HomeMy WebLinkAboutSUB202000168 Application 2020-09-25 c,_ r� 'r� - Community DevelopmentDepartma t
rs �i!s� Albemarle o ui ,( 401i ,tire Road Cheri ottesville,lr'A22902-4598
:�,•Y") vJuue (434)296-5832 Fax (434)972-4126
,, Planning Application
PARCEL/ OWNER INFORMATION
TMP 08900-00-00-08100 Owner(s): SHIFFLETT, SANDRA T OR FREDERICK L
Application# SUB202000168
PROPERTY INFORMATION
Legal Description I ACREAGE ri 1
,
Magisterial Dist. Samuel Miller E Land Use Primary Residential -- Single-family (incl. modular homes
Current AFD !Not in A/F District j�J Current Zoning Primary Rural Areas Y T.]
APPLICATION INFORMATION
Street Address 2160 PROMISED LAND LN CHARLOTTESVILLE,22903 Entered By
r'.pplicationType Subdivision Plat lei 'Jennifer SmithNi
/17/2020._._ _
Project SANDRA T. SHIFFLETT- FAMILY DIVISION
Received Date 09/15/20' Received Date Final Submittal Date 09/21/20 Total Fees 1097
Closing File Date Submittal Date Final Total Paid 1097
Revision Number
Comments ,•
. j
Legal Ad ,
SUB APPLICATION(s)
Type Sub Applicatio Comment
Family Division 09/21/20
APPLICANT / CONTACT INFORMATION
ContactType . Name Address CityState Zip Phone PhoneCell
Ur,rs_rbARPw=2at . .SHIFFLETT,SANDRA T OR FREDERICK L •2160'PROMISED LAND Lf1 .CHARLOTTESSHLL .22903 •4342959649 •
ri::i:ry C:,-.ie=t 'G'A'EN L,;C,`-ROGER W. RF-.'d&ASSOC,. '663 BERKi•I.�.R COURT •CHARLOTTESVILL $22901 4342933195
Signature of Contractor or Authorized Agent Date
Paget COUNTY OF ALBEMARLE
APPLICATION FOR FAMILY DIVISION
Grantee Information:
Grantor(owner of existing parcel being divided): Sandra T. Shifflett and Frederick L. Shifflett
New Parcel Description Grantee(person receiving new parcel) Relationship to Grantor
Lot B, 8.00 acres Thomas Ryan Kaufman Grandson
Owner/Applicant Must Read and Sign
The plat application process includes providing the Planning Commission with all the information required in
Chapter 14 Subdivision of Land of the Albemarle County Code.
The foregoing information is complete and correct to the best of my knowledge. I have read and understand the
provisions of Chapter 14 Subdivision of Land of the Albemarle County Code. By signing this application I am
consenting to written comments, letters and or notifications regarding this application being provided to me or
my designated contact via fax and or email unless otherwise noted in writing by the applicant.This consent does
not preclude such written communication from also being sent via first class mail
9 / I
Signature of Owner,Contract Purchaser,Agent Date
Sandra T. Shifflett 434-295-9649
Print Name Daytime phone number of Signatory
FOR OFFICE USEONLY SUB# dit /����,��jl// r Fee Amount$ LIU �J — Date Paid v'�'I Jo
By who f Air • se _ LI Receipt# 1ai9 3� Ck# d BY: JS
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FAMILY SUBDIVISION PLAT CHECKLIST
Sec. 14-208 Family subdivisions.
The following sections of this chapter shall apply to each family subdivision, when applicable:
A. General: Sections 14-100 through 14-108.
B. Administration and procedure: Sections 14-200 through 14-204, 14-208, 14-209, 14-211, 14-212, 14-231,
14-231.1, 14-232(B) and 14-236.
C. Plat requirements and documents to be submitted: Sections 14-300, 14-301, 14-302(A)(1), (3), (4), (5), (6),
(7), (9), (10), (11), (13), (14) and (15), 14-302(B)(1), (2), (4), (5), (6), (7), (8), (9) and (10), 14-303(A), (B),
(C), (D), (E), (F), (H), (I), (L), (M), (N), (0), (P), (Q) and (S), 14-304, 14-305(B), 14-307, 14-307.1, 14-
308.1, 14-309, 14-310, 14-312, 14-314 and 14-318.
D. On -site improvements and design: Sections 14-400, 14-401, 14-402, 14-403; if a private street will be con-
structed or approved as authorized by section 14-232(B)(1), then also sections 14-316, 14-406, 14-410(F)
and 14-412(A)(4); if any part of the property within a proposed family subdivision is within the jurisdiction-
al area of the service authority, then also section 14-414, but if not, each lot, including a lot not required to
connect to public sewer service pursuant to section 14-414, which is less than five (5) acres, shall comply
with the requirements of section s 14-416, 14-421 and 14-426 through 14-441.
Sec.14-300 Persons authorized to prepare plat.
Each plat shall be prepared by a professional engineer or a land surveyor, to the limits of his license.
Sec. 14-301 Form and style of plats.
Each subdivision plat shall comply with the following:
A. Standards. Except as otherwise provided in subsection (E), each plat shall meet the standards for plats set
forth in 17 VAC 15-60-10 et seq.; provided that each final plat to be submitted for recordation
in the office of the clerk of the Albemarle County circuit court shall meet the standards for plats
set forth in 17 VAC 15-60-10 et seq.
B. Scale. The plat shall be drawn to a scale of one (1) inch equals fifty (50) feet or to such scale as may be ap-
proved by the agent in a particular case.
C. Size. The plat shall be prepared on one (1) or more sheets, provided that no sheet shall exceed twenty-four
(24) inches by thirty-six (36) inches in size, and further provided that if the plat is prepared on more than one
(1) sheet, match lines shall clearly indicate where the several sheets join.
D. Approximate North. The top of each sheet shall be approximately north.
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FAMILY SUBDIVISION PLAT CHECKLIST
Sec. 14-302 (A) Contents of preliminary plat.
A preliminary plat shall contain the following information:
A. A preliminary plat shall contain the following information, which must be included in order for a prelimi-
nary plat to be deemed complete under section 14-218:
® 1. Name of subdivision. The title under which the subdivision is proposed to be recorded. The title
shall not duplicate or be a homonym of an existing or reserved subdivision name within the county, the City
of Charlottesville, or the Town of Scottsville, except if the subdivision is an extension of an existing subdi-
vision.
® 3. Existing or platted streets. The location, width and names of all existing or platted streets and all
other rights -of -way.
Z 4. Private easements. The location and dimensions of all existing and proposed private easements.
Existing easements shall be labeled with the deed book and page number and the name of the owner of rec-
ord.
Z 6. Alleys and shared driveways. The location and dimensions of all easements for alleys and shared
driveways.
® 7. Existing and departing lot lines. If the property consists of more than one existing lot, then the
identification of the existing lots and their outlines, which shall be indicated by dashed lines; and, the loca-
tion of departing lot lines of abutting lots.
® 9. Building sites on proposed lots. The location, area and dimensions of a building site on each pro-
posed lot complying with the requirements of section 18-4.2. The plat shall also contain the following note:
"Parcel [letter or number] and the residue of Tax Map/Parcel [numbers] each contain a building site that
complies with section 4.2.1 of the Albemarle County Zoning Ordinance."
® 10. Right of further division of proposed lots. The number of lots, as assigned by the subdivider,
into which each proposed lot may be further divided by right pursuant to section IS- 10.3.1, if applicable.
The plat shall also contain the following note: "Parcel [letter or number] is assigned [number] develop-
ment rights and may/may not be further divided and when further divided these rights shall not comprise
more than [number] acres. The residue of Tax Map/Parcel [numbers] is retaining [number] development
rights and when further divided it shall not consist of more than [number] acres." Development rights need
not be assigned to a special lot.
la 11. Instrument creating property proposed for subdivision. The deed book and page number of the
instrument whereby the property was created, as recorded in the office of the clerk of the circuit court of the
county.
0 13. Proposed facilities. The location of proposed water and sewer lines and related improvements;
proposed drainage and stormwater management facilities and related improvements.
® 14. Land to be dedicated in fee or reserved. The location, acreage, and current owner of all land in-
tended to be dedicated in fee or reserved for public use, or to be reserved in a deed for the common use of lot
owners in the subdivision.
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FAMILY SUBDIVISION PLAT CHECKLIST
m 15. Identification of all owners and certain interest holders. The names and addresses of each owner
of record and holders of any easements affecting the property.
Sec. 14-302 (B) Contents of preliminary plat.
B. A preliminary plat shall also contain the following information, provided that the preliminary plat shall not
be deemed incomplete for purposes of section 14-218 if it does not include this information in the initial plat
submittal:
1. General information. The date of drawing, including the date of the last revision, the number of
sheets, the north point, and the scale. If true north is used, the method of determination shall be shown.
® 2. Name of plat preparer. The name of the person who prepared the plat.
® 4. Places of burial. The location of any grave, object or structure marking a place of burial located
on the property.
10 5. Zoning classification. The zoning classification of the property, including all applicable zoning
overlay districts, proffers, special use permits and variances.
0 6. Tax map and parcel number. The county tax map and parcel number of the property.
® 7. Reservoir watershed; agricultural -forestal district. A notation as to whether the land is within an
Albemarle County and/or City of Charlottesville water supply watershed or an agricultural -forestal district.
9 8. Yards. The location of all yards required by this chapter and the zoning ordinance, which may be
shown graphically or described in a note on the plat.
la 9. Flood plain. The location of any part of the property within the flood hazard overlay district, as set
forth in section 18-30.3.
® 10. Stream buffers. The location of stream buffers required by the water protection ordinance, with
the following note: "The stream buffer(s) shown hereon shall be managed in accordance with the Albemarle
County Water Protection Ordinance."
Sec. 14-303 Contents of final plat.
In addition to containing all of the information required by section 14 -302, except for the information required
by section 14-302(A)(12), a final plat shall contain the following information:
® A. Statement of consent to division. A statement that: "The platting or dedication of the following
described land [insert a correct description of the land subdivided] is with the free consent and in accordance
with the desire of the undersigned owners, proprietors and trustees, if any."
® B. Section name or number. The name or number of the section if the property is a part of a larger
piece of land.
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FAMILY SUBDIVISION PLAT CHECKLIST
® C. Boundary lines. The exterior boundary lines of the property with bearings in degrees, minutes
and seconds. Curvilinear data shall include radius, central angle, arc length, and tangent distance. All dimen-
sions shall conform to the standards set forth in this chapter.
® D. Acreage of lots. The total acreage of each existing lot and each proposed lot.
® E. Dimension standards and information on all lots, streets, alleys, easements, and shared driveways.
All linear, angular, and curvilinear dimensions of lots, streets, alleys, public easements and private ease-
ments and shared driveways shall conform to the requirements set forth in 8 VAC 10-20-370(C), a copy
of which shall be on file in the department of community development. Curvilinear data shall include radius,
central angle, arc length, and tangent distances and may be shown either directly on the corresponding
boundary or surveyed line or in table form. Easements shown for private streets, alleys and shared drive-
ways shall be labeled as "private street easement', "alley easement' or "shared driveway easement." The
easement holder(s) shall be identified on the plat. If shared driveways are shown, a note shall be added to the
plat stating that maintenance shall be by the owners of the lots affected by the shared driveway easement,
not by the Virginia Department of Transportation or the county.
® F. Identif►cation of sections, blocks and lots. Sections (phases) shall be identified by numbers; blocks
shall be identified by letters; lots shall be identified by numbers, assigned in numerical order.
® H. Monuments. The location and material of all permanent reference monuments. Monuments
found or installed prior to plat recordation may be referred to if they are permanent and undisturbed. If any
monument required by this chapter will be installed after recordation of the final plat, the certification of the
professional engineer or land surveyor shall so note.
W I. Bearing and distance ties. A definite bearing and distance tie between not less than two (2) per-
manent monuments on the exterior boundary of the property and further tie to existing street intersection
where possible and reasonably convenient.
® L. Public utility, drainage and sight distance easements. The location and dimensions of each public
utility, drainage and sight distance easement outside of a street right-of-way; for each existing easement, in-
clude a note stating the deed book and page number.
M. Street names. The name of each proposed street, which names shall be subject to approval by
the agent.
0 N. Statement pertaining to private streets. If the subdivision will contain one or more private
streets, the following statement: "The streets in this subdivision may not meet the standards for acceptance
into the secondary system of state highways and will not be maintained by the Virginia Department of
Transportation or the County of Albemarle."
® O. Signature panels. Signature panels for each owner and for the agent or his designee. The signa-
ture panel for the owner shall be located immediately below the statement required by paragraph (A).
® P. Notary panels. Notary panels for the notary to acknowledge the signature of the owner.
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FAMILY SUBDIVISION PLAT CHECKLIST
Z Q. Water supply. A statement as to whether the subdivision will be served by a public water supply
and a public sewer system. If the property is not within the service authority jurisdictional area, the follow-
ing statement: "Under current county policy, public water and/or sewer service will not be available to
this property "
C� S. Control points. At least four (4) control points, evenly distributed across the property and located
at survey property corners, and shown on each sheet depicting the property. At the option of the
subdivider, the control points may be shown on a copy of the final plat, rather than on the original final
plat.
Documents and or information to be submitted with Plat ,as applicable
❑ Request to disturb critical slopes.[Sec. 14-304]
❑ Stormwater management information. [Sec. 14-30513]
❑ Stream crossings. [Sec. 14-307]
❑ Dam break inundation zones. [Sec. 14-307.1]
❑ Groundwater assessment information. [Sec. 14-308.1]
❑ Soils evaluations if any lot is less than 5 acres [Sec. 14-309]
❑ Health Director Approval. [Sec. 14-310]
❑ Location of existing buildings. [Sec. 14-312]
❑ Identification of all interests of the County in property. [Sec. 14-314]
❑ Approval of entrance onto public streets. [Sec. 14-316] SEE BELOW
❑ Dam break inundation zones; engineering study and mapping information. Sec. 14-318]
SEE CODE For Sections 14-400,14-401,14-402,14-403;
If a private street will be constructed or approved as authorized by section 14-232(B)(1), then
also sections 14-316, 14-406, 14-410(F) and 14-412(A)(4);
If any part of the property within a proposed family subdivision is within the jurisdictional ar-
ea of the service authority, then also section 14-414, but if not, each lot, including a lot not re-
quired to connect to public sewer service pursuant to section 14-414, which is less than five (5)
acres, shall comply with the requirements of section s 14-416,14-421 and 14-426 through 14-
441.
Read and Sign
In representing the above referenced firm submitting this plat for preliminary approval, I hereby state that, to
the best of my knowlec , the attached plat contains all information required by this checklist.
l
guature of person com ting checklist Date
TJ
Gwen Lacy 434-293-3195
Printed Name
Daytime phone number of Signatory
•
•
FAMILY SUBDIVISION AFFIDAVIT
COUNTY OF ALBEMARLE
AFFIDAVIT
Verifvine Family Relationshio of Grantor to Grantee
I, Sandra T.Shifflett & Frederick L.Shifflet (property owner/Grantor) hereby certify that the subdivision of Tax Map
89 Parcel 81 is a family subdivision in accordance with Sections 14-208, 14-211, and 14-212 of the Albemarle
County Subdivision Ordinance, and that the table below outlines the relationship of each Grantee to the Grantor. I
acknowledge that 1 have read and understand Sections 14-208, 14-211, and 14-212 of the Albemarle County Subdivision
Ordinance which is attached to this affidavit.
Grantee(s)
Relationship to grantor
Parcel/Lot
Thomas Ryan Kaufman
Grandson
Lot B, 8.00 Acres
Property Owner/Grantor
COMMONWEALTH OF VIRGINIA
CITY/COUNTY OF Albemarle
Date
The foregoing instrument was acknowledged before me this JL_ day of ��, 20 20 by
Sandra T. Shiffleft Grantor.
My Commission Expires: 09/30/2022
of 19,1 5^11
Sec 14-106 Definitions
Family subdivision. The term "family subdivision" means the single division of
of sale or gift to a member of the immediate family of the owner of the property.
Member of the immediate family. The term "member of the immediate family" means the natural or le-
gally defined off -spring, grandchild, grandparent, or parent of the owner of property.
•111: I WMa
F, FAMILY SUBDIVISION INFORMATION
Sec. 14-211 Family subdivisions; conditions precedent.
A family subdivision shall be approved only if, in addition to satisfying all other applicable requirements of this
chapter, the agent is satisfied that:
A. Only one lot is created for transfer by sale or gift to the same family member.
B. The subdivider has not previously divided any other land within the county by family subdivision for
transfer by sale or gift to the same family member.
C. Each lot proposed to be created complies with all applicable requirements of the zoning ordinance.
D. If the lot proposed to be created will be transferred to a member of the immediate family owning an abutting
lot, the family subdivision lot shall be combined with the abutting lot and shall be so noted on the plat by
appropriate symbol and wording.
Sec. 14-212 Family subdivisions; conditions of approval.
Each approval of a plat for a family subdivision shall be subject to the following conditions:
A. No lot may be created by family subdivision unless it has been owned by the current owner or a member of
his or her immediate family for at least four (4) consecutive years immediately preceding the date the family
subdivision plat is submitted under section 14-209. For the purposes of this section, and subject to approval by the
county attorney:
1. Land owned as part of a trust for estate planning purposes may be considered to be owned by the current
owner or a member of his or her immediate family upon consideration of the following factors:
(i) the title to the real property is in the name of one or more of the trustees;
(ii) if there is more than one trustee, the intended grantee is a qualifying member of each trustee's immediate
family;
(iii) if there is more than one trustee, all of the trustees agree in writing to the family subdivision;
(iv) under the trust instrument, the trustee(s) retain complete control over the trust assets; and
(v) the trust instrument allows the trustee(s) to convey real property.
2. A lot created by family subdivision may be conveyed to the custodian of a qualifying member of the immediate
family under the Virginia Uniform Transfers to Minors Act (Virginia Code § 64.2-1900 et seq.)
B. No lot created by the family subdivision, including the residue, may be transferred, except by devise, descent or
operation of law, to a person other than an eligible member of the immediate family of the subdivider, for a period of
f our (4) years after the date of recordation of the plat, except for purposes of securing any purchase money and/or
construction loan, including bona fide refinancing, or if the lending institution requires in writing that the spouse of the
member of the immediate family be a co -grantee and co-owner of the lot. The subdivider shall place a restrictive
covenant on the lots created by the family subdivision prohibiting the transfer of the lots so created to a person who is
not a member of the immediate family for the retention period after the date of recordation. The restrictive covenant shall
be subject to review and approval by the county attorney before it is recorded. If the lot created is conveyed back to the
grantor during the retention period, it shall be recombined with the parent lot within six (6) months after such
conveyance and no building permits shall be issued for the lots until they are recombined.
C. The entrance of the principal means of access for each lot onto any public street shall comply with Virginia
Department of Transportation standards and be approved by the Virginia Department of Transportation.
D. The following note shall be added to each plat for a family subdivision: "No lot shown on this family subdivision plat
may be sold or conveyed to a person other than an eligible `member of the immediate family,' as that term is defined in
Chapter 14 of the Albemarle County Code, for a period of four (4) years after the date of recordation of this plat except
as authorized by section 14-212(A) of the Albemarle County Code. If any lot created by the recordation of this plat is
conveyed back to the grantor during the four (4) year period, it shall be recombined with the parent lot within
six (6) months after such conveyance."
^I�'��iii` 'IIY�.
C7 �.
Y
Department of Community Development
401 McIntire Road, North Wing
Charlottesville, Virginia 22902-45%
Phone (434) 296-5832 Fax (434) 972-4126
POTENTIAL ROAD NAME NOTICE
Dear Customer,
This is to notify you should you or anyone off the same shared driveway construct a third addressable
structure in the future, a new private road name will be needed and the existing addresses will be changed
to use the new road name. When a third addressable structure is built off a driveway / private road that
already has two addresses, the driveway will need to have a private road name (regardless of whether it is
required to have road improvements). A majority of the property owners whose property is served by the
driveway/road will be sufficient to choose the official road name. Please contact our office to start this
process early.
Elise Kiewra
GIS Specialist
(434) 296-5832 ext. 3030
addressinfo@albemarle.org
Revised: September 18, 2017
COUNTY OF ALBEMARLE
Department of Community Development
401 McIntire Road, North Wing
Charlottesville, Virginia 229024596
Phone (434) 296-5832 Fax (434) 972-4126
AFFIDAVIT
1 II Az-'a
V'�ejrif%viing Family Relationship of Grantor to Grantee
I, S d A &A S h � 4-x-I : Ct , (property owner/Grantor) hereby certify that the subdivision of Tax
Map 9— Parcel �_ is a family subdivision in accordance with Sections 14-208, 14-211, and 14-212 of the
Albemarle County Subdivision Ordinance, and that the table below outlines the relationship of each Grantee to the
Grantor. I acknowledge that I have read and understand Sections 14-208, 14-211, and 14-212 of the Albemarle
County Subdivision Ordinance which is attached to this affidavit.
Grantee(s) I Relationship to grantor I Parcel/Lot
Property Owner/Gran or Date
COMMONWEALTH OF IVIRGINIA
CITY/COUNTY OF _ AlbeehAR.1E
The foregoing instrument was acknowledged before me this _jj_ day of - E 20,jo by
-AJL.4 Grantor.
My Commission Expires: A0 A,2
8 57 Notary Publi
�: GO pry C.L G
REGISTRATION NO.:
187571 -_
:MY COMM. EXPIRES'
09/30/2022
1111%PL10%p0`��
1
File: Original to Subdivision file SUB-
Member of the immediate family. The term "member of the immediate family" means the natural or legally
defined off -spring, grandchild, grandparent, or parent of the owner of property- (Section 14-106)
14-208 Family subdivisions.
The following sections of this chapter shall apply to each family subdivision, when applicable:
A. General: Sections 14-100 through 14-109.
B. Administration and procedure: Sections 14-200 through 14-204, 14-208, 14-209, 14-211, 14-212, 14-231, 14-
231.1, 14-232(3) and 14-236.
C. Plat requirements and documents to be submitted: Sections 14-300, 14-301, 14-302(A)(1), (3), (4), (5), (6), (7),
(9), (10), (11), (13), (14) and (15), 14-302(B)(1), (2), (4), (5), (6), (7), (8), (9) and (10), 14-303(A), (B), (C), (D),
(E), (F), (H), (I), (L), (M), (N), (0), (P), (Q) and (S), 14-304, 14-305(B), 14-307, 14-307.1, 14-308.1, 14-309, 14-
310, 14-312, 14-314 and 14-318.
D. On -site improvements and design: Sections 14-400, 14-401, 14-402, 14-403; if a private street will be
constructed or approved as authorized by section 14-232(B)(1), then also sections 14-316, 14-406, 14-410(F) and
14-412(A)(4); if any part of the property within a proposed family subdivision is within the jurisdictional area of
the service authority, then also section 14-414, but if not, each lot, including a lot not required to connect to public
sewer service pursuant to section 14-414, which is less than five (5) acres, shall comply with the requirements of
sections 14-416, 14-421 and 14-426 through 14-441.
((§ 18-57 (part): 8-28-74; 10-17-79; 12.21-83; 4-13-88; 1-3-96; 9-5-96) (§ 18-58 (part): 8-28-74; 9-5-96) §§ 18-57, 18-58; § 14-208, Ord.
98-A(1), 8-5-98; Ord. 05-14(1), 4-20-05, effective 6-20.05; Ord. 13-14(1), 12-4-13, effective 1-1-14)
State law reference--Va. Code §§ 15.2-2241(9), 15.2-2244(C),
14-211 Family subdivisions; conditions precedent.
A family subdivision shall be approved only if, in addition to satisfying all other applicable requirements of this
chapter, the agent is satisfied that:
A. Only one lot is created for transfer by sale or gift to the same family member.
B. The subdivider has not previously divided any other land within the county by family subdivision for transfer by
sale or gift to the same family member.
C. Each lot proposed to be created complies with all applicable requirements of the zoning ordinance.
D. If the lot proposed to be created will be transferred to a member of the immediate family owning an abutting lot,
the family subdivision lot shall be combined with the abutting lot and shall be so noted on the plat by appropriate
symbol and wording.
(8-28-74; 10-17-79; 12-21-83; 4-13-88; 1-3-96, § 18.57, 9-5-96; § 14-211, Ord. 98-A(1), 8-5-98; Ord, 05-14(1), 4-20-05, effective 6-20-
05) State law reference--Va. Code § 15.2-2244(C).
File: Original to Subdivision file SUB-,
14-212 Family subdivisions; conditions of approval.
Each approval of a plat for a family subdivision shall be subject to the following conditions:
A. No lot may be created by family subdivision unless it has been owned by the current owner or a member of his
or her immediate family for at least four (4) consecutive years immediately preceding the date the family
subdivision plat is submitted under section 14-209. For the purposes of this section, and subject to approval by the
county attorney:
1. Land owned as part of a trust for estate planning purposes may be considered to be owned by the current
owner or a member of his or her immediate family upon consideration of the following factors: (i) the title
to the real property is in the name of one or more of the trustees; (ii) if there is more than one trustee, the
intended grantee is a qualifying member of each trustee's immediate family; (iii) if there is more than one
trustee, all of the trustees agree in writing to the family subdivision; (iv) under the trust instrument, the
trustee(s) retain complete control over the trust assets; and (v) the trust instrument allows the trustee(s) to
convey real property.
2. A lot created by family subdivision may be conveyed to the custodian of a qualifying member of the
immediate family under the Virginia Uniform Transfers to Minors Act ( Virginia Code § 64.2-1900 et seq.)
B. No lot created by the family subdivision, including the residue, may be transferred, except by devise, descent or
operation of law, to a person other than an eligible member of the immediate family of the subdivider, for a period
of four (4) years after the date of recordation of the plat, except for purposes of securing any purchase money
and/or construction loan, including bona fide refinancing, or if the lending institution requires in writing that the
spouse of the member of the immediate family be a co -grantee and co-owner of the lot. The subdivider shall place
a restrictive covenant on the lots created by the family subdivision prohibiting the transfer of the lots so created to
a person who is not a member of the immediate family for the retention period after the date of recordation. The
restrictive covenant shall be subject to review and approval by the county attorney before it is recorded. If the lot
created is conveyed back to the grantor during the retention period, it shall be recombined with the parent lot
within six (6) months after such conveyance and no building permits shall be issued for the lots until they are
recombined.
C. The entrance of the principal means of access for each lot onto any public street shall comply with Virginia
Department of Transportation standards and be approved by the Virginia Department of Transportation.
D. The following note shall be added to each plat for a family subdivision: "No lot shown on this family
subdivision plat may be sold or conveyed to a person other than an eligible `member of the immediate family,' as
that term is defined in Chapter 14 of the Albemarle County Code, for a period of four (4) years after the date of
recordation of this plat except as authorized by section 14-212(A) of the Albemarle County Code. If any lot created
by the recordation of this plat is conveyed back to the grantor during the four (4) year period, it shall be
recombined with the parent lot within six (6) months after such conveyance."
(8-28-74; 10-17-79; 12-21-83; 4-13-88; 1-3-96; § 18-57, 9-5-96; § 14-212, Ord. 98-A(1), 8-5-98; Ord. 05-14(1), 4-20-05, effective 6-20.
05; Ord. 08-14(1), 2-6-08; Ord. 13-14(1), 12-4-13, effective 1-1-14) State law reference-Na. Code § 15.2-2244(C).
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