Division 3 – Preliminary Plan and Final Plat Requirements

§ 19.5-17 General requirements.

A. Platting required. No tract of land situated in Appomattox County shall be subdivided unless the subdivider shall cause a plat of subdivision to be made, submitted, and approved pursuant to the terms of this chapter and recorded in the land records of the office of the Clerk of the Circuit Court.

B. Compliance with Zoning Ordinance. No preliminary plan or final plat of subdivision shall be approved unless all lots shown thereon comply with all applicable requirements of Chapter 19.6, Zoning, of the Appomattox County Code, including conditions properly proffered and accepted as part of a zoning change involving any land which is included in the proposed subdivision.

C. Recordation. No plat of subdivision shall be recorded unless and until the plat shall have been submitted to, approved, and certified by the Subdivision Agent in accordance with the regulations set forth in this chapter and the Code of Virginia, as amended. No lot shall be sold and conveyed in any subdivision before the plat shall have been recorded.

D. Exemption for agricultural subdivision and pipe stem lots.

(1) Lots subdivided as agricultural tracts shall be exempt from the street frontage requirements in Chapter 19.6, Zoning. Applicants for agricultural subdivision approval shall submit to the Subdivision Agent four copies of a plat conforming to the requirements set forth in § 19.5-20B, Content of the final plat. Staff approval or denial of agricultural subdivisions shall be given within five business days of submission by the surveyor or owner.

(2) Lots subdivided as a pipe stem lot shall have a minimum 50 feet of street frontage. No more than two stems may abut one another, and no more than three pipe stems shall be allowed in any six-hundred-foot continuous span of street frontage. The minimum lot size for a pipe stem lot shall be not less than 10 acres. [Amended 6-4-2007]

E. Minor revisions, alterations, or adjustments.

(1) Permission for minor revisions for correction of errors on approved plats, and which do not involve more than five lots, shall be granted to the certifying surveyor or engineer upon filing with the Subdivision Agent a statement and revised plat describing the changes. All other revisions, including but not limited to adjustment of boundary lines between two or more but not more than five lots within the subdivision, vacation of lot lines for the purpose of combining two or more lots, and addition of easements not subject to approval by the Virginia Department of Transportation, shall be submitted on a final plat prepared in accordance with the requirements set forth in § 19.5-20B, Content of the final plat. The Subdivision Agent shall conduct a ministerial review of the changes. Provided that such minor changes, alterations, or adjustments do not result in the creation of any new or additional lots or violations of this chapter or Chapter 19.6, Zoning, increase a nonconformity or create a nonconformity, the Subdivision Agent shall approve such plats for recordation.

(2) Approval or denial of such minor revisions, alterations, or adjustments shall be given within 10 business days of submission by the surveyor or owner.

§ 19.5-18 Family divisions.

A. Permitted. A single division of a lot or parcel is permitted for the purpose of sale or gift to a member of the immediate family of the property owner, subject only to the express requirements contained in the Code of Virginia, as amended, and the following provisions contained in this chapter.

B. Eligibility. The grantee shall be an immediate family member of the owner or owners and at least 18 years of age and able to hold real estate under the laws of the Commonwealth of Virginia. “Immediate family” is further defined in Article I of this chapter.

C. Provisions.

(1) No previous transfer under this provision shall have been granted to the grantee in this County. The grantor shall provide proof of continuous qualifying family ownership for a minimum of 10 years prior to the conveyance, and the grantee shall not convey the new lot within 10 years of recordation to any person(s) other than qualifying family members as enumerated in Article I of this chapter, unless otherwise approved by the Board of Supervisors. [Amended 6-4-2007]

(2) The lot size shall conform to the minimum requirements for the underlying zoning district. This does not include the frontage requirement.

(3) The purpose of the transfer shall be to provide for the housing needs of the grantee.

(4) Lots not having frontage on a state road or a dedicated private road to which the property has access rights shall be served by an easement of no less than 20 feet in width which provides access to a state road or dedicated private road to which the property has rights of access. Other than family divisions, this easement shall not be utilized to satisfy frontage or access requirements for further divisions.

(5) The grantor and grantee shall sign under oath an affidavit duly acknowledged before an officer authorized to take acknowledgments and deeds that certifies compliance with Subsection C(1) through (4).

(6) In the event that the Board of Supervisors determines a circumvention has occurred, the family division approval shall be considered void, and the County may take appropriate action to require compliance with all other applicable subdivision and zoning requirements or may initiate action to vacate said lot. No building or zoning permit shall be issued for said lot until the Subdivision Agent determines that the lot is in compliance with this chapter.

(7) A family division plat shall be submitted to the Subdivision Agent and shall conform to the requirements set forth in § 19.5-20B, Content of the final plat.

(8) A family division plat shall contain the following restrictive covenants: [Amended 6-4-2007]

§ 19.5-19 Minor subdivisions and preliminary plans.

A. Provisions.

(1) Minor subdivisions, which do not include family divisions or agricultural divisions, are subject to administrative review only. The Subdivision Agent or his/her designee shall approve or disapprove a minor subdivision plat in accordance with the requirements set forth in § 19.5-20B, Content of the final plat, and C, Review and approval.

(2) The applicant for minor subdivision plat approval may have to submit information to the Subdivision Agent for a determination of whether the approval process authorized by this section can be and should be utilized.

(3) The Subdivision Agent shall take expeditious action on an application for minor subdivision plat approval. The applicant or, for good cause, the Subdivision Agent may at any time refer the application to the major subdivision approval process. Good cause shall include, but not be limited to, any of the following factors: the site includes topographical, geologic, or other physical features which merit special consideration; or the site contains sensitive wildlife habitat of endangered or threatened species; or the site contains or is adjacent to significant archaeological, architectural, or historic sites or resources which merit protection.

(4) Unless the application is referred to the major subdivision process, or is incomplete, or is referred to an outside agency (i.e., the Virginia Department of Health or Department of Transportation), approval or disapproval shall occur within 10 business days.

B. Preliminary plan required. The submission of a preliminary plan shall not be required for minor revisions, alterations, adjustments, family divisions, agricultural subdivisions, or minor subdivisions. A preliminary plan is required for all major subdivisions.

C. Presubmission conference. Prior to the preparation and submission of a preliminary plan, a subdivider shall confer with the Subdivision Agent or his/her designee to review the regulations contained in County ordinances, policies, and plans.

D. Filing.

(1) Prior to County review, a developer shall file with the Subdivision Agent a completed application with fee payment for preliminary plan review along with four copies of the preliminary plan.

(2) The preliminary plan shall be prepared by an architect, landscape architect, engineer, surveyor, or other persons authorized by the Code of Virginia, as amended. The plan shall be drawn on numbered sheets at a scale of 100 feet to the inch unless otherwise agreed to by the Subdivision Agent. If the plan requires more than one sheet, match lines shall clearly indicate where the several sheets join and shall be accompanied by a key plan showing the entire development at a reasonable scale.

(3) The Subdivision Agent shall notify the developer within five business days if the preliminary plan is incomplete or does not comply with the submission requirements.

E. Content of preliminary plan.

(1) General information. The subdivision name, owner’s name and address with contact number, plan preparer’s name and address with contact number, number of sheets, North arrow (oriented to the top of the page where practical), graphic scale, source of title, Tax Map identification number for the parcel(s), vicinity map, and a signature line for the Subdivision Agent. The signature line shall be in the following form:

(2) Topographic map. A topographic map showing all the area covered by the subdivision properly related to United States Geological Survey (USGS) 7.5 minute quadrangle data and showing the boundary lines of the tract to be subdivided with designated floodplain districts and floodway limits delineated.

(3) Natural and cultural features. All pertinent natural, cultural, and historical features and landmarks, including watercourses, marshes, lakes, impoundments, areas of significant vegetation, existing buildings, grave sites, or any other relevant markings.

(4) The names, locations, and dimensions of all streets, public water and sewer easements, drainage easements, and any rights-of-way.

(5) Lot lines with number and approximate area of all lots along with boundaries or section numbers if the development is to be built in phases. Lots shall be numbered consecutively (beginning with “1, 2, 3….”) throughout the subdivision so that there is no duplication of lot numbers.

(6) All lands proposed for public or common use, including conservation easements or areas, parks, schools, trails or other public uses.

(7) The zoning classification and land use category for the area being subdivided and for adjoining properties.

(8) Location and description of any stormwater management structures and facilities as required by Chapter 19.3, Erosion and Sediment Control, of the Appomattox County Code.

F. Staff review. The Subdivision Agent shall review the preliminary plan for conformance with this chapter, the Comprehensive Plan, Chapter 19.6, Zoning, of the Appomattox County Code, and other applicable ordinances and policies. Any inconsistencies shall be forwarded to the developer or his/her agent within 10 days of receipt of the plan.

G. Action by the Subdivision Agent. The Subdivision Agent shall review and approve preliminary plans. Approval shall be indicated by signature on the face of the plan by the Subdivision Agent.

H. Decision. Within 60 days of submission of a completed application, the developer shall be advised of the decision of the Subdivision Agent. Such notification shall be by letter and/or signature on the developer’s copy of the preliminary plan. If the Subdivision Agent does not act within this time, the plan shall be deemed approved.

I. Limits of approval. The approval of a preliminary plan does not guarantee or constitute approval of the subdivision or authorization to proceed with construction or improvements within the subdivision.

§ 19.5-20 Major subdivisions and final plats.

A. Filing.

(1) After approval of the preliminary plan or where a preliminary plan is not required, a subdivider shall file with the Subdivision Agent an application for final plat approval. The application shall be accompanied by six originals of the final plat prepared by a surveyor or engineer.

(2) The Subdivision Agent shall notify the subdivider in writing if the final plat application is incomplete and/or does not comply with submission requirements of this chapter.

B. Content of the final plat.

(1) The final plat shall be a copy of the original tracing drawn to a scale of 100 feet to the inch, unless otherwise agreed to by the Subdivision Agent. For plats depicting resurveys, boundary line adjustments or minor subdivisions, the plat shall be drawn on a sheet which is 11 inches by 17 inches maximum with a minimum one-quarter-inch border on all sides. For all other plats, it shall be drawn on a sheet which is a minimum 15 inches by 18 inches in size with a minimum one-quarter-inch border on all sides. The North arrow shall be shown with annotation in accordance with the meridian to which the plat bearings are referenced and, where practical, oriented to the top of the sheet.

(2) If the final plat is more than one sheet, match lines shall be clearly indicated and a key plan shall accompany the submittal. The key plan should include the entire development and be at a reasonable, legible scale.

(3) The boundary lines of the area being surveyed shall be determined by an accurate field survey with bearings shown in degrees, minutes, and seconds to the nearest 10 seconds and dimensions to be shown in feet to the nearest hundredth of a foot to an accuracy of not less than one in 10,000.

(4) All curves on a final subdivision plat shall be defined by radii, central angles, arc lengths, tangent lengths, chord lengths, and chord bearings. Such curve data shall be expressed by a curve table lettered on the face of the plat, each curve being tabulated and numbered to correspond with the respective numbered curve shown throughout the plat.

(5) The following general information should be included on the final plat:

(a) Name of the subdivision, any easements for identification signs, public utility easements, or drainage easements, including the exact location and width, use, and ownership. If an easement is provided for roadway purposes, then a note should be added to the plat stating that the easement is to be maintained by the Virginia Department of Transportation only to the extent necessary to serve roadway purposes.

(b) Information pertaining to the adjoining property owners, including name and Tax Map identification number.

(c) Date of the drawing, including revision dates, graphic scale, vicinity map and total acreage in each proposed use (summary chart).

(d) Lot numbers shall be in consecutive numerical order. If part of a larger development, the section or phase name or number.

(e) Lot location and dimensions of all lot lines with the area for each lot.

(f) If the property is located within the one-hundred year floodplain, the boundary of the floodplain should be shown with clear indications as to the flood zone.

(g) All required monuments shall be shown on the plat.

(h) The accurate location and dimensions of all existing and proposed streets, both within and adjoining the subdivision. Streets shall be named and shall not duplicate existing or platted street names, unless the new street is a continuation of an existing or platted street, in which case it shall bear the name of the existing or platted street. If temporary culs-de-sac are needed, then appropriate notes shall be placed on the plat with the extent of the cul-de-sac and any provisions for the ultimate abandonment of said cul-de-sac.

(i) The surveyor or engineer shall affix upon each plat his name and address with a certification stating the source of the title of the owner of the land subdivided and the place of record of the last instrument in the chain of title.

(j) The surveyor or engineer shall affix upon each plat a note certifying that, to the best of his/her knowledge and belief, all requirements of the Appomattox County Board of Supervisors regarding platting of subdivisions have been met.

(k) The surveyor or engineer shall affix upon each plat the following statement concerning the owner’s consent: “The platting or dedication of the following land is with the free consent and in accordance with the desires of the undersigned owners, proprietors, and trustees, if any.” If new public streets are indicated on the plat, the following should be added to the end of the consent statement: “The roads shown hereon are hereby dedicated to public use.” The statement shall be signed by such persons and duly acknowledged before an officer authorized to take acknowledgements of this nature.

(l) The surveyor or engineer shall affix upon each plat the following signature panel for the Subdivision Agent, Virginia Department of Transportation agent, and the Virginia Department of Health agent:

C. Review and approval.

(1) The Subdivision Agent shall review and approve the final plat. If necessary, the Agent shall submit the final plat to the Virginia Department of Transportation and/or Health Department for review and approval. Such approvals shall be evidenced by the respective signature on the appropriate official on the plat. The Subdivision Agent shall take action within 60 days of submission of the final plat, provided that all provisions of this chapter have been met, any needed surety has been submitted and applicable approval by the Virginia Department of Transportation and Health Department has been obtained.

(2) Approval of the final plat shall be shown by affixing the signature of the Subdivision Agent to the plat.

(3) All final plats shall be filed in the office of the Clerk of the Circuit Court within six months of approval. A final plat shall not be recorded unless it has the signature of the Subdivision Agent.

D. Acceptance of improvements. The developer shall dedicate to the County, and the Virginia Department of Transportation, where applicable, all land required for streets, easements, and alleys, and other public facilities as required by this chapter. Acceptance of said improvements shall not be final until they are inspected and approved by the appropriate official with either the County or the Virginia Department of Transportation.

E. Required documentation. All security requirements, including approved certified engineer’s cost estimate, developer agreement, and/or surety, shall be provided prior to final approval by the Subdivision Agent.