ORDINANCE

 

A SUBDIVISION ORDINANCE TEXT AMENDMENT TO SECTIONS 2-39 AND 3-2 OF THE DEFINITIONS AND ADMINISTRATION CHAPTERS REGARDING COMMERCIAL AND INDUSTRIAL DIVISIONS

 

            WHEREAS, on March 9, 2006, the Board of Supervisors instructed staff to initiate a series of Subdivision Ordinance text amendments to facilitate the development of commercial and industrial subdivisions; and

             WHEREAS, on April 27 and May 25, 2006, the Planning Commission held public hearings on the proposed revisions, and unanimously forwarded the proposed text amendment to the Board of Supervisors recommending its adoption; and

             WHEREAS, on June 8, 2006, the Fauquier County Board of Supervisors held a public hearing on this amendment; and

             WHEREAS, the adoption of this text amendment would be in the spirit of the Board of Supervisorís goal of encouraging commercial and industrial development; now, therefore, be it

             ORDAINED by the Fauquier County Board of Supervisor this 8th day of June 2006, That Sections 2-39 and 3-2 of the Fauquier County Subdivision Ordinance be, and are hereby, amend as follows:

 

SECTION 2 Ė DEFINITIONS (WORDS AND TERMS)

 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 approvaled 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 ownerís 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 7 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.

                    B)          The sale or exchange of parcels between adjoining lot owners provided:

1)           Such sale or exchange does not create an additional building lot;

2)           The sale or exchange of parcels does not leave a parcel that does not conform to the lot size and frontage requirements of the zoning district in which the property is located, and

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

C)          The division of a lot, tract or parcel of land into two or more parcels all of which are fifty (50) acres or greater for the purpose of transfer of ownership or building development provided:

1)           The lots/layout conform to requirements of this Ordinance and other County Ordinances;

2)           All lots are served by a right-of-way at least thirty (30) feet in width;

3)           The design standards of Article 7-303.1 of the Zoning Ordinance are met, except that the right-of-way width may be reduced as provided above;

4)           The homeowners association is established with covenants which provide for the maintenance and upkeep of the private street;

5)           The highway entrance is approved by the Virginia Department of Transportation;

6)           All platting requirements of Chapter 10 of this Ordinance are met; and

7)           The large lots shall meet the minimum size and other requirements of Section 2-310 of the Zoning Ordinance. A notation shall be placed on the plat and deed for any lot, which may not be further divided in accordance with the provisions of Section 2-310 of the Zoning Ordinance. No parcel created pursuant to this section shall be divided in accordance with the sliding scale and its proportionate share methodology set forth in Section 2-308 of the Zoning Ordinance, except as outlined in Section 2-310. (Amended by Board of Supervisors October 14, 2004.) 

D)          The division or allocation of land as easements for the extension and maintenance of public sewer, water, storm drainage, or other public facilities/utilities or public improvements provided approval as required by Section 15.1-456 15.2-2232 of the Code of Virginia and/or other necessary State, Federal or local approvals have been granted and all requirements of this Ordinance and other County Ordinances have been met. 

E)           The division or allocation of an individual parcel of land by Fauquier County, the Fauquier County School Board, the Fauquier County Water and Sanitation Authority, or the Vint Hill Economic Development Authority as owner or contract purchaser where the division is for the acquisition or sale of property by one of the aforementioned political subdivisions for a governmental purpose, provided that all requirements of this Ordinance and other County Ordinances have been met. 

F)           The division or allocation of property located within a planned industrial or commercial development or other Planned District Zone for the purpose of office, commercial or industrial development, provided that the proposed division is in compliance with the Comprehensive Plan, the Concept Development Plan and any applicable rezoning proffer, and further provided that all platting requirements of Chapter 10 have been met, all required bonds are posted, and all requirements of this Ordinance and other County Ordinances have been met. 

G)          Division of property in all other Industrial and Commercial zones provided that a Plan of Development has been approved in accordance with the provisions below Section __of the Zoning Ordinance, the division is in compliance with the Plan of Development, the Comprehensive Plan and any applicable rezoning proffers, and further provided that all platting requirements of Chapter 10 have been met, all required bonds are posted, and all requirements of this Ordinance and other County Ordinances have been met. 

The Plan of Development is designed to produce agreement and consensus on the conceptual design, size, access, layout, extent, and location and degree of improvements necessary or proposed in conjunction with a proposed development.  The subdivider shall meet with the agent, the necessary referral agencies as identified by the agent, and the Planning Commissioner from the magisterial district of the proposed division to review the subdividerís proposed Plan of Development.  After this meeting, the agreed upon Plan of Development shall be submitted for the Planning Commissionís review a minimum of 21 days prior to the Commissionís meeting.  The Plan of Development shall be placed on the Commissonís consent agenda, and shall be considered approved unless removed from this agenda and denied.  If a Plan of Development is denied, the subdivider must file a preliminary plat pursuant to Chapter 9 of this Ordinance.

 

SECTION 3 - ADMINISTRATION

 

3-2        Administrative Subdivisions

 

A)                The agent may approve subdivisions of up to two (2) three (3) lots, including the residue, and except in RA, RC, RR-2, GA, MDP, PRD, R-1, R-2, R-3, R-4, TH, and V Zoning Districts which are limited to two (2) lots, including the residue, provided that for any of the resulting divisions:

1)                  No bonding is required.

2)                  The lots are cumulative for each parcel of record as of May 9, 1968.

3)                  All necessary requirements of this Ordinance and other County Ordinances are met.

4)                  The lot drainfield certification plat is approved by the Fauquier County Health Department, or other entity providing public sewer and water services.

5)                  The highway entrance is approved by the Virginia Department of Transportation.

6)                  The right-of-way for Type III private streets providing access and frontage to administrative subdivision lots shall not exceed 1,000 feet in length, exclusive of the turnaround. The Agent may modify this limitation to allow a right-of-way length of up to 5,000 feet upon the submission of a formal modification application containing sufficient justification to allow the Agent to find that the proposed modification is warranted based upon a determination by the Agent that: 1) that properties through which the right-of-way will pass will not be unreasonably affected; 2) that no alternative for providing access is realistically feasible, and 3) that without the modification the 1,000 foot limitation places an unreasonable restriction on the use of the property. (Amended by the Board of Supervisors on September 19, 1996.)

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

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

 

B)                Subdivision plats qualifying under 3-2(A) of this Ordinance shall be submitted to the Department of Community Development.  Upon determination that all submission requirements have been met the application may be processed for review, the Department of Community Development shall notify all adjacent property owners, members of the Planning Commission and members of the Board of Supervisors.  Any comments shall be directed to the agent in writing within 15 days of the date notification was sent. 

If the agent determines the submission requirements have not been met, notice will be sent with a list of deficiencies to the application shall be returned to the applicant with a list of deficiencies within 5 7 working days.  The agent shall have 5 7 working days to review and notify the applicant of any deficiencies with respect to applicable County OrdinancesSuch deficiencies shall be corrected within the 15-day or a resubmission will be required.

Adjacent shall be defined as contiguous or across the road, not classified as an interstate or major arterial.

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