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GENERAL PROVISIONS
The purpose of this chapter is to establish certain subdivision standards and procedures for the town and of its environs as come under the jurisdiction of the Council, as provided for by the Code of Virginia, as amended.
(1997 Code, § 58-1) (Ord. passed 2-21-1977, § 1-1)
This chapter is a part of a long-range plan to guide and facilitate the orderly beneficial growth of the community and to promote the public health, safety, convenience, comfort, prosperity and general welfare. More specifically, the purposes of this chapter are to provide a guide for the changes that occur when land and acreage become urban in character as a result of development for residential, business or industrial purposes, to provide assurance that the purchasers of lots are buying a commodity that is suitable for development and use; and to make possible the provision of public services in a safe, adequate and efficient manner.
(1997 Code, § 58-2) (Ord. passed 2-21-1977, § 1-1)
Where the subdivider can show that a provision of this chapter would cause unnecessary hardship if strictly adhered to and where, because of topographical or other conditions peculiar to the site, in the opinion of the agent, a departure may be made without destroying the intent of this chapter, the agent may authorize an exception. Any exception thus authorized is to be stated in writing in the report of the agent with the reasoning on which the departure was justified set forth. The exceptions authorized by this section specifically include surface treatment of the streets.
(1997 Code, § 58-4) (Ord. passed 2-21-1977, § 8-1)
This chapter may be amended in whole or in part by the Council, provided that any amendment shall either originate with or be submitted to the Commission for recommendation; and further provided that no such amendment shall be adopted without a public hearing having been held, in accordance with the provisions of VA Code, § 15.2- 2204.
(1997 Code, § 58-5) (Ord. passed 2-21-1977, § 8-5)
Statutory reference:
Amendments, see VA Code, §§ 15.2-2252, 15.2-2253
(A) 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. Any reference to this chapter includes all ordinances amending or supplementing this chapter. All distances and areas refer to measurement in a horizontal plane.
(B) For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
AGENT. The representative of the Council who has been appointed to serve as the AGENT of the Council in the approving of subdivision plats.
ALLEY. A permanent service way providing a secondary means of access to abutting properties.
APPROVE. Considered to be followed by the words OR DISAPPROVE.
BUILDING SETBACK. The minimum distance that a building must be set back from the front line or front boundary line.
COMMISSION. The Planning Commission of the town.
CUL-DE-SAC. A street with only 1 outlet and having an appropriate turnaround for a safe and convenient reverse traffic movement.
DEVELOPER. An owner of property being subdivided, whether or not represented by an agent.
DIRECTOR OF PUBLIC WORKS. The Director of Public Works of the town.
EASEMENT. A grant by a property owner of the use of land for a specific purpose.
ENGINEER. An engineer licensed by the commonwealth.
HIGHWAY ENGINEER. The resident engineer employed by the State Department of Transportation.
JURISDICTION. The area or territory subject to the legislative control of the Council.
LOT. A numbered and recorded portion of a subdivision intended for transfer of ownership or for building development for a single building and its accessory building. The word LOT includes the word PARCEL.
LOT, CORNER. A lot abutting upon 2 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 lines.
LOT, DOUBLE FRONTAGE. An interior lot having frontage on 2 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 mean horizontal distance between the side lot lines.
PLAT.
(a) Means and includes the terms map, plan, plot, replat or replot; or a map or plan of a tract or parcel of land which is to be or which has been subdivided.
(b) When used as a verb, the term PLAT is synonymous with the term SUBDIVIDE.
PROPERTY. Any tract, lot, parcel or several of the same collected together for the purpose of subdividing.
SHALL. The action referred to is mandatory and not directory.
STREET. The principal means of access to abutting properties.
STREET, MAJOR. A through street or road that carries a large volume of through traffic, or anticipated traffic, exceeding 500 vehicles per day.
STREET OR ALLEY, PUBLIC USE OF. The unrestricted use of a specified area or right-of- way for ingress and egress to 2 or more abutting properties.
STREET, OTHER. A street that is used primarily as a means of public access to the abutting properties with anticipated traffic of less than 500 vehicles per day.
STREET, SERVICE DRIVE. A public right-of-way generally parallel and contiguous to a major highway, primarily designed to promote safety by eliminating promiscuous ingress and egress to the right-of-way by providing safe and orderly points of access to the highway.
STREET, WIDTH. The total width of the strip of land dedicated or reserved for public travel, including roadways, curbs, gutters, sidewalks and planting strips.
SUBDIVIDE. To divide any tract, parcel or lot of land into 2 or more parts except, however:
(a) The term TO SUBDIVIDE shall not include a bona fide division or partition of agricultural land for agricultural purposes or for the building site for members of the family owning any agricultural lands.
(b) The agent may, however, permit the separation of 1 parcel from a tract of land without complying with all requirements of this chapter if:
1. It is not in conflict with the general meaning and purpose of this chapter;
2. No new streets are required to serve the parcel;
3. It is at least 20,000 square feet in area; and
4. It is not less than a 100-foot frontage.
(c) The word SUBDIVIDE and any derivative of the word shall have reference to the term subdivider as defined in this section.
SUBDIVIDER. An individual, corporation or registered partnership owning any tract, lot or parcel of land to be subdivided, or a group of 2 or more persons owning any tract, lot or parcel of land to be subdivided, who have given their power of attorney to 1 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.
SURVEYOR. A certified land surveyor as licensed by the commonwealth.
(1997 Code, § 58-3) (Ord. passed 2-21-1977, § 2)
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