(1) Permitted Divisions. A single division of a lot or parcel into no more than six (6) additional lots for the purpose of sale or as a gift of each of said lots to a member of the immediate family of the property owner is permitted subject to the provisions of the Code of Virginia, 1950, as amended, and the requirements of this Section 1243.04. No person who has previously received a conveyance of land as a grantee under Section 15.2-2244, Section 15.1-466(A)(12) or (13) or Section 15.1-466(G) or any predecessor Section of the Code of Virginia, 1950, or any local ordinance enacted pursuant thereto shall be eligible to be a grantee of a lot or parcel created pursuant hereto. Any such division shall not be for the purpose of circumventing this chapter or other chapters of the Loudoun County Code. For the purpose of this section, "a member of the immediate family" is defined as any natural person who is a natural or legally defined child, stepchild, grandchild, spouse, brother, sister or parent of the property owner; and "property owner" is defined as the natural person(s): (a) who is the sole owner of the property; or (b) who is the:
(a) Sole owner of all stock or other documents of ownership of the corporation, or
(b) Sole partner of the general partnership, or
(c) Sole managing partner of the limited partnership, or
(d) Sole member of the limited liability company, or
sole trustee and sole beneficiary, with sole possession of any right of revocation, of the trust, that is the sole owner of the property. Such conveyance to a member of the immediate family may be made to such member and his or her spouse if title is conveyed to them as tenants by the entirety.
(2) Approval by Director; Requirements. The Director shall have all authority to approve such subdivision as evidenced by his signature on the plat, provided the following requirements are met:
(a) All applicable requirements of the Zoning Ordinance shall be met.
(b) The proposed lot shall conform to applicable design standards set forth in this Ordinance and the Facilities Standards Manual and to the applicable Development Standards set forth in Chapter 1245 of this Ordinance, provided, however, that the requirements of Sections 1245.08 and 1245.10 to extend public water to all lots or to provide an approved location on each lot for a well shall be waived if the plat contains a conspicuously placed note substantially similar to either of the following:
1. “Note: The lots on this plat have NOT been tested or approved for wells and there is no guarantee that an approvable well can be located on any lot. No zoning permit or building permit will be issued for any lot until a well has been approved for such lot by the Health Director.”
or
2. “Note: The lots on this plat are required to be served by public water. However, such service has NOT been extended to such lots. No zoning permit or building permit will be issued for any lot until public water has been extended to such lot in accordance with the regulations and specifications of the Facilities Standards Manual and the Loudoun County Sanitation Authority or other applicable Federal, State or local agency. The owner of each lot on this plat shall grant, without compensation, such reasonable easements as are necessary to permit such extension of public water to all lots.”
If the public water note is required on the plat, then the deeds of conveyance, or a separate deed of subdivision, must create and establish appropriate easements to permit the future extension of public water to all lots.
The Director shall determine which of the foregoing notes shall be required. If note 2. is chosen, the deed or deeds which subdivide or convey the lots shall create and establish appropriate easements to permit the future extension of public water to all lots.
(c) The plat shall be drawn with all plan and plat detail requirements of this Ordinance and the Facilities Standards Manual.
(d) The property owner requesting such subdivision shall have held fee simple title to the property to be subdivided for a period of more than one year prior to the filing of the family subdivision application with the County.
(e) A fee is paid pursuant to Section 1242.12 of this Ordinance.
(3) Enforcement Provisions:
(a) The approved family subdivision plat and deed or deeds of sale or gift filed as part of the family subdivision application and approved in conjunction with the plat shall be recorded within six (6) months after the date of approval of the plat by the Director. Such approval shall automatically terminate with respect to any such family subdivision plat if such approved plat and approved deed or deeds of sale or gift have not been recorded within such six (6) months and, thereafter, such plat shall be null and void. A note to this effect must be placed conspicuously upon the family subdivision plat before it may be approved.
(b) If a family subdivision grantee conveys a lot or parcel received pursuant to an approved family subdivision within one (1) year after the date of approval of the family subdivision plat, such family subdivision grantee shall be presumed to have intended at the time of the approval of the family subdivision to circumvent this chapter or other chapters of the Loudoun County Code. Such conveyance shall entitle the Director to take any reasonable actions necessary to ameliorate the effect of such circumvention, including without limitation recommending to the Board of Supervisors the adoption of an ordinance vacating said subdivision in whole or in part as provided in Section 15.2-2272 of the Code of Virginia. A note to this effect must be placed conspicuously upon the family subdivision plat before it may be approved. This paragraph shall not apply to a conveyance made to secure an obligation nor pursuant to the foreclosure of a lien provided the recordation of such lien against such lot or parcel occurs after the recordation required by paragraph (a) above, nor shall it apply to the lot or parcel retained by the subdivider.
(c) No zoning permit nor building permit shall be issued for any lot or parcel with respect to which any of the foregoing provisions of this Section 1243.04 has been violated unless and until correction of such violation has been accomplished to the satisfaction of the Director. No zoning permit nor building permit shall be issued for any lot or parcel created pursuant to a family subdivision plat unless evidence of the required recordations has been supplied to the Department.
(d) Upon satisfactory evidence of a conveyance as described in paragraph (b) above or other action constituting a circumvention or violation of any provision of this Ordinance, the Board of Supervisors may adopt an ordinance vacating in whole or in part any such family subdivision plat in accordance with Section 15.2-2272 of the Code of Virginia.
(4) Intent. It is the intent of this Ordinance that no application for further subdivision of any lot or parcel created and conveyed pursuant hereto shall be filed within one (1) year after the date of approval of the family subdivision plat.
(Ord. 00-04. Passed 4-29-00; Ord. 06-16. Passed 12-5-06.)