Divisions of Land

Dividing or “subdividing” land in Fauquier County can be done through several different processes set forth in the Fauquier County Subdivision Ordinance and summarized in the table below.

Before you can divide property, a Subdivision Potential letter is required to be secured from Zoning for all Rural Agriculture (RA) or Rural Conservation (RC) zoned property or when dividing other residentially-zoned property using the Administrative Subdivision process. Based on Zoning Staff review of the history of the property, this letter will establish the maximum number of lots, if any, that could be divided from the property and which division processes are available for the division of the parcel. It is important to note that the maximum density noted in the Subdivision Potential letter is a theoretical maximum and that density may not actually be achievable on any given lot because of limitations such as drain-field sites, road frontage, floodplain or open space requirements.

Residential Subdivisions

The following is a list of processes by which residential or agricultural property in Fauquier County may be subdivided to create new lots.

Family Subdivision

A Family Subdivision can be utilized for any Rural Agriculture or Rural Conservation-zoned property that has a division available per the Subdivision Potential Letter, IF the lot being created will be gifted or sold to an immediate member of the property owner’s family who is at least 18 years of age (child, grandchild, parent or grandparent). The lot must be held by the family member for a period of 10 years, with this restriction recorded in the land records. Family Subdivisions are approved administratively, by the Subdivision Agent.

Administrative Subdivision

If the Subdivision Potential Letter indicates that an Administrative Subdivision is possible, then a parcel may be divided into two parcels using the Administrative Subdivision process. Administrative divisions are approved administratively, by the Subdivision Agent.

Large Lot Subdivision

Rural lots (RA and RC zoning) of 100 acres or more may be eligible for the Large Lot Division process, as determined by the Subdivision Potential Letter. Lots created under this process must be at least 50 or 100 acres in size, depending on the history of the parcel. Large Lot Divisions are approved administratively by the Subdivision Agent, provided that all requirements listed have been met.

 

 

 

 

 

 

 

 

Preliminary Plat


 

 

 

Construction Plan



           

 

Final Plat

The Preliminary Plat/Construction Plan/Final Plat process is a three-stage subdivision process. We strongly encourage each applicant to meet with staff (Pre-Application meeting) to discuss the project prior to preparing initial plans. At this pre-application meeting, staff will walk you through the application packet to provide guidance on submission requirements, procedures, and deadlines.

Preliminary Plat: The Preliminary Plat begins to define individual development lots and the infrastructure required to serve those lots (i.e., location of water lines, roads, and sewer lines, etc.) Preliminary Plat approval is the first step for all subdivisions of over fifty lots, and is voluntary for subdivisions of fifty lots or less. Preliminary Plats are approved legislatively, by both the Planning Commission and Board of Supervisors.

Construction Plan: The Construction Plan is an engineered document that includes detailed grading and erosion and sediment control plans, stormwater management plans and calculations, detailed roadway construction plans, and utility plans, to ensure that the development meets all required County ordinances and State regulations. Construction Plans are approved administratively by the Subdivision Agent.

Final Plat:
The Final Plat is the document utilized to create the individual development lots for houses. The Final Plat specifies exact lot and easement locations. Along with plat review, staff works with the County Attorney’s Office on the review of subdivision documents. Final Plats are approved administratively by the Subdivision Agent. Once approved, the plat must be recorded in the land records to actually create the lots.

Non-Residential Subdivisions

The following is a list of processes by which non-residential lots may be created in Fauquier County.

Non-Residential Division

For commercially and industrially zoned properties, division occurs through the Non-residential Subdivision process, which follows the Administrative Subdivision process and is approved by the Subdivision Agent. Non-residential divisions must be preceded by a Concept Development Plan or a Plan of Development approved by the Planning Commission.

Utility Lots

For the subdivision or allocation of land for the extension and maintenance of public sewer, storm drainage, or other public facilities, utilities, or public improvements, a Utility Lot application is required.Utility Lot subdivisions are approved administratively by the Agent of Subdivision, provided approval is granted per Section 15.2-2232 of the Code of Virginia and/or other necessary State, Federal or local approvals have been granted.

Infrastructure Plan

An Infrastructure Plan is required for the development and subdivision of commercially-zoned and industrially-zoned property, or for the development of public infrastructure. Infrastructure Plan applications follow the same review and approval process as Construction Plans.

 

Easements, Dedications, Vacations and Adjustments

To dedicate easements or right-of-ways, to vacate easements or lot lines, or to adjust existing property lines without creating new lots, a complete application and plat must be submitted to the County for review and approval. The following are a list of plat applications accepted by the County:

Easement Plats

To dedicate easements, such as ingress-egress, utility, drainage, or other easements, an easement plat application must be submitted to the County for review and approval. Following approval of the plat by the Subdivision Agent, the plat and any associated Deed may be recorded. Easement Plat submissions must meet the submission requirements found in Section 10-5 of the Subdivision Ordinance.

Plats of Vacation/Lot Consolidation/Plat of Correction

Plats and deeds of vacation, rededication, or lot consolidation must be submitted with a complete application to the County for review and approval. Following approval of the plat by the Subdivision Agent, the plat and/or deed must be recorded. Plat submissions must meet the submission requirements found in Section 10-5 of the Subdivision Ordinance.

Boundary Line Adjustments

The Fauquier County Subdivision Ordinance also allows property boundary lines to be adjusted by vacating, relocating, or altering part of a valid and recorded subdivision plat. Boundary line adjustments must conform to the lot size and frontage requirement of the zoning district. This application cannot create an additional lot. More information can be found in Section 3-2(C) of the Subdivision Ordinance. Boundary Line Adjustments are approved administratively by the Subdivision Agent.

 

 

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