HomeMy WebLinkAboutSUB201300088 Checklist 2013-06-25 Family Subdivision Plat
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Section 14 -208
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 -210, 14 -211, 14 -212, 14 -226, 14 -229, 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- 308.1, 14 -309, 14 -310, 14 -312 and 14 -314.
D. On -site improvements and design: Sections 14 -400, 14 -401, 14 -402, 14 -403; if a private street will be constructed 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 -440.
SEE BELOW FOR SPECIFICS
Plat Requirements per Subdivision Ordinance Sections 14- 208(c): A Family Subdivision plat shall contain
the following information:
Subdivision Ordinance Section 14 -302A
. 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,
` the Town of Scottsville, except if the subdivision is an extension of an existing subdivision.
i 3. Existing or platted streets. The location, width and names of all existing or platted streets and all other rights -of-
way.
.0r 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 record.
x ai' 5. Public easements. The location and dimensions of all existing and proposed public easements outside of a street
right -of -way. Existing easements shall be labeled with the deed book and page number and the name of the public
o wner of record. Proposed easements shall be labeled as "dedicated to public use."
Z�6 Alleys and shared driveways. The location and dimensions of all easements for alleys and shared driveways.
ra 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 location of departing lot lines of
abutting lots.
ad 9. Building sites on proposed lots. The location, area and dimensions of a building site on each proposed lot
complying with the requirements of section 4.2 of the zoning ordinance. 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
��omplies with section 4.2.1 of the Albemarle County Zoning Ordinance."
Q 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 10.3.1 of the zoning ordinance, if applicable. The
plat shall also contain the following note: "Parcel [letter or number] is assigned [number] development 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
mot consist of more than [number] acres."
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.
52 Proposed facilities. The location of proposed water and sewer lines and related improvements; proposed drainage
and stormwater management facilities and related improvements.
Land to be dedicated in fee or reserved. The location, acreage, and current owner of all land intended to be
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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.
5. 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.
Subdivision Ordinance Section 14 -302B
' 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.
�l 2. Name of plat preparer. The name of the person who prepared the plat.
Places of burial. The location of any grave, object or structure marking a place of burial located on the property.
1,0r 5. Zoning classification. The zoning classification of the property, including all applicable zoning overlay districts,
proffers, special use permits and variances.
6. Tax map and parcel number. The county tax map and parcel number of the property.
.0�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.
t1 ' 8. Yards. The location of all yards required by this chapter and the zoning ordinance, which may be shown
aphically or described in a note on the plat.
9. Flood plain. The location of any part of the property within the flood hazard overlay district, as set forth in section
30.3 of the zoning ordinance.
210. Stream buffers. The location of stream buffers required by section 17 -317 of 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."
Subdivision Ordinance Section 14 -303
La Statement of consent to division. A statement that: "The division of the land described herein is with the free
consent and in accordance with the desire of the undersigned owners, proprietors and trustees. Any reference to future
potential development is to be deemed as theoretical only. All statements affixed to this plat are true and correct to the
best of my knowledge."
-Er Section name or number. The name or number of the section if the property is a part of a larger piece of land.
, -O T 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 dimensions shall conform to
he 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 easements and shared
driveways shall conform to the requirements set forth in 18 VAC 10- 10- 370(C), a copy of which shall be on file in
the department of engineering and public works. 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 driveways 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.
-O - F. Identification of sections, blocks and lots. Sections (phases) shall be identified by numbers; blocks shall be
jdentified 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.
2' I. Bearing and distance ties. A definite bearing and distance tie between not less than two (2) permanent monuments
on the exterior boundary of the property and further tie to existing street intersection where possible and reasonably
L onvenient.
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, include a note
stating the deed book and page number.
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❑ M. Street names. The name of each proposed street, which names shall be subject to approval by the agent.
Cd 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
lbemarle."
O. Signature panels. Signature panels for each owner and for the agent or his designee. The signature panel for the
owner shall be located immediately below the statement required by paragraph (A).
L ow Notary panels. Notary panels for the notary to acknowledge the signature of the owner.
a 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 following statement: "Under
f rrent county policy, public water and/or sewer service will not be available to this property."
Cr" 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 op a copy of the final plat, rather than on the original final plat.
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The following sections are also required per Subdivision Ordinance Sections 14- 208(c)
4 -304 Request for critical slopes waiver.
If a critical slopes waiver is requested and has not been previously approved, the subdivider shall submit with each
preliminary plat or, if none, with each final plat, a written request and justification under section 4.2.5 of the zoning
ordinance for a waiver authorizing the disturbance of critical slopes.
14- 305(B) Stormwater management information.
The subdivider shall submit with each preliminary plat or, if none, with each the final plat: B. If applicable, a mitigation
plan as provided in section 17 -322 of the water protection ordinance.
4 -308.1 Groundwater assessment information.
Groundwater assessments required by section 17 -402 shall be initiated by the program authority upon the submittal of the
preliminary plat. The draft groundwater management plans and acquifer testing workplans required by sections 17 -403
and 17 -404, as applicable, shall be submitted in conjunction with the submittal of the preliminary plat. The requirements
of sections 17 -402, 17 -403 and 17 -404 shall be satisfied prior to final plat approval.
14 -309 Soil evaluations. ,Uz,i n agent
The subdivider shall submit to the with each final plat the results of percolation tests or other methods of soil
evaluation used to determine the suitability of the soil for septic systems with conventional drain fields, if septic systems
are proposed to be used in the development of the subdivision, and the results are requested by the agent. These results
shall be forwarded by the agent to the health director.
14 -310 Health director approval of individual private wells and /or septic systems. pke.:416M,
If required as a condition of final plat approval, a final plat shall not be approved if individual pri e wells are proposed of /JD4
for the subdivision until written approval has been received from the health director by the agent. A final plat shall not be
approved if septic systems are proposed for the subdivision until written approval has been received from the health
director by the agent as follows:
A. The health director shall determine the suitability of the soil of each lot of the subdivision for which septic systems
with a conventional drain field will be constructed, and shall submit his opinion to the agent.
B. The health director may require as a condition of his approval of the installation of septic systems and, whenever
necessary for the satisfactory installation of the septic systems, that individual lots be graded and drained so as to assure
the effective removal of surface water from each lot.
-312 Location of existing buildings.
The subdivider shall submit with the final plat a survey showing the location of all existing buildings on the land to be
subdivided within fifty (50) feet of a proposed lot line or a proposed street.
14 -314 Identification of all interests of the county in property.
The subdivider shall submit, prior to or with the final plat, a plan which shows all rights -of -way, easements or other
interests of the county or any authority within the subdivision that would be terminated and extinguished by recordation
of the final plat, as provided in section 14 -433.
The following sections are also required per Subdivision Ordinance Sections 14- 208(d)
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-316 Approval of entrance onto public streets. — ,t,(G) i fl� �ldc�^j C3y' Qd u) \/ DOT
The subdivider shall submit, prior to or with the final plat, evidence satisfactory to the agent that the entrance of the
principal means of access for each lot onto any existing or proposed public street complies with Virginia Department of
Transportation standards.
406 Remnants.
Remnants shall not be created by the subdivision of land. All pre- existing remnants shall be eliminated when the land is
subdivided.
/14 -410 Standards for all streets and alleys.
F. Principal means of access to subdivision. The principal means of access to a subdivision shall be either a public street
or a private street. The principal means of access shall conform, in the case of a public street, to Virginia Department of
Transportation standards, or, in the case of a private street, to the standards of the county as set forth in section 14 -412,
throughout the street's length, including any distance between the boundary of the subdivision and any existing public
street. If discharge water of a twenty -five (25) year storm could be reasonably anticipated to inundate, block, destroy or
otherwise obstruct a principal means of access to a residential subdivision, the following shall also apply:
1. The principal means of access shall be designed and constructed so as to provide unobstructed access at the
time of flooding; and/or
2. An alternative means of access which is not subject to inundation, blockage, destruction or obstruction, and
which is accessible from each lot within the subdivision shall be constructed.
L ....44412 A 4 Streets serving family or two -lot subdivisions.
Each private street authorized to serve a family subdivision under section 14- 232(B)(1) or a two -lot subdivision under
section 14- 232(B)(2) shall satisfy the following: (i) easement or right -of -way widths shall be ten (10) feet minimum; and
(ii) the surveyor shall include the following wording on the plat: "The existing and /or proposed right -of -way is of
adequate width and horizontal and vertical alignment to accommodate a travelway passable by ordinary passenger
vehicles in all but temporary extreme weather conditions, together with area adequate for maintenance of the travelway,
as required by section 14 -412 of the Albemarle County Code."
Sec. 14 -212 Family subdivisions; conditions of approval.
Each approval of a plat for a family subdivision shall be subject to the following conditions:
L 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 - 210.
,0 . 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 cograntee 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.
1,0 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.
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NIS
ZrD. 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."
Additional Requirements (approvals to be provided by applicant
11_446.1_1-111.44 L LCt LO 401.l.
) Road name approval - County Code Section 7 -208 Site plan, subdivision and building permit requirements.
No final subdivision plat or final site plan which shows a road required to be named shall be approved unless the
subdivision plat or site plan displays on its face the name or names of such street or road, approved by the agent. No
building permit shall be issued for any structure within the area shown on such subdivision plat or site plan until road
signs have been installed by the subdivider or developer.
Verification of Family Division must be submitted with the final plat. Copy of affidavit, deed, or letter from
attorney stating: the grantee, grantor and their relationship; and certifying that this is a Family Division in accordance
with Section 14 -208 and related provisions of the Albemarle County Code.
Water Protection Ordinance
1.- 0 buffer(s). Any stream buffers required under Section 17 -317 of the Albemarle County Code shall be shown
on the plat along with the following note: "The stream buffer(s) shown hereon shall be managed in accordance with
the Water Protection Ordinance of Albemarle County."
,-- management plan Level A or Level B. [Sec. 17 -403]
Read and Sign
In representing the above referenced firm submitting this plat for final approval, I hereby state that, to the best of my
knowledge, the attached plat contains all information required by this checklist.
Signature of Agent Date
Print Name Daytime phone number of Signatory
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Ss to
oy ALo lr
,
COUNTY OF ALBEMARLE
Department of Community Development
401 McIntire Road, Room 227
Charlottesville, Virginia 22902 -4596
Phone (434) 296 -5832 Fax (434) 972 -4126
AFFIDAVIT
Verifying Family Relationship of Grantor to Grantee
I, , (property owner /Grantor) hereby certify that the subdivision of Tax Map 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) Relationship to grantor Parcel/Lot
Property Owner /Grantor Date
COMMONWEALTH OF VIRGINIA
CITY /COUNTY OF •
The foregoing instrument was acknowledged before me this day of , 2005 by Grantor.
My Commission Expires:
Notary Public
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•
Noe
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 -108.
B. Administration and procedure: Sections 14 -200 through 14 -204, 14 -208, 14 -210, 14 -211, 14 -212, 14 -226, 14 -229, 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- 308.1, 14 -309, 14 -310, 14 -312 and 14 -314.
D. On -site improvements and design: Sections 14 -400, 14 -401, 14 -402, 14 -403; if a private street will be constructed 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 -440.
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. The family subdivision is not sought for the purpose of circumventing the requirements of this chapter applicable to subdivisions. In
determining whether a family subdivision is sought for the purpose of circumventing the requirements of this chapter, the agent shall consider the
following factors, among others:
1. Whether the subdivision promotes the cohesiveness of the family;
2. Whether the subdivision is profit motivated for short-term investment purposes;
3. The length of time the subdivider has owned the property; and
4. Whether, after the family subdivision is approved, a lot created by the family subdivision is conveyed back to the grantor or to a third
ply
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 -210.
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 cograntee 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 tern 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."
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