Notwithstanding the provisions of Sections 1243.04 through 1243.13, inclusive, of this Ordinance, when the boundary lines of any legal lot or parcel of record are proposed to be relocated, vacated or otherwise altered without creation of any additional lot or parcel, the following provisions shall apply:
(1) The Director shall waive the requirements of this Ordinance and the Facilities Standards Manual and approve such boundary line adjustment (BLA) as evidenced by his signature on a plat thereof so long as the following conditions have been met:
(a) Such BLA shall not involve the relocation or alteration of streets, alleys, easements for public passage, or other public areas; and no easements or utility rights-of-way shall be relocated or altered without the express consent of all persons holding any interest therein.
(b) Such BLA shall be clearly depicted upon an otherwise valid plat of boundary line adjustment which shall be executed, acknowledged and recorded by the owner or owners of such land as provided in Section 15.2-2264 of the Virginia Code.
(c) Such BLA shall not result in any new violation of the area or other dimensional requirements of the Zoning Ordinance, provided, however, that any existing violation of minimum yard requirements or any existing non-conformity in any non-conforming lot (as defined in the Zoning Ordinance) shall be permitted to continue so long as such yard violation or non-conformity is not enlarged, expanded or extended.
(d) With respect to each lot or parcel resulting from any such BLA, the applicant shall satisfy one of the following two requirements:
1. Submit appropriate documentation to demonstrate in accordance with Chapter 1245 of this Ordinance, that such parcel has an approved source of water and the capability of providing sanitary sewage service; or
2. Place a conspicuous note upon the plat, in substantially the following form:
The Loudoun County Health Department has not approved this lot for water supply or sewage disposal. A certification from the Health Department that such lots meet the requirements concerning water supply, sewage disposal and well testing shall be required prior to any new construction in accordance with the provisions of the Loudoun County Zoning Ordinance. This boundary line adjustment shall not result in any off-site subsurface disposal field (e.g., drainfield) in violation of Section 1066.12(b) of the Loudoun County Codified Ordinances.
(e) Unless the titles to all parcels affected by the BLA are vested identically in the same person or entity or the same combination of persons and/or entities, a Deed shall be filed with the plat which makes clear that no additional lot or parcel shall be created by the BLA.
(2) For the purposes of the Zoning and Subdivision Ordinances of Loudoun County, the lots or parcels resulting from any such boundary line adjustment approved hereunder shall be considered as coming into existence as of the date of recordation in the Office of the Clerk of the Circuit Court of Loudoun County, Virginia, of the boundary line adjustment plat.
(3) The Director shall take action to approve or deny any boundary line adjustment plat filed hereunder within twenty (20) business days (excluding time that elapses awaiting applicant's response to County staff comments and requirements) after such plat has been officially submitted.
(4) Any boundary line adjustment plat approved hereunder shall be recorded by the applicant in the Office of the Clerk of the Circuit Court of Loudoun County, Virginia, within six (6) months of the date of final approval, or it is void.
(Ord. 00-04. Passed 4-29-00.)