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.

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.
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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]

Outlanders River Camp

Here’s a good example of how zoning ordinances impact people.

The folks who own and operate Outlanders want to create a new campground business in the county off of Rte 211. It will be located on the Southfork adjacent to the bridge at Whitehouse. To do this, they have to get some of the property’s zoning changed. The need to change it from residential/commercial to agricultural use. Campgrounds can only be located on property zoned for agricultural or woodland use. A small portion of the 80 acres of the property is already zoned agricultural.

To get the zoning changed, they had to have all the plans ready and take their plan to the Planning Commission. The commission will have a public hearing about it after they have reviewed it in their work sessions.

They are planning a phased development. Ultimately, there will be 100 sites for camping accommodations ranging from primitive camping to “high end” luxury camping cabins. The Planning Commission seemed basically pleased to entertain this venture. Based on the presentation, it would seem the Outlanders folks have done an extremely good job of considering the visual impact of the business on the county and appeared to have touched all the bases with all of the county entities (health, building, planning, etc.) required to proceed with the project. They plan to protect the scenic nature of the county by using low level lighting, hiding the site from the road by putting in trees, and keeping the signs unobtrusive.

After they get the county to approve changing their zoning from Residential/Commercial to Agricultural, the next thing they need is a special use permit to let them have a campground. The duration of the special use permit would be 30 years and pass with the property should it ever be sold.

While the current ownership has all good intentions, perhaps even to the level of creating a gold standard for campgrounds, if it is ever sold, a subsequent owner may not be so well intentioned. To that end, the Planning Commission is required to include provisions within any special use permit that will specifically set forth the conditions of the permit. Mr. Shanks cautioned the Planning Commission to think those conditions over very carefully and ensure they are clear and enforceable. Pretty good advice!

There are a lot of details remaining to be worked out (for example: how many people will be allowed to stay there? How long can they stay? What kind of special events could go on there? These details are important because right now, Outlanders is planning a nice campground, but the permit lasts for 30 years. So if somebody bought it from Outlanders, the permit would still stand. What if the new owners wanted to turn it into a migrant labor camp, or a Woodstock-type event? That's why the permit has to be very specific, so it is just for the type of thing that Outlanders wants to do. The Planning Commission will be addressing the details of the special use permit at their next Regular Session (23 October)

Old Business:

Ms. Hammel, Chairman of the By-Right Subdivision subcommittee has been working toward having its presentation for the Planning Commission by the meeting on 12 November. If anyone is interested in this action, now would be the time to look at what the subcommittee is doing. Citizens can attend their meetings every Thursday at 7 p.m. at the courthouse. See the post By Right Subdivisions in September.

Boy, am I dumb

I am an idiot. I’m running off at the mouth about why doesn’t anybody care about the zoning ordinances and the Land Use Map and the Board of Supervisors, and what is this big fascination with the sheriffs, and why does everybody care about the sheriffs when the supervisors impact your life more. And finally somebody has the sense to say, “Hey, Alice. What’s a zoning ordinance?”

Thank you so much for that question, because it tells me why so few people were interested. I can’t believe I was so dumb as to just blabber away about this stuff. There is no such thing as a dumb question, so I appreciate you calling a time out so I can explain this.

Here’s what it is and why it’s important.
_____________________________________________________________________
1. What is a zoning ordinance.
When you buy land or a house, you think you own that property, and you can live your life as you choose and do what you want with your land. You sure spend enough money on it, and you pay taxes on it, so we all think it’s really ours to decide. But it turns out that our laws say you can only do what is allowed within a set of special, local county laws, called our Page County Zoning Ordinances. So if you want to put a deck on your house, or add a new room, or put a shed in the back, or add another bathroom, or put an apartment above the garage for your mother in law to live in, you have to ask the county if you have permission to do that, by getting a Building Permit. When you go to the county to ask for a Building Permit, they will check the set of laws called the zoning ordinances first, to see if you are allowed to do that on your land.

These zoning ordinances will even tell you if you can divide up your land and sell pieces off. For example, suppose a piece of land has been in your family for the last three generations. Let’s say you want to break it up into ten lots, because you want each of your children and your nephews and nieces to have a space to build their own house. The zoning ordinances will say in there whether you are allowed to do that.

Another example: suppose you want to sell your family land to a developer to build a housing development. Suppose this would be the best price you could get for your land. The zoning ordinances will say if you are allowed to sell for that purpose.

Another example: suppose you buy a piece of land and you want to build a house on it. The zoning ordinances will say if you are allowed to build on it, and what kind of building it can be. They will also tell you if you are allowed to fix cars in your garage, or sell eggs from your home, or raise goats in your yard.




2. Where do zoning ordinances come from?
The state of Virginia has a code, or a set of rules about how to write laws. This Virginia code says that each county is supposed to lay out their land on a map, and together as a community, come up with a plan for how the community wants that land to be used. Depending on things like how the roads and the mountains and the valleys lay out, the community should pick places where it would be good to have heavy industry, where a lot of trucks come in and out, and other places where it would be good to have retail stores, and places where it should just be open green space and untouched land or parks, and other places where there should be houses and apartment buildings. This community based “vision” of how the land lays out is called a Land Use Map, and it is supposed to be part of each county’s “Comprehensive Plan”.

Our Board of Supervisors is charged with approving this Comprehensive Plan, and they did that in June, but they didn’t ask anybody what the vision was. They just decided for themselves without citizen input.

Oh, and they also forgot to put the Land Use Map in it. So to correct that, they are hiring this consultant, and the consultant is going to hold meetings with the citizens to ask how to lay out where we want business and where we want houses. The reason I and some others object to spending the $43,000 for the consultant to do that is because I think it would be better to have our own county employees and supervisors ask the citizens where they see the vision of the land use, instead of paying a consultant. We will probably need a consultant later, after the land use map is done, to help us to write the correct language that will be legal and pass the Virginia code, and we should save the money for that. The consultant wants $112,000 total, and the $43,000 is just to start, for the easy part.
We don’t have the whole $112,000 budgeted, so to pay the consultant, we have to raise taxes again in the future.

3. How do these decisions get made?
During each election, we elect 3 out of our 6 County Supervisors. One is elected for each of our five Districts. The county is divided into districts based on population. There is also a sixth supervisor who is elected “at large” to cover the whole county, and that person is the chairman of the board. Each supervisor who is associated with a district may appoint two people to be “planning commissioners”. That makes a total of 10 planning commissioners. The planning commissioners meet twice a month at the courthouse, and they consider people’s requests to change the zoning of their land. They can ask for a “special use permit” if the zoning doesn’t let them do what they want to do.

For example, maybe a person wants to build three houses on their land, and they have to ask for a special permission. The Planning Commission listens to their argument about why they want to do it, and they decide yes or no.
If the Planning Commission decides no, then the person is not allowed to do what they want with their own land. If they decide yes, then the person gets to ask the Board of Supervisors if they can do it. In theory, the Board is supposed to look at the Land Use Map and see if the request will fit in. But we don’t have a Land Use Map so they just decide whatever they think is right, without one.
If the Board then says no, the person cannot do what they want to do with their land.

4. What is the consultant going to do?
Hopefully, the consultant will help us get a land use map so that zoning decisions can be made from it. If the consultant is worth what we are paying him, he will hold citizen meetings to get input about how the land use map should be. But if the citizens don’t care and don’t show up at the meetings, the consultant will still get paid, and then our land use map will be what someone other than the citizens (the click? The Trogs and the Crits?) wants instead of what the community wants. Then we can use that map to write more zoning ordinances. There is one being rewritten right now. It is called the ByRight Subdivision ordinance (ordinance means law, or local law). It is about what you can do if you want to sell off pieces of your land. It tells you the rules for selling it off.
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I hope I have explained it more clearly. If you have any other questions, please do not feel embarrassed about asking. I should have realized this would not be common knowledge.

To get involved with this process, and make your voice heard and your wishes known, come to these county meetings. The schedule for them is on the county website at http://www.pagecountyvirginia.gov and you can call the county office at 743-4142 to find out the location and what is going to be talked about. You can also ask the county to automatically notify you by email if any meetings are being held. You can also ask the county for copies of the minutes of the meetings, but they take months to print them, so the best thing is to keep reading this website. We try to post what happened the next day.
They are usually on Monday or Tuesday nights at the Luray Courthouse, or at Stanley Elementary School or Shenandoah Elementary School.

Land Use Map -- Coming Soon!

Page County Planning Commission Work Session, 10 September 2007

1. The Land Use Map work is starting soon. There is a committee forming to work with the consultants to prepare it. The committee will have some Planning Commission members on it and some citizens.The session was primarily devoted to a preliminary effort in preparation for introducing changes to the Comprehensive Plan Land Use Map. Mr. Henry made a presentation on Land Use in general. The presentation addressed land use classifications (i.e. residential, agriculture, commercial, industrial and mixed.) as well as those things that should be considered when classifying land for future use and implementation strategies.

Then he described how land use characteristics should be considered in the rezoning process such as compatibility with adjoining land uses, lot size, transportation routes, etc. The issuance of special use permits requires consideration o the same types of things. However, the restrictions put on special use permits can exceed zoning ordinance provisions.

2. The public meetings about the By Right Subdivision ordinance occurred last week. About 30 - 45 citizens attended, depending on whether you count the ones that came to both meetings twice. The committee that is working on that will be meeting beginning Thursday, September 20, in the courthouse at 7 p.m. Citizens are invited to attend, but unless you are on the committee you can't speak at the work sessions. These sessions will probably be held weekly until the recommendation is made, as there is a 100 day clock on coming up with a recommendation or at least a report.

The membership of the Comprehensive Plan Subcommittee has yet to be finalized. If I understood correctly, the intent is for its member to act as a team in concert with a land use consultant for the purpose of generating detailed land use maps. There will also be an Advisory Board to this subcommittee. YOU COULD BE ON IT! VOLUNTEER! CALL THE COUNTY AND SAY YOU WANT TO GET INVOLVED! 743-4142

If you want to know more about county land use, you can get a copy of the presentation from the county administrator’s office. It will cost you $.25 a page.


3. Jeff Judd resigned from the Planning Commission. He is in District 2. A person has been chosen to replace him, but that person will not be formally announced until John Rust can do it at a public hearing.

4. On Thursday night, there is a meeting at the courthouse about cleaning up the Hawksbill and Mill Creek. Citizens are invited.

By Right Subdivision

Informational Meeting on By-right Subdivision
5 September and 6 September 2007

The county planning staff held an informational meeting at the Luray Elementary School on 5 September and the Shenandoah Elementary School on September 6.
The intent of the meeting was actually twofold:

1. First, to provide information to the citizens of the county on what a By-right Subdivision is and to identify potential problems associated with them under current county ordinance. A By-Right Subdivision provides that a land owner may subdivide a parcel of land by cutting out a portion of his property and sell it once every 2 years. There are virtually no guidelines in the current ordinance on how this may occur so there is a tendency for development of the property to be somewhat random.

2. Second, to solicit input from county citizens on how the county planning staff and planning commission might best address issues surrounding apparent shortcomings in the county ordinance that create problematic situations.

Also, there were refreshments offered for the masses! How good is that! For those who need to know – there were Oreo cookies! And fig newtons! And cheese and crackers! And other stuff, plus soda. So if you weren’t there, you missed a good time!

Mr. Henry, ably assisted by Michelle Somers, did a fine job of laying out the essence of By-Right Subdivision means and the issues the county should consider while it is being revised. They are:

1. Public Health.

Under current code, septic drainfields can be placed virtually anywhere during the subdivision process. This can result in a drainfields being located on an adjacent lot or across several lots via easements. This seems to be a big time problem. I would tend to agree that something really needs to be done.

2. Lack of a Definition of a Parent Tract.

The implications associated with not better defining a Parent Tract is difficult to explain in words. The following is but a brief outline of what has occurred under the current ordinance in a non-family By-Right Subdivision:

If Mr. X owns 100 acres, that acreage is nominally a Parent Tract. If Mr. X decides to sell a part (20 acres) of that Parent Track to Mr. Y, a new Parent Tract is created within the original Parent Track. Under the current ordinance there is a restriction on how often a tract of land can be subdivided (i.e. once every two years). That restriction would now apply to the newly created 20 acre tract. Mr. X would not be able to subdivide for two years but Mr. Y could subdivide immediately, creating yet a third Parent Tract. The two year clock is restarted for each newly created Parent Tract. This could continue to happen until subdivision is no longer possible due to the 1.75 acre minimum lot size restriction. All of this can happen without consideration of the impact on county infrastructure (i.e. roads, schools, emergency services, etc.) Since a By-Right Subdivision doesn’t require the subdivider to provide financial support for the expanded needs of the infrastructure, who will bear the cost? The property taxes of the By-Right Subdivision property owners would not be sufficient to cover associated costs to the county leaving the additional burden to be borne by the taxpayers of the county as a whole.

The second category of By-Right Subdivision is family subdivision. A land owner can give or sell portions of his property to each of his family members one time. However, once the property is subdivided, the family member can turn around and subdivide their portion again. The multiplier effect of the cycle presented above would then take over potentially creating the problems associated with non-family subdivision.

3. Poor Planning.

Having done a poor job of planning in the past, the county wants to improve how it deals with By-Right Subdivisions. The two biggies here are:

• Current development requirements do not track with the county’s Comprehensive Plan.

A lack of planning can often lead to problematic situations associated with property subdivision when a buyer really doesn’t know what they are getting when they acquire a property.

Inadequate property descriptions on permit applications describing adjacent property can lead to problems for property buyers. At present there is no requirement to show land use for property adjacent to a property that has been subdivided and offered for sale. Once someone buys the property, they may find restrictions on what they can do with the property based on the land use of adjacent properties. For example, the presence of a chicken house on an adjacent property would require a 300-foot offset that may affect a property buyer’s ability to build where they choose or to build at all.
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The identification of property totally or partially within a floodplain should be included in subdivision permit requirements so buyers know before they buy what restrictions they might be subjected to when they do decide to build. Currently, buyers often only find out after the fact there are restrictions on what they can do with the property.

If a bank loan is involved in the building a house in a floodplain, the bank will want insurance. The construction requirements on building in a floodplain levied by FEMA come into play. The cost of flood insurance is not cheap nor is cost of building a structure in a floodplain. Again the new landowner may not discover this until after the property is purchased. Most people are not so unaware as to buy a property within eye shot of running water that they would not ask themselves “Does this area flood?” I guess it does happen, so having floodplain areas identified during the subdivision process seems to be a good idea. I might also note that under State requirements, you can’t put a septic field in an annual floodplain under any circumstance. Identification of a 100 year floodplain is one thing but most certainly annual floodplain areas should be identified as well. Due to the nature of the soil, particularly on the west side of the South Fork, if the only location for a septic field is in a floodplain, a buyer might find himself out of luck if the only place to locate a drainfield is in an annual floodplain.


• Impact Mitigation.

This refers to the need to address the impact on the county’s infrastructure (schools, roads, services, etc) that are generally encountered as the result of By-Right Subdivision. While a conventional development is required to provide consideration for the impact on the county’s infrastructure, By-Right Subdivision does not. The county assumes the cost of any impact on roads, schools and other services. Ultimately, the taxpayers are left holding the bag.


4. Private Right-of -Ways.

By-Right Subdivision often requires the creation of private right-of-ways (rights-of-way?) to access lots. However, there potentially problems associated with doing so:

• Emergency Services.

Often the access road built on private right-of-ways is not very good since it isn’t built to VDOT or county standards. In emergency situations, emergency vehicles could have a difficult time responding because access roads are poor.

• Snow Removal.

Often people who live on private access roads have the expectation that the county or VDOT will perform snow removal on private access roads. Such is not the case.

• Homeowner’s Associations.

Homeowner’s Associations tend to have a life expectancy of about 10 years. At first, everything is wonderful. They have a new road (maybe a bridge) to access their property. As time goes on the new road (or bridge) deteriorates and requires significant maintenance. Perhaps property also changes hands and the band of once happy campers are not so compatible. Property owners may stop paying association dues. Little or no money is available to pay for repairs to the road (or bridge). The cycle continues and the road is a mess. More importantly (Here comes the bridge!) the bridge collapses. The property owners in one instance would have to come up with…$7,000,000 to replace their bridge. It would not be the county or states responsibility so what do they have…no bridge and no access to their homes. Ouch!

That is pretty much the essence of what was presented at the two sessions. The citizens who attended asked a number of questions, mostly to obtain clarification on a particular point.

My general impression is that the county planning staff is really looking for assistance from the citizens to help shape the outcome of this action. Unfortunately, a relative few showed up. Without broader citizen participation there may be some people who will later say they didn’t have a say in what might ultimately fall out of all of this. If they don’t make their opinions known, others will decide for them what is to be done. At that point, I can’t say I would be particularly sympathetic.

There are also zoning ordinance implications underlying the subdivision ordinance that may follow. Of particular note is the notion that larger lot sizes might be the answer. Only for those who can afford them and pay taxes on them! The average person in this county could end up being driven out due to ever increasing taxes on property. If you want to know what can happen, check out what is currently going on in Rappahannock.

All in all, it was a good start to what will be a long process. Since there is nothing predetermined on the table at this point, now is the time for people to pay attention. People should be aware that there are significant tax implications for the county if there are not some reasonable solutions forthcoming on By-Right subdivision.

If I have misrepresented or missed anything, corrections and comments are welcomed.


Alice’s addition: There was a citizen comment about breaking up a ranch, and needing to be sure you can still put houses for the workers on the tracts that are broken up to give to family members. It is important that everything that is necessary for encouraging farming be offered and provided in any changes to the zoning ordinances. Nothing being done, I believe, is intended to harm the farmers, and care should be taken that those who want to continue farming are not inadvertently harmed by our zoning laws.