A SUBDIVISION Ordinance Text Amendment to Section 2-39.3.A to require lots created through the Family Transfer process to have entrances approved by the Virginia Department of Transportation (VDOT)

            WHEREAS, on February 26 2009, the Planning Commission initiated this text amendment; and

WHEREAS, on March 26 2009, the Planning Commission held a public hearing on the proposed text amendment and forwarded the proposed text amendment to the Board of Supervisors recommending approval; and  

            WHEREAS, on May 14 2009, the Fauquier County Board of Supervisors held a public hearing on this amendment; and

            WHEREAS, adoption of the attached amendment to Section 2-39.3.A supports good subdivision practices, convenience, and the general welfare; now, therefore, be it           

            ORDAINED by the Fauquier County Board of Supervisors this 14th day of May 2009, that Section 2-39.3.A be, and is hereby, amended as follows:

2-39     Subdivision

1)           The division of a lot, tract or parcel of land into two or more lots, tracts or parcels for the purpose of transfer of ownership or building development. For purposes of this Section, the term shall relate to the purpose of recordation of any single division of land into two lots or parcels.

2)           The division or allocation of land as open space for the common use by owners, occupants, or leaseholders.

3)           An exception to the definition of "Subdivision" is made and approval 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)           One of the property owner(s) is the natural or legally defined child, grandchild, parent or grandparent of the grantee or one of the property owner(s) is a trustee of a property owner’s estate who was an immediate family of the grantee. (Amended by Board of Supervisors on February 18, 2003.)

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 residence.

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 3-2, (B).

13)        The platting requirements of Chapter 10 of this Ordinance are met.

14)        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).

15)        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.

16)        The highway entrance for the proposed lot is approved by the Virginia Department of Transportation.

                                                                                    A Copy Teste 

                                                                                    Paul S. McCulla
                                                                                    Clerk to the Board of Supervisors

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