; Hobey Bauhan, president of the Virginia Poultry Federation; Micah Bump, a Georgetown University research associate; and others, including an immigration lawyer, Del. Todd Gilbert and Donald Ford, superintendent of Harrisonburg City schools.
The show will repeat at 10 p.m. Oct. 26, at 3 p.m. Oct. 28 and at 9 p.m. Nov. 1.
________________________________
Charlie Hoke introduced a resolution that the Board passed, asking the state to take stronger measures to keep illegals out of Virginia. Todd Gilbert, our Delegate, is on the governors panel to study this.
I think we are getting some illegals in the county. Why is this happening? Do we have jobs here that nobody is willing to take?
Saturday, October 20, 2007
Born at night
This forum is full of stupidity, foolishness, wrong thinking, dumbheadedness, stubbornness, and all the rest of the things that regular people are. But please let's not grind the cigarette butts into the open wounds, too.
This election will be over in a few weeks. What topics would YOU, the citizens of Page County, like to see covered AFTER the elections, knowing that the newly elected officers will see the forums? What are the top issues in the county for our government to address?
Alice
This election will be over in a few weeks. What topics would YOU, the citizens of Page County, like to see covered AFTER the elections, knowing that the newly elected officers will see the forums? What are the top issues in the county for our government to address?
Alice
Wednesday, October 17, 2007
The Wheels on the Bus
The following are the notes of one citizen who attended the meeting of the Board of Supervisors on October 16, 2007. They are not official minutes of the meeting.
1. The Board met in closed session to talk about buying property for a business park and for a county office building.
2. They passed an ordinance to add more members to the Economic Development Authority and stagger terms.
3. They changed some people’s 911 addresses.
4. They appointed Tommy LaFrance and John Rust to a committee to consider who should own the airport. (It is currently owned 50-50 by the Town of Luray and the county, and apparently there’s some reason to change that.)
5. They changed 3 tax assessments that Charlie Campbell said were mistakes.
6. Big News Alert! Mark Belton had some figures that said some state agency measured our real estate sales in actuals, compared to our real estate assessments, and the measure was 92.7%. That means our assessments are a little bit LOW compared to actual sales. So Mark suggested that maybe we want to reassess sooner, so there is not so much of a gap between our market value and our assessments. Tommy said, we’ll just keep an eye on that number and when it changes too much in either direction we can reassess again.
7. They appointed people to committees: John Van Wyck (sp?) was appointed to the Northwest Community Services Board, Dawn Liscomb Ponn was appointed to the Planning Commission, and Robin Stevens was appointed to the Community Policy and Management Team.
8. Mark Belton explained that in 2004, there was a court ordered audit of the landfill, which was a result of a citizen lawsuit, or petition, or something. Well, here it is 2007, and the auditors are just getting around to doing it. This only came up because the auditors are now sending bills for their work. By the end of this month there should be an audit report of what happened to the landfill and why things went wrong. Mr. Rogerson (a member of the audience, not a board member), said the reason the citizens filed that lawsuit was in the hopes of getting some of the lost money recovered, which is now a moot point since it took so long to do the audit. The auditors are allowed by the court to bill $30,000 for their work. So the point is moot and irrelevant now, but the bill for the auditors is actual now. Mark thinks the report will say something like, “there was a bad contract in place and it wasn’t monitored closely”. But since the audit was court ordered, it will take place anyway.
9. The auditors for the fiscal year financials that ended June 30 will be late with their report this year because the documents they need were taken to the court in Abingdon.
10. Mr. La France wanted to set the record straight in response to Randy Arrington’s editorial in the Page News last week. Randy said there was an “us vs them” mentality between the county and the town, and he suggested there should have been more communication about the Salyards business, Shenandoah Waste Services, and maybe the three towns should have a seat on the Economic Development Authority. Tommy wanted to be sure everybody knew that there was this ordinance which had been in process of being passed since July 18, 2006, that would put new members on the EDA, including one from each town. He showed a stack of emails from Tom Cardman, Economic Development Director, and the town about the SWS business, and he pointed out that the town Planning Commission approved the SWS location. He said that 1 ½ to 2 years ago, the Board considered economic development to be the biggest challenge facing them, and they had to change from Industrial Development to Economic Development Authority and we are a Dillon Rule state, whatever that means, and now we’re adding people to the EDA, and all of this stuff takes time to get passed.
11. Tommy asked our attorney to look into other ways to make public announcements other than the Page News. (Now, would that action be motivated in order to make it easier for the public? Or is that vengeance over an editorial? Surely it must be because our Board Chairman is ever searching for ways to make the public aware of what the Board is doing.)
Citizen comments:
John Rogerson said:
1. If we build the longer runway at the airport and the hangars, and the people don’t come with their airplanes, are we going to end up having to pay out of our taxes for a failed airport that only benefits a few families? And also, putting John Rust and Tom LaFrance on the committee to discuss ownership of the airport is stacked, because both of them are for the airport expansion. (Tom answered this, and after many words, it sounded like the answer was yes, the taxpayers will be stuck with a loan that doesn’t get paid back if the airport were to fail to get the hangars filled.)
2. The purpose of the landfill lawsuit was both to hope to get some money back, and also to send a message to future Boards that they had to follow the law when paying invoices, and not just pay for things that hadn’t been received, just because they got a bill.
3. Maybe Randy didn’t get some things right in his editorial, but the fact that there is a dysfunctional relationship between the town and the county was the point, and that was correct. There is also a North-South divide in the county between the town of Luray vs the towns of Stanley and Shenandoah.
4. John Rogerson said Tom Cardman (EDA director) and Henry Mikus (Landfill Manager) both just got big pay raises, but the county hasn’t gotten any new business and the landfill doesn’t meet its minimum intake to breakeven. He wonders why pay isn’t tied to performance. He said it’s not right to say the landfill has forty years life left, because we were putting in 1500 to 2000 tons a day and that’s not calculated in correctly.
5. He said now that everybody knows you’re trying to buy land for an industrial park and for the county office building, everybody who’s willing to sell will raise the prices.
6. He said, for the county office building, why did you buy the land and get the plans ready, at a cost of $400,000 and then just throw them away over a tree that nobody knows where the documents are that say it’s a historical tree, and if you can overturn the guy’s will who didn’t want you to park the cars for the fairground on his land, why can’t you adapt the plans around an old tree?
Supervisors responses:
1. Charlie “Potted Plant” Hoke, said what he always says, “Thanks for coming.”
2. John Rust said, “Don’t forget to come out to vote. Voting is your input into government.”
3. Gerald Cubbage said a couple of interesting things, about building coalitions and getting the towns involved.
4. Carol Lee said coalitions are where it’s at, and Shenandoah has an office of the EDA and also a Chamber of Commerce in Stevens Cottage.
5. Tom said the airport is paid for 95% by federal, 3% by state, 1% by county and 1% by town. If the hangars are built there is a federal grant plus the county has to give a loan to the airport for the rest, but the loan will be paid back from the money for renting the hangars. The hangars need 27 out of 30 filled in order to pay the loan back.
So that’s your local government at work.
Alice's Opinion: Leadership is in choosing the topics to be discussed, in setting the course, and in working toward goals. What are the goals here? What is not being talked about that needs to be? What issues are not addressed and ignored every time they're brought up? VOTE NOVEMBER 6. Good, informed voting is the beginning of good government. Then holding those elected accountable to the people is step 2.
And I'm just going to ASSUME that Chairman LaFrance asked the county attorney to find a way to inform the public about hearings other than the Page News because our Board Chairman is concerned about getting the news out to the people in better ways.
1. The Board met in closed session to talk about buying property for a business park and for a county office building.
2. They passed an ordinance to add more members to the Economic Development Authority and stagger terms.
3. They changed some people’s 911 addresses.
4. They appointed Tommy LaFrance and John Rust to a committee to consider who should own the airport. (It is currently owned 50-50 by the Town of Luray and the county, and apparently there’s some reason to change that.)
5. They changed 3 tax assessments that Charlie Campbell said were mistakes.
6. Big News Alert! Mark Belton had some figures that said some state agency measured our real estate sales in actuals, compared to our real estate assessments, and the measure was 92.7%. That means our assessments are a little bit LOW compared to actual sales. So Mark suggested that maybe we want to reassess sooner, so there is not so much of a gap between our market value and our assessments. Tommy said, we’ll just keep an eye on that number and when it changes too much in either direction we can reassess again.
7. They appointed people to committees: John Van Wyck (sp?) was appointed to the Northwest Community Services Board, Dawn Liscomb Ponn was appointed to the Planning Commission, and Robin Stevens was appointed to the Community Policy and Management Team.
8. Mark Belton explained that in 2004, there was a court ordered audit of the landfill, which was a result of a citizen lawsuit, or petition, or something. Well, here it is 2007, and the auditors are just getting around to doing it. This only came up because the auditors are now sending bills for their work. By the end of this month there should be an audit report of what happened to the landfill and why things went wrong. Mr. Rogerson (a member of the audience, not a board member), said the reason the citizens filed that lawsuit was in the hopes of getting some of the lost money recovered, which is now a moot point since it took so long to do the audit. The auditors are allowed by the court to bill $30,000 for their work. So the point is moot and irrelevant now, but the bill for the auditors is actual now. Mark thinks the report will say something like, “there was a bad contract in place and it wasn’t monitored closely”. But since the audit was court ordered, it will take place anyway.
9. The auditors for the fiscal year financials that ended June 30 will be late with their report this year because the documents they need were taken to the court in Abingdon.
10. Mr. La France wanted to set the record straight in response to Randy Arrington’s editorial in the Page News last week. Randy said there was an “us vs them” mentality between the county and the town, and he suggested there should have been more communication about the Salyards business, Shenandoah Waste Services, and maybe the three towns should have a seat on the Economic Development Authority. Tommy wanted to be sure everybody knew that there was this ordinance which had been in process of being passed since July 18, 2006, that would put new members on the EDA, including one from each town. He showed a stack of emails from Tom Cardman, Economic Development Director, and the town about the SWS business, and he pointed out that the town Planning Commission approved the SWS location. He said that 1 ½ to 2 years ago, the Board considered economic development to be the biggest challenge facing them, and they had to change from Industrial Development to Economic Development Authority and we are a Dillon Rule state, whatever that means, and now we’re adding people to the EDA, and all of this stuff takes time to get passed.
11. Tommy asked our attorney to look into other ways to make public announcements other than the Page News. (Now, would that action be motivated in order to make it easier for the public? Or is that vengeance over an editorial? Surely it must be because our Board Chairman is ever searching for ways to make the public aware of what the Board is doing.)
Citizen comments:
John Rogerson said:
1. If we build the longer runway at the airport and the hangars, and the people don’t come with their airplanes, are we going to end up having to pay out of our taxes for a failed airport that only benefits a few families? And also, putting John Rust and Tom LaFrance on the committee to discuss ownership of the airport is stacked, because both of them are for the airport expansion. (Tom answered this, and after many words, it sounded like the answer was yes, the taxpayers will be stuck with a loan that doesn’t get paid back if the airport were to fail to get the hangars filled.)
2. The purpose of the landfill lawsuit was both to hope to get some money back, and also to send a message to future Boards that they had to follow the law when paying invoices, and not just pay for things that hadn’t been received, just because they got a bill.
3. Maybe Randy didn’t get some things right in his editorial, but the fact that there is a dysfunctional relationship between the town and the county was the point, and that was correct. There is also a North-South divide in the county between the town of Luray vs the towns of Stanley and Shenandoah.
4. John Rogerson said Tom Cardman (EDA director) and Henry Mikus (Landfill Manager) both just got big pay raises, but the county hasn’t gotten any new business and the landfill doesn’t meet its minimum intake to breakeven. He wonders why pay isn’t tied to performance. He said it’s not right to say the landfill has forty years life left, because we were putting in 1500 to 2000 tons a day and that’s not calculated in correctly.
5. He said now that everybody knows you’re trying to buy land for an industrial park and for the county office building, everybody who’s willing to sell will raise the prices.
6. He said, for the county office building, why did you buy the land and get the plans ready, at a cost of $400,000 and then just throw them away over a tree that nobody knows where the documents are that say it’s a historical tree, and if you can overturn the guy’s will who didn’t want you to park the cars for the fairground on his land, why can’t you adapt the plans around an old tree?
Supervisors responses:
1. Charlie “Potted Plant” Hoke, said what he always says, “Thanks for coming.”
2. John Rust said, “Don’t forget to come out to vote. Voting is your input into government.”
3. Gerald Cubbage said a couple of interesting things, about building coalitions and getting the towns involved.
4. Carol Lee said coalitions are where it’s at, and Shenandoah has an office of the EDA and also a Chamber of Commerce in Stevens Cottage.
5. Tom said the airport is paid for 95% by federal, 3% by state, 1% by county and 1% by town. If the hangars are built there is a federal grant plus the county has to give a loan to the airport for the rest, but the loan will be paid back from the money for renting the hangars. The hangars need 27 out of 30 filled in order to pay the loan back.
So that’s your local government at work.
Alice's Opinion: Leadership is in choosing the topics to be discussed, in setting the course, and in working toward goals. What are the goals here? What is not being talked about that needs to be? What issues are not addressed and ignored every time they're brought up? VOTE NOVEMBER 6. Good, informed voting is the beginning of good government. Then holding those elected accountable to the people is step 2.
And I'm just going to ASSUME that Chairman LaFrance asked the county attorney to find a way to inform the public about hearings other than the Page News because our Board Chairman is concerned about getting the news out to the people in better ways.
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