ORDINANCE NO. 13

AN ORDINANCE TO REGULATE THE SUBDIVISION OF PROPERTY INTO LOTS, STREETS, ALLEYS AND OTHER PUBLIC AREAS, TO PROVIDE FOR THE MAKING AND RECORDING OF PLATS OF SUCH SUBDIVISION AND THE CERTIFICATION OF SAME AND PROVIDE FOR APPROVAL OF PLATS

WHEREAS, Article 6 of the Virginia Planning Act found in the Code of Virginia, 1950, as amended, §15.2-2240 et seq., the governing body of Greensville County, Virginia, is authorized to adopt regulations to provide for the orderly development of the general area by regulating subdivision of land; for the coordination of streets within the subdivision with other existing subdivisions or other planned streets within the general area as to location, width, grades, drainage, and for size, scale and other plat details; for adequate provision for light and air; for adequate provisions for drainage, flood control and other public purposes; for the extent to which and the manner in which streets shall be graveled or otherwise improved and water and storm, sanitary sewers and other facilities installed; for the distribution of population and traffic; for the enforcement of this ordinance and administration thereof not inconsistent with the provisions contained in the Act and for other regulations which will tend to create conditions favorable to health, safety, convenience, economy and prosperity.

 

NOW, THEREFORE, BE IT ORDAINED by the Board of Supervisors of Greensville County, Virginia, that the following regulations are hereby adopted for the subdivision of land within the

 

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*Editor’s note-Ordinance No. 13 is set out herein as adopted by the board of supervisors on June 19, 1967, and as subsequently amended. Amendments are indicated by a history note appearing in parentheses ( ) at the end of the amended section. The absence of such a note indicates that the section is derived, unamended, from the original ordinance. Any words appearing in brackets [ ] were added by the editor for clarity.

Cross references-Subdivisions ordinance not affected by Code or ordinance adopting Code, §1-5(6); buildings and construction regulations, Ch. 5; erosion and sediment control, Ch. 9; street numbers for properties, §10.5-16 et seq.

State law references-Land subdivision and development, Code of Virginia, §15.2-2240 et seq.; provisions of subdivision ordinance, §15.2-2241 et seq.

jurisdiction of Greensville County, Virginia, and from and after the effective date of this ordinance, every owner or proprietor of any tract of land to which these regulations apply who subdivides such tract as provided in these regulations shall cause a plat of such subdivision developed and prepared in accordance with these regulations, with reference to known or permanent monuments, to be made and recorded in the office of the Clerk of the Court wherein deeds conveying such land are required by law to be recorded.

(Amd. Of 1-18-00)

 

ARTICLE I. PURPOSE AND TITLE

 

The purpose of this ordinance is to establish certain subdivision standards and procedures for Greensville County, Virginia, and such of its environs as come under the jurisdiction of the governing body as provided for in the 1950 Code of Virginia, as amended. These are 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 these standards and procedures are to provide a guide for the change that occurs when lands 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. Subdivided land sooner or later becomes a public responsibility in that roads and streets must be maintained and numerous public services customary to urban areas must be provided. This ordinance assists the community in meeting these responsibilities.

 

This ordinance is known and may be cited as "SUBDIVISION ORDINANCE OF GREENSVILLE COUNTY, VIRGINIA."

 

For the purpose of this ordinance, certain words and terms used herein shall be interpreted or defined as follows: Words used in the present tense include the future, words in the singular include the plural, unless the natural construction of the word indicates otherwise; the work "lot" includes the word "parcel"; the word "shall" is mandatory and not directory; the word "approve" shall be considered to be followed by the words "or disapprove"; and reference to this ordinance includes all ordinances amending or supplementing the same; all distances and areas refer to measurement in a horizontal plane.

(Amd. Of 1-18-00)

The representative of the governing body who has been appointed to serve as the agent of the Board in approving the subdivision plats.

 

A permanent service way providing a secondary means of access to abutting properties.

 

The distance which a building is located or to be constructed from the front line or front boundary line.

 

The Planning Commission of Greensville County, Virginia.

 

A street with only one outlet and having an appropriate turn-around for a safe and convenient reverse traffic movement.

 

An owner of property being subdivided, whether or not represented by an agent.

 

An engineer licensed by the Commonwealth of Virginia.

 

The health director or sanitarian of Greensville County, Virginia.

 

The resident engineer employed by the Virginia Department of Transportation.

(Amd. of 1-18-00)

 

A number and recorded portion of a subdivision intended for transfer of ownership or for building development for a single building and its accessory buildings.

 

The mean horizontal distance between the front and rear lot lines.

 

A lot which has been recorded in the office of the Clerk of the appropriate Court.

 

The mean horizontal distance between the side lot lines.

 

Includes the terms: map, plan, plot, replat, replot; a map or plan of a tract or parcel of land which is to be or has been subdivided.

 

The principal means of access to abutting properties.

 

A heavily traveled thoroughfare or highway that carries a large volume of traffic, or anticipated traffic exceeding 500 vehicles per day.

 

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.

 

To divide any tract, parcel, or lot of land into two or more parts, except, however, that a division of land which satisfies the following criteria shall not be deemed a subdivision:

 

The property being divided is in an area of the County zoned A-1, Agricultural, and

 

A.1 The division is for a bona fide agricultural purpose or for use as building sites for members of the family owning such agricultural land. Members of a family shall be limited to sons, daughters, fathers, mothers, brothers and sisters of the owner(s), and

 

A.2 Each parcel created by the division shall contain at least one acre, and

 

A.3 If such parcel created by the subdivision does not front on a state-maintained road or on a dedicated right-of-way, an access easement must be conveyed for any parcel not having such frontage, and

 

The property being divided is in an area of the County zoned R-1 or R-2, and

 

B.1 No conflict with general ordinance, and

 

B.2 No new street is required, and

 

B.3 Each parcel created by the division shall contain at least one acre, and

 

B.4 Each parcel created by the division shall have a minimum of 100 feet of road frontage.

(Ord. of 1-21-91)

 

The agent may permit the separation of one parcel from a tract of land without complying with all requirements of this ordinance if:

 

There is no conflict with the general meaning of this ordinance,

 

No new streets are required to serve the parcel,

 

There is a minimum of one are in the area,

 

There is a minimum of 150 feet road frontage,

 

Farmlettes [sic] of less than 5 acres and subject to provisions of II-19, a, b, c, and d,

 

Recreational type develop.

 

An individual, corporation or partnership owning any tract, lot or parcel of land to be subdivided or a group of two or more persons owning any tract, lot or parcel of land to be subdivided, who have given their poser of attorney to one of their group or to another individual to act in their behalf in planning, negotiating for, representing, or executing the legal requirements for the subdivision.

 

A dwelling used for more than one family unit. Examples are: Apartment building, duplex, dwelling with garage apartment, dwelling with basement or upstairs apartment.

 

The agent appointed by the governing body is hereby delegated to administer this ordinance. In so doing, the agent shall be considered the agent of the governing body and approval or disapproval of the agent shall constitute approval or disapproval as though it were given by the governing body. The agent shall consult with the Commission on matters contained therein.

 

The agent shall perform his duties as regards subdivision and subdividing in accordance with this ordinance and the Land Subdivision and Development Act.

 

In the performance of his duties the agent may call for opinions or decisions, either verbal or written, from other departments in considering details of any submitted plat. This authority of the agent shall have particular reference to the resident highway engineer and the health officer.

 

The agent may, from time to time, establish other reasonable administrative procedures deemed necessary for the proper administration of this ordinance.

 

In the event a plan for subdivision is disapproved by the agent, the subdivider may appeal to the governing body which may then override the recommendation of the agent and approve said plat.

 

Any owner or developer of any tract of land situated within Greensville County, Virginia, who subdivides the same shall cause a plat of such subdivision, with reference to known or permanent monuments, to be made and recorded in the office of the Clerk of the appropriate Court. No such plat of subdivision shall be recorded unless and until it shall have been submitted, approved, and certified by the agent in accordance with regulations set forth in this ordinance. No lot shall be sold in any such subdivision before the plat shall have been recorded.

 

Every such plat shall be prepared by a surveyor or engineer, duly licensed by the Commonwealth of Virginia, who shall endorse upon each plat a certificate signed by him setting forth the source of the title of the land subdivided, and the place of record of the last instrument in the chain of title. When the plat is of land acquired from more than once source of title, the outline of the several tracts shall be indicated upon such plat, with an inset block, or by means of a dotted boundary line upon the plat.

Every such plat or the deed of dedication to which plat is attached, shall contain a statement to the effect that "the above and foregoing subdivision as appears in this plat is with the free consent and in accordance with the desire of the undersigned owners, proprietors, and trustees, if any," which shall be signed by the owners and shall be duly acknowledged before some officer authorized to take acknowledgments of deeds, and when thus executed and approved as herein specified shall be filed and recorded in the office of the Clerk of the Circuit Court, and indexed under the names of the land owners signing such statement and under the name of the subdivision.

 

No person shall subdivide any tract of land that is located within Greensville County, Virginia, as defined in Article 6 of the Virginia Planning Act except in conformity with the provisions of this ordinance.

 

This ordinance bears no relation to any private easement, covenant, agreement or restriction, nor is the responsibility for enforcing such private easement, covenant, agreement or restriction implied herein to any public official. When this ordinance calls for more restrictive standards than are required by private contract the provisions of this ordinance shall control.

 

No change, erasure or revision shall be made on any preliminary or final plat, nor accompanying data sheets after approval of the agent has been endorsed in writing on the plat or sheets unless authorization for such changes has been granted in writing by the agent.

 

There shall be a charge for the examination and approval or disapproval of every plat reviewed by the agent. At the time of filing the appropriate plat, the subdivider shall deposit with the agent a check payable to the Treasurer of the County in the following amount:

Exemptions: $10.00 (division of land for agricultural purposes and family conveyances).

Subdivisions: $15.00 (1 to 4 lots).

Subdivisions: (5 or more lots):

Preliminary: $20.00 + $1.00 per lot.

Final: $10.00 + $1.00 per lot.

(Ord. of 6-19-79; Amd. Of 1-18-00)

 

There is a mutual responsibility between the subdivider and Greensville County to divide the land so as to improve the general use pattern of the land being subdivided.

 

The agent shall not approve the subdivision of land if from adequate investigation conducted by all public agencies concerned, it has been determined that in the best interest of the public the site is not suitable for platting and development purposes of the kind proposed.

 

All required improvements shall be installed by the subdivider at his cost. In cases where specifications have been established either by the Virginia Department of Transportation for streets, curbs, etc., or by local ordinances and codes, such specifications shall be followed. The subdivider’s bond shall not be released until construction has been inspected and approved by the appropriate engineer. All improvements shall be in accordance with the following requirements [of this article.]

 

All streets of the proposed subdivision shall be designed and constructed in accordance with the minimum requirements of this ordinance by the subdivider at no cost to the locality.

 

The arrangement of streets in new subdivisions shall make provision for the continuation of existing streets in adjoining areas. The street arrangement must be such as to cause no unnecessary hardship to owners of adjoining property when they plat their own land and seek to provide for convenient access to it. Where, in the opinion of the agent, it is desirable to provide for street access to adjoining property, proposed streets shall be extended by dedication to the boundary line of such property. Half streets along the boundary line proposed for subdivision may not be permitted. Whenever possible, streets should intersect at right angles. In all hillside areas, streets running with contours shall be required to intersect at angles not less than 60 degrees, unless approved by the agent upon recommendation of the highway engineer.

 

Whenever a proposed subdivision contains or is adjacent to a limited access highway or expressway, provision shall be made for a service drive or marginal street approximately parallel to such right-of-way at a distance suitable for an appropriate use of the land between such highway and the proposed subdivision. Such distances shall be determined with due consideration of the minimum distance required for ingress and egress to the main thoroughfare. The right-of-way of any major highway or street projected across any railroad, limited access highway or expressway shall be of adequate width to provide for the cuts or fills required for any future separation of grades.

 

Major streets shall approach major or minor streets at an angle of not less than 80 degrees, unless the agent, upon recommendation of the highway engineer, shall approve a lesser angle of approach for reasons of contour, terrain or matching of existing patterns.

 

The minimum width of proposed streets, measured from lot line to lot line, shall be as shown on the MAJOR STREET PLAN, or in the absence of such plan, or if not shown on such plan, shall be:

 

Major streets: Not less than 80 feet.

Minor streets: Not less than 50 feet.

Local service drives or other minor streets which may or may not be extended in the future: Not less than 50 feet.

Alleys where permitted: Not less than 22 feet.

 

In cases where Virginia Department of Transportation specifications are lacking or less restrictive than the requirements of this ordinance, this ordinance shall prevail.

 

In cases where the Virginia Department of Transportation specifications are greater or more restrictive than this ordinance, the specifications of the Virginia Department of Transportation shall prevail:

 

Roadway: Shall be graded to 30 feet exclusive of side ditches.

Pavement: Base shall be not less than 22 feet in width and 6 inches in depth and be of stone, gravel or other material approved by the Virginia Department of Transportation.

Pavement: Width of finished pavement shall not be less than 20 feet and constructed of material passing Virginia Department of Transportation specifications.

Grades: The grades of streets submitted for approval on subdivision plats shall be approved by the agent on recommendation of the highway engineer. Wherever feasible, street grades shall not exceed 10 percent.

(Amd. of 1/18/00)

Generally, minor terminal streets designed to have one end permanently closed, shall be no longer than 400 feet to the beginning of the turn-around of not less than 100 feet in diameter.

 

Alleys should be avoided where possible. Dead end alleys, where allowed, shall be provided with adequate turn-around facilities as determined by the agent.

 

No private streets will be platted or permitted in any subdivision. Every subdivided property shall be served from a publicly dedicated street. No reserve strips controlling access to streets will be permitted.

 

Proposed streets which are in alignment with existing streets shall bear the names of the existing streets. In no case shall the name of the proposed streets duplicate the name of existing street names irrespective of the use of suffix street, avenue, boulevard, driveway, place, lane or court. Street names shall be indicated on the preliminary and final plat, and shall be approved by the agent. Names of existing streets shall not be changed except by the approval of the governing body.

 

Street identification signs shall be installed at all intersections and shall be of a uniform design approved by the agent.

 

Monuments required by this ordinance must be installed by the subdivider and must meet minimum requirements. Upon completion of streets and other improvements, required monuments must be clearly visible for inspection by the agent and for use. Such monuments must be inspected and approved by the agent before any improvements are accepted by the governing body.

 

Concrete monuments four (4) inches in diameter or square, three (3) feet long, with a flat top, shall be set at all street corners [and] at al points where the street line intersects the exterior boundaries of the subdivision.

 

The top of the monument shall have an appropriate mark to identify properly the location and shall be set flush with the finished grade.

All curved points and lot corners shall be marked with iron pipe not less than ¾ inches in diameter and twenty-four (24) inches long and driven so as to be flush with the finished grade.

 

Where public water is available the service shall be extended to all lots within a subdivision, including fire hydrants, by the subdivider in accordance with local and state regulations governing same, and meeting the approval of the agent. Every subdivision containing twenty-five (25) or more lots to which public water cannot or will not be provided shall be supplied by the subdivider with a complete central water supply and distribution system to serve each and every lot containing less than twenty thousand square feet per lot.

 

Where public sewerage facilities are available the service shall be extended to all lots within a subdivision and septic tanks will not be permitted. Every subdivision shall be provided by the subdivider with a satisfactory and sanitary means of sewerage collection and disposal in accordance with the design standards and specifications for sewerage construction and improvements in Greensville County and meeting the approval of the agent, provided the average prevailing lot size is less than twenty thousand square feet. In case of a subdivision in which the size of lots is twenty thousand square feet or more in area, an individual sewage disposal system for each lot may be provided subject to the approval by the health official.

 

Cross reference-Sewers and sewage disposal, Ch. 16.

 

Nothing in this regulation shall prevent the installation of privately owned water and/or sewerage facilities in are not available; provided, however, that such installations must meet all the requirements of the State Water Control Board, the State Health Department and any other State or local regulation having authority over such installation.

 

The minimum lot size in any area shall be in accordance with the zoning ordinance, except where public water and/or public sewer systems are not available such minimum lot sizes may be increased by the agent in accordance with the recommendations of the health officer which shall be submitted to the agent in writing, either by notation on the plat or by letter. The health officer may be guided by appropriate tests in determining the area required for the sanitary and safe disposal of septic tank effluent.

 

The minimum lot size in any area shall be in accordance with the zoning ordinance, except where public water and/or public sewer systems are not available such minimum lot sizes may be increased by the agent in accordance with the recommendations of the health officer which shall be submitted to the agent in writing, either by notation on the plat or by letter. The health officer may be guided by appropriate tests in determining the area required for the sanitary and safe disposal of septic tank effluent.

 

Residential lots served by both public water and public sewer systems shall be eighty (80) feet or more in width and ten thousand (10,000) square feet or more in area. Additional improvements required in subdivisions containing lots of this size are that:

 

streets shall be hard surfaced and treated and

storm drainage systems and curb and gutter systems shall be installed when required by the highway engineer.

 

Residential lots served by only one of public water or public sewer systems shall be one hundred (100) feet or more in width and fifteen thousand (15,000) square feet or more in area. An additional improvement required in subdivisions containing lots of this size is that all streets be hard surfaced and treated.

 

V-9-4. [Lot size-] Exceptions.

Greater lot areas may be required where individual septic tanks or individual wells are used if the health officer determines that there are factors of drainage, soil conditions or other conditions to cause potential health problems.

 

The agent shall require that data from percolation tests be submitted as a basis for passing upon subdivisions dependent upon septic tanks as a means of sewage disposal.

 

Until such time as a zoning ordinance is adopted for Greensville County, lots used for multiple dwellings shall provide 2,000 square feet additional area for each additional dwelling unit.

 

The subdivider shall provide all necessary information needed to determine what improvements are necessary to properly develop the subject property, including contour intervals, drainage plans and flood control devices. The subdivider shall also provide plans for all such improvements together with a properly qualified certified engineer’s or surveyor’s statement that such improvements, when properly installed will be adequate for proper development. The highway engineer shall then approve or disapprove the plans. The subdivider shall also provide any other information required by the highway engineer.

 

The installation of adequate fire hydrants in a subdivision at locations approved by the agent may be required, provided necessary public water is available. The agent shall consult with the proper authority before approving such location.

 

The agent may require that easements for drainage through adjoining property be provided by the subdivider. Easements of not less than ten (10) feet in width shall be provided for water, sewer, power lines and other utilities in the subdivision when required by the agent.

 

Before any subdivision plat will be finally approved by the agent the subdivider shall, in lieu of construction, furnish bond in an amount calculated by the agent to secure the required improvements in a workmanlike manner, and in accordance with specifications and construction schedules established or approved by the appropriate engineer, which bond shall be payable to and held by the governing body.

 

Two (2) blue or black line prints of the plans and specifications for all required physical improvements to be installed shall be prepared by an engineer and shall be submitted to the agent for approval or disapproval within forty-five (45) days. If approved, one (1) copy bearing certification of such approval shall be returned to the subdivider. If disapproved, all papers shall be returned to the subdivider with the reason for disapproval in writing. In the event no action is taken in forty-five (45) days such subdivision shall be deemed approved.

 

In addition to the area and width requirements already specified, lots shall be arranged in order that the following considerations are satisfied.

 

The lot arrangement, design and shape shall be such that lots will provide satisfactory and desirable sites for buildings, and be properly related to topography, and conform to requirements of this ordinance. Lots shall not contain peculiarly shaped elongations, solely to provide necessary square footage of area which would be unusable for normal purposes. Lot lines on curves shall be radial to the curve.

 

Each lot shall abut on a street dedicated by the subdivision plat, or on an existing publicly dedicated street, or on a street which has become public by right of use. If the existing streets are not fifty (50) feet in width, the subdivider shall make provisions in the deeds to the lots for all buildings to be so constructed as to permit the widening by dedication of such roads or streets to a width of fifty (50) feet.

 

Corner lots shall have extra width sufficient for maintenance of any required building lines on both streets as determined by the agent.

 

Side lines of lots shall be approximately at right angles or radial to the street line.

 

All remnants of lots below minimum size left over after subdivision of a tract must be added to adjacent lots, or otherwise disposed of rather than allowed to remain as unusable parcels.

 

Where the land covered by a subdivision includes two or more parcels in separate ownership, and lot arrangement is such that a property ownership line divides one or more lots, the land in each lot so divided shall be transferred by deed to single ownership, simultaneously with the recording of the final plat. Said deed is to be deposited with the Clerk of the Court and held with the final plat until the subdivider is ready to record same, and they both shall then be recorded together.

 

Lots intended for business or industrial use shall be designed specifically for such purposes with adequate space set aside for off-street parking and delivery facilities.

 

Where created by the subdivision of land, all new blocks shall be of modern design and shall comply with the following general requirements.

 

Generally, the maximum length of commercial blocks shall be twelve hundred feet, and the minimum length of blocks which are used for dwellings shall be five hundred feet.

 

Blocks shall be wide enough to allow two tiers of lots of minimum depth, except where fronting on major streets, unless prevented by topographical conditions or size of the property, in which case the agent may approve a single tier of lots of minimum depth.

 

Where a proposed subdivision will adjoin a major road, the agent may require that the greater dimension of the block shall front or back upon such major thoroughfare to avoid unnecessary ingress or egress.

 

There shall be one (1) permanently maintained off-street parking space on each lot for each dwelling unit.

 

ARTICLE VI. APPROVAL OF PLATS

 

Whenever any subdivision of land is proposed, and before any permit for the erection of a structure shall be granted, the subdivider or his agent shall apply in writing to the agent for the approval of the subdivision plat and submit three (3) copies of the preliminary plat including the lot, street and utilities layout. No lot shall be sold until a final plat for the subdivision shall have been approved and recorded in the following in the following manner.

 

The subdivider may, if he so chooses, submit to the agent a preliminary sketch of the proposed subdivision prior to his preparing engineered preliminary and final plats. The purpose of such preliminary sketch is to permit the agent to advise the subdivider whether his plans in general are in accordance with the requirements of this ordinance. The commission, upon submission of any preliminary sketch, shall study it, and advise the subdivider wherein it appears that changes would be necessary. The agent may mark the preliminary sketch indicating necessary changes and any such marked sketch shall be returned to the commission with the preliminary plat. The preliminary sketch shall be as follows.

 

It [the preliminary sketch] shall be drawn on white paper, or on a print of a topographic map of the property. It shall be drawn to a scale of two hundred (200) feet to the inch. It shall show the name, location and dimensions of all streets entering the property, adjacent to the property, or terminating at the boundary of the property to be subdivided. It shall show the location of all proposed streets, lots, parks, playgrounds and other proposed uses of the land to be subdivided and shall include the approximate dimensions.

 

Whenever part of a tract is proposed for platting and it is intended to subdivide additional parts in the future, a sketch plan for the entire tract shall be submitted with the preliminary plat. This sketch is merely for informational purposes and is not binding on the subdivider or the governing body.

 

The subdivider shall present to the commission three (3) prints of a preliminary layout at a scale of not more than two hundred (200) feet to the inch as a preliminary plat. The preliminary plat shall include the following information:

 

VI-3-1. Name of subdivision, owner, subdivider, surveyor or engineer, date of drawing, number of sheets, north point and scale. If true north is used, method of determination must be shown.

 

VI-3-2. Location of proposed subdivision by an inset map at a scale of not less than two (2) inches equal one (1) mile showing adjoining roads, their names and numbers, towns, subdivisions, other landmarks and typing proposed roads or streets into the present or existing road system.

 

VI-3-3. The boundary survey or existing survey or record provided such survey shows a closure with an accuracy of not less than one in five thousand; total acreage of subdivided area; number and approximate area and frontage of all building sites; existing buildings within the boundaries of the tract; names of owners and their property lines within the boundaries of the tract and adjoining such boundaries.

 

VI-3-4. All existing, platted and proposed streets, their names, numbers, and widths; existing utility or other easements, public areas and parking spaces; culverts, drains and water courses, their names and other pertinent data.

 

VI-3-5. The complete drainage layout, including all pipe sizes, types, drainage easements and means of transporting the drainage to a well defined open stream which is considered natural drainage.

 

VI-3-6. A cross section showing the proposed street construction, depth and type of base, type of surface, etc.

 

VI-3-7. A profile or contour map showing the proposed grades for the streets and drainage facilities including elevations of existing and proposed ground surface at all street intersections and at points of major grade change along the center line of streets together with proposed grade lines connecting therewith.

 

VI-3-8. Proposed connections with existing sanitary sewers and existing water supply or alternate means of sewage disposal and water supply.

 

VI-3-9. All parcels of land to be dedicated for public use and the condition of such dedication.

 

The agent or his appointed representative shall discuss the preliminary plat with the subdivider in order to determine whether or not his preliminary plat generally conforms to the requirements of the subdivision ordinance and of the zoning ordinance. The subdivider shall then be advised in writing within forty-five (45) days, which shall be by certified letter or by legible markings on his copy of the preliminary plat, concerning any additional data that may be required, the character and extent of public improvements that will have to be made, and an estimate of the cost of construction or improvements and the amount of the performance bond which will be required as a prerequisite to approval of the final subdivision plat. In determining the cost of required improvements and the amount of the performance bond, the agent may consult with a duly licensed engineer who shall prepare this data for the agent, or preferably may require a bona fide estimate of the cost of improvements to be furnished by the subdivider.

 

Approval by the agent of the preliminary plat does not constitute a guarantee of approval of the final plat.

 

The subdivider shall have not more than six (6) months after receiving official notification concerning the preliminary plat to file with the agent a final subdivision plat in accordance with this ordinance. Failure to do so shall make preliminary approval null and void. The agent may, on written request by the subdivider, grant an extension of this time limit.

 

The subdivision plats submitted for final approval by the governing body and subsequent recording shall be clearly and legibly drawn in ink upon tracing cloth at a scale of one hundred (100) feet to the inch on sheets having a size of 19’ x 22’. In addition to the requirements of the preliminary plat the final plat shall include the following:

 

VI-7-1. A blank oblong space 3’ x 5’ shall be reserved for the use of the approving authority.

 

VI-7-2. Certificates signed by the surveyor or engineer setting forth the source of title of the owners of the land subdivided and the place of record of the last instrument in the chain of title.

 

VI-7-3. A statement to the effect that the subdivision as it appears on this plat is with the free consent and in accordance with the desires of the owners, proprietors and trustees, if any, which shall be signed by the owners, proprietors and trustees, if any, and shall be duly acknowledged before some officer authorized to take acknowledgement of deeds.

 

VI-7-4. When the subdivision consists of land acquired from more than one source of title the outlines of the various tracts shall be indicated by dash-lines and identification of the respective tracts shall be placed on the plat.

 

VI-7-5. The accurate location and dimensions by bearings and distances with all curve data on all lots and street lines and center lines of streets, boundaries of all proposed or existing easements, parks, school sites or other public areas, the number and area of all building sites, all existing public and private streets, their names, numbers and widths, existing utilities, and those to be provided such as sanitary sewers, storm drains, water mains, manholes, and underground conduits including their size and type, water courses and their names, names of owners and their property lines, both within the boundaries of the subdivision and adjoining said boundaries.

VI-7-6. Distances and bearings must balance and close with an accuracy of not less than one in five thousand.

 

VI-7-7. The data of all curves along the street frontage shall be shown in detail at the curve or in a curve data table containing the following: Delta, radius, arc, tangent, chord and chord bearings.

 

The plat shall not be approved until the subdivider has complied with the general requirements and minimum standards of design in accordance with this ordinance, and has made satisfactory arrangements for performance bond, cash or cash bond to cover the cost of necessary improvements, in lieu of construction, to the satisfaction of the agent. Approval of final plat shall be written on the face of the plat by the agent. The subdivider shall record plat within sixty (60) days after final approval; otherwise agent shall mark plat "void" and return same to subdivider.

 

A subdivider, when advertising a subdivided tract of land for sale, shall be specific as to the following items:

 

VII-1-1. Whether officially approved water and sewage facilities are available or not.

 

ARTICLE VIII. EFFECTUAL CLAUSES

 

Where the subdivider can show that a provision of these standards 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 such provisions, 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. No such variance may be granted by this ordinance which is opposed in writing by the county or highway engineer or State Department of Health.

 

Any person violating the foregoing provisions of this section [ordinance] shall be subject to a fine of not more than one hundred dollars for each lot or parcel of land so subdivided or transferred or sold; and the description of such lot or parcel by metes and bounds in the instrument of transfer or other document used in the process of selling or transferring shall not exempt the transaction from such penalties or from the remedies herein provided and each day any person shall violate shall be considered a separate offense.

 

Should any article, section, subsection or provision of this subdivision ordinance be declared by a court of competent jurisdiction to be invalid or unconstitutional, such decision shall not affect the validity or constitutionality of this subdivision ordinance as a whole or any part thereof other than the part so declared to be invalid or unconstitutional.

 

All ordinances or portions of ordinances in conflict with this ordinance are hereby repealed to the extent of their conflict.

 

This ordinance may be amended in whole or in part by the governing body provided that any such 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 by the governing body. Notice of the time and place of the hearing shall have been given at least once a week for two weeks, and the last notice at least five (5) days prior to the hearing.

 

This ordinance shall be enforced by the Commonwealth’s Attorney for Greensville County, Virginia, when its’ violation is brought to his attention by the agent of the Planning Commission or the said Board of Supervisors.

 

The plat of the proposed subdivision shall not be approved until the signatures of the Highway Engineer, health officer and agent of the Board of Supervisors have been obtained on a certificate of approval furnished by the agent for the Board of Supervisors of Greensville County, Virginia.

 

This ordinance shall be effective on and after 12:01 a.m. on August 1, 1967.