(A) Vacations of plats or portions thereof shall be processed in accordance with VA Code §§ 15.2-2271 and 15.2-2272.
(B) Except as provided in division (C) of this section, boundary line adjustments shall be considered to be subdivisions of land and applications for such adjustments shall be made and processed in the same way as other applications for subdivision of land.
(C) When the boundary lines of any legal lot or parcel of record are proposed to be platted for the first time in accordance with an agreement of adjoining owners, or are proposed to be relocated, vacated or otherwise altered without creation of any additional lot or parcel, the following provisions shall apply:
(1) The subdivision agent shall waive the requirements of this chapter and approve such boundary line agreement or adjustment (BLA) as evidenced by his or her 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 agreement or adjustment which shall be executed, acknowledged and recorded by the owner or owners of such land as provided in VA Code § 15.2-2264.
(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.
(2) With respect to each lot or parcel resulting from any such BLA, the applicant shall satisfy one of the following two requirements:
(a) Submit an opinion of the health director regarding the suitability of the property for the utilization of septic systems with subsurface disposal, if that method of sewage disposal is proposed to be utilized; or
(b) Place a conspicuous note upon the plat, in substantially the following form:
The Northampton 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 and sewage disposal shall be required prior to any new construction in accordance with the provisions of the Zoning Ordinance.
(3) 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.
(4) For the purposes of the Zoning and Subdivision Ordinances of Northampton, 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 Northampton County, Virginia, of the boundary line adjustment plat.
(5) The subdivision agent shall take action to approve or deny any boundary line adjustment plat filed hereunder within 20 business days (excluding time that elapses awaiting applicant's response to county staff comments and requirements) after such plat has been officially submitted.
(6) Any boundary line adjustment plat approved hereunder shall be recorded by the applicant in the Office of the Clerk of the Circuit Court within six months of the date of final approval, or it is void.
(D) Boundary line adjustments shall be considered to be subdivisions of land and applications for such adjustments shall be made and processed in the same way as other applications for subdivision of land.
(Ord. passed 11-15-2006; Am. Ord. passed 11-10-2020; Am. Ord. passed 12-8-2020)