WHEREAS, in October of 2002 the Board of Supervisors transmitted proposed changes to the immediate family definition as it relates to family divisions in the Subdivision Ordinance for Planning Commission review and recommendations; and

WHEREAS, the proposed amendment was subject to Planning Commission public hearing on December 19, 2002 ; and

WHEREAS, on January 21, 2003 the Board of Supervisors conducted a public hearing on the proposed amendment; and

WHEREAS, the Board of Supervisors considers and believes the amendment is in the best interest of the citizens of Fauquier County in terms of preserving family cohesiveness and forwarding the preservation of family farming; now, therefore, be it

ORDAINED by the Fauquier County Board of Supervisors this 21st day of January 2003, That Section 2-39(A)(1) of the Fauquier County Subdivision Ordinance be, and is hereby amended for all applications filed after this date, as follows:


2-39           Subdivision

3)      An exception to the definition of "Subdivision" is made and approved by the agent is permitted for the following:

A)  The single division of a lot or parcel for the purposes of a gift or sale to any member of the owner's immediate family provided:

1)      The grantee is a natural or legally defined child, grandchild, or parent, grandparent, spouse, sibling, aunt, uncle, niece, or nephew of the owner or one of the owner(s) who are married to each other.  (Amended by Board of Supervisors on July 18, 1995.)

2)      No previous transfer under this provision has been granted to the grantee in this County.

3)      The lot will not be voluntarily transferred to a non-immediate family member for at least ten (10) years except that a transfer of a shared interest may subsequently or simultaneously be made to the spouse of the grantee.  This restriction shall be noted in the deed.

4)      The grantee is 18 years of age and able to hold real property under the laws of Virginia .

5)      The purpose of the transfer is to provide for the housing needs of the grantee.

6)      The transfer is not for the purpose of circumvention of the Subdivision Ordinance.

7)      The grantor and grantee sign an affidavit duly acknowledged before some officer authorized to take acknowledgments of deeds that certifies compliance with 1 thru 6 above.

8)      Lots of five acres or greater shall be served by a right-of-way of not less than fifty feet in width; lots of less than five acres shall be served by a right-of-way of not less than twenty feet in width.

9)      Each lot created hereunder and the residue lot shall have Health Department approval for sewerage disposal to serve a minimum of a two-bedroom residue.

10)    When the residue can no longer be divided under this provision or otherwise, a note to that effect shall be contained on the plat or in the deed.

11)    If the proposed lot(s) is served by a non-exclusive right-of-way, which is maintained by means of a recorded maintenance agreement or a duly constituted homeowners association, concurrence of the association or persons signatory to the maintenance agreement for the addition of the proposed lot(s) is required.

12)    Procedures for approval shall be the same as those for administrative subdivisions contained in Paragraph 3-12(B).

13)    In the event the Board of Supervisors determines a circumvention to have occurred, the family transfer approval shall be considered void and the County may take appropriate action to require compliance with all otherwise applicable subdivision and zoning requirements or may initiate action to vacate said lot.  No zoning permits shall be issued for such lot(s).

14)        If the Board finds that an extraordinary hardship is being caused by the ten-year restriction, it may reduce the time period to alleviate the hardship.  This hardship provision shall be noted on the plat or in the deed.