January 10, 1966 to January 18, 1966136
At the Regular Meeting of the Board of Supervisors of Frederick County,
Virginia, held in the Supervisors Room on the 10th day of January, 1966•
PRESENT: B. 0. Brumback, Chairman; Grover Teets, W. Hurl Himelright,
Paul Luttrell and Donald L. Baughman.
The minutes of the last meeting held on the 13th day of December,
1965 were read and approved.
REPORTS: Upon motion duly made and seconded the reports of Harry L.
McCann, Treasurer; Earl S. Bailey, Commissioner of Revenue; Robert L. DeHaven, Sheriff of
Frederick County, Joseph A. Massie, Jr., Commonwealth Attorney; Roberta A. James, Department
of Welfare, Agnes Shirley, Home Demonstration Agent; John Wolfe, County Agent and H. C.
Crowder, Road Engineer were read and approved.
DOWNTOWN DEVELOPMENT - CONSTRUCTION OF MALL
A delegation of seven residents of Frederick County, appeared before
the board protesting the creation of a Mall on Rouse Avenue, planned by the Downtown
Development Committee.
Upon motion of Paul Luttrell and seconded by W. Hurl Himelright.
The board voted against the leasing of the Rouse Avenue portion of
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the County property to the Downtown Development Committee for the location of a Mall.
The vote was W. Hurl Himelright, Paul L. Luttrell and G. Grover Teets,
against; Donald L. Baughman, for. The Chairman did not vote.
Upon motion duly made and seconded,
Grover Teets, Paul Luttrell and W. Hurl Himelright were appointed to
review the Insurance Policies of the County.
WHITTIER ACRES - SECTION 4 - FINAL PLAT
Upon motion duly made and seconded,
Be it resolved that the final plat of Section 4, Whittier Acres be
pubJect to the approval
accepted for final approval /of City of Winchester, whereupon the Chairman of the Board shall
place his signature upon the plat showing the final approval of the Board whereupon the same
maybe recorded.
D. K. RUSSELL, DOTS - PRELIMINARY STUDY
Upon motion duly made and seconded,
Be it resolved, that the Plat of the D. K. Russell Lots, be and the
same is hereby received for preliminary study and consideration.
JORDAN HEIGHTS SUBDIVI - SECTION TWO - PRELIMINARY STUDY
Upon motion duly made and seconded,
Be it resolved, that the plat of Jordan Heights Subdivision, Section
Two, Lots Nos. 1016 be accepted for final approval, subject to approval by Highway Depart
and other signatures not affixed.
rKrd Bi W 1 UJ6 UUWLT171 0UD111v101V11
On MF
Supervisors by Resolution on
Ordinance including the chant
notice of same and summary o:
Evening Star.
on y ma a seconded and unanimo ssed the Board of
t and finahird l reading approved and adopted the new Subdivisi
des requested by the City of Winchester. And ordered that the
the Ordinance be advertised for two weeks in the Winchester
AN ORDINANCE FOR THE PURPOSE OF ADOPTING ARTICLE VII, CONTAINING SECTIONS 15.1 -465 THROUGH 15.
1-485, TITLE 15.1 OF THE CODE OF VIRGINIA FOR 1950 AND AS AMENDED, PROVIDING CERTAIN LOCAL
REQUIREMENTS FOR SUBDIVISIONS AND APPROVED PENALTIES FOR VIOLATIONS THEREOF.
WHEREAS, many areas of the County of Frederick adjacent to cities, towns,
and otherwise are being considered for purposes of subdivision and resubdivision; and,
WHEREAS, it is to the interest of the citizens of the County of Frederick,
as well as of the citizens of the cities and towns and property.owners adjacent to said pro-
posed subdivisions and existing subdivisions, that certain requirements and regulations be 1
down for the harmonious and economic development of the cities, towns and county, for the
coordination of streets within the subdivision with other existing or planned streets in the
subdivisions or of cities or.towns adjacent thereto, for adequate open spaces for traffic, a
for the health, safety, convenience and prosperity of said citizens;
NOW, THEREFORE, BE IT ENACTED:
ARTICLE I
1. This ordinance is to be known and cited as the SUBDMSION ORDINANCE OF
FREDERICK COUNTY.
ARTICLE II
J
1. For the purpose of this ordinance, certain words and terms used herein
shall be interpreted or defined'as follows: Words used in the present tense include the future,
words in the singular number include the plural, and the plural the singular, unless the
construction of the word indicates otherwise; the word "lot" includes the word "parcel "; the
word "shall" is mandatory and not directory; the word "approve" shall be considered to be
followed by the words "or disapproved "; any reference to this ordinance includes all
amending or supplementing the same; all distances and area refer to measurement in a
plane.
2. SUBDIVIDE: To divide any tract, parcel or lot of land into two or.more
parts, except, however,
(a) The term "to subdivide" shall not include a bona fide division or
tion of agricultural land for agricultural purposes or for the building site for members
the family owning any such agricultural lands; provided, however, the division of land into
lots or parcels of land of three or more acres shall be exempt from the requirements of this
ordinance.
(b) The administrator may, however, permit the separation of one parcel
a tract of land without complying with all requirements of this ordinance if it is (1) not
conflict with the general meaning and purpose of the ordinance, (2) no new streets are requ
to serve the.parcel, (3) at least one acre in area, and (4) not less than one hundred and f
(150) foot frontage.
(c) The word "subdivide" and any derivative.thereof shall have reference to
the term "subdivider" as defined in the definition for that word.
(d) Members of the family as hereinabove referred to shall mean father,
r, sons, daughters or grandchildren of deceased sons and daughters living in the
th grandparents.
3. SUBDIVIDER: An individual, corporation or registered partnership,
any tract, lot or parcel of land to be subdivided, or a group of two or--more persons-owning
tract, lot or parcel of land to be subdivided, who have given their power of attorney to one
of their group or to another individual to act on their behalf in planning, negotiating for,
in representing, or executing the legal requirements of the subdivision.
4. ADMINISTRATOR: The representative of the governing body who has been
to serve as the administrator of the board in approving the subdivision plats.
.:
5. ALLEY: A permanent service may providing a secondary means of access
to abutting properties.
6. BUILDING LINE: The distance which a building is from any street or
roadway boundary line which shall be not less than 25 feet and not more than 75 feet and
be shown on the plat and in the restrictions.
7.
COMMISSION:
The _Planning Commission of Frederick County,
Virginia.
8.
CUL-DE -SAC:
A street with only one outlet and having an
appropriate
turn -around for a safe and convenient reverse traffic movement.
9. DEVELOPER: An owner of property being subdivided, whether or not re-
presented by an agent.
10. EASEMENT: A grant by a proper owner of the use of land for a specific
purpose or purposes.
11. ENGINEER: An engineer licensed in the Commonwealth of Virginia.
11(a). SURVEYOR: A person licensed as such by the Commonwealth of I
12. GOVERNING BODY: The Board of Supervisors of Frederick County,
13. HEALTH OFFICIAL: The health director or sanitarian of Frederick
Virginia.
14. HIGHWAY ENGINEER: The resident engineer employed by the Virginia De-
partment .of- Highways.
15. JURISDICTION: The area or territory subject to the legislative cont
of the governing body.
16. LOT: A numbered and recorded portion of a subdivision intended for
transfer of ownership or for building development.
17. LOT, CORNER: A lot abutting upon two (2) or more streets at their
intersection; the shortest side fronting upon a street shall be considered the front of the
lot, and the longest side fronting upon a street shall be considered the side of the lot.
18. LOT, DEPTH OF: The mean horizontal distance between the front and
lot lines.
19. LOT, DOUBLE FRONTAGE: An interior lot having frontage on two (2)
streets.
20. LOT, INTERIOR: A lot other than a corner lot.
21. LOT OF RECORD: A lot which has been recorded in the office of the
clerk of the appropriate court. 1
22. LOT, WIDTH OF: The mean horizontal distance between the side lot line
23. PLAT: Includes the terms: map, plan, plot, replat, or replot; a map
or plan of a tract or parcel of land which is to be, or which has been subdivided. When used
as a verb "plat" is synonymous with "subdivide."
24. PROPERTY: Any tract, lot, parcel or several of the same collected
together for the purpose of subdividing.
25. STREET: The principal means of access to abutting properties.
26. STREET OR ALLEY, PUBLIC USE OF: The unrestricted use of a specified
area or right of way for ingress and egress to two or more abutting properties.
27. STREET, MAJOR: A heavily traveled thoroughfare or highway that
a large volume of through traffic, or anticipated traffic exceeding five hundred (500)
per day.
28. STREET, MINOR: A street that is used primarily as a means of public
access to the abutting properties with anticipated traffic of less than five hundred (500)
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vehicles per day.
29. STREET, SERVICE DRIVE: A public right of way generally parallel and
contiguous to a major highway, primarily designated to promote safety by eliminating
ingress and egress to the right of way by providing safe and orderly points of access to the
highway and streets ending in cul- de -dac.
30. STREET WIDTH: The total width of the strip from property line to
property line dedicated or reserved for public use or travel, including roadway, curbs, gutter
sidewalks and planting strips.
ARTICLE III - ADMINISTRATION
1. ADMINISTRATOR: The agency or person appointed by the governing body .,
ill
who is hereby delegated to administer this ordinance. If no such agency or person is appoi
as administrator, the governing body shall be deemed the administrator and so act until an
administrator is duly appointed. In so doing, the administrator shall be considered the
administrator of the governing body, and approval or disapproval by the administrator shall
constitute approval or disapproval as though it were given by the governing body. The
administrator shall also consult with the commission on matters contained herein.
2. DUTIES: The administrator shall perform its duties as regards sub-
divisions and subdividing in accordance with this ordinance and the Land Subdivision and
Development Act.
3. TO CONSULT: In the performance of its duties the administrator may
call for opinions or decisions, either verbal or written, from other departments in cons
details of any submitted plat. This authority by the administrator shall have particular
reference to the resident highway engineer and the health officer.
4. ADDITIONAL AUTHORITY: In addition to the regulations herein contained
for the platting of the subdivisions, the administrator may, from time to time, establish any
reasonable additional administrative procedures deemed necessary for the proper adminis
of this ordinance.
ARTICLE IV. - PROCEDURE FOR MAKING
AND RECORDING PLATS
1. PLATTING REQUIRED: Any owner or developer of any tract of land
situated within Frederick County, Virginia, who subdivides the same shall cause a plat of
such subdivision, with reference to known or permanent monuments, to be made and recorded in
the office of the clerk of the appropriate court. No such plat of subdivisions shall be re-
corded unless and until it shall have been submitted, approved, and certified by the ad-
ministrator in accordance with the regulations set forth in this ordinance. No lot shall be
sold in any such subdivision before the plat shall have been recorded.
I
(a) In the event a plat for subdivision is disapproved by the administrat�,r,
the subdivider may appeal to the governing body which may then override the recommendation'
of the administrator and approve said plat.
2. DRAW AND CERTIFY: Every such plat shall be prepared by a surveyor or
engineer duly licensed by the State of Virginia, who shall endorse upon each plat a certifi-
cate signed by him setting forth the source of the title of the land subdivided, and the pla
or record of the last instrument in the chain of title. When the plat is of land acquired
from more than one source of title, the outlines of the several tracts shall be indicated up
on such plat, within an insert block, or by means of a dotted boundary line upon the plat.
3. OWNER'S STATEMENT: Every such plat, or the deed of dedication to
plat is attached, shall contain in addition to the surveyor's or engineer's certificate a II
statement to the effect that "the above and foregoing subdivision of (here insert correct
description of the land subdivided) as appears in this plat is with the free consent and in
accordance with the desire.of the undersigned owners, properties, and trustees, if any," _ II
which shall be signed by the owners, proprietors, and trustees, if any, and II
shall be duly acknowledged before some officer authorized to take acknowledgments of deeds,
and when thus executed and approved as herein specified shall be filed and recorded in the of
4r. _ . _ ,
of the clerk of the appropriate court, and indexed under the names of the land owners signing
such statement and under the name of the subdivision.
4. NO ONE EXEMPT: No person shall subdivide any tract of land that is
located within Frederick County, Virginia, as defined in Article 7 of the Virginia Punning
Act except in conformity with the provisions of this ordinance..
(See 4 (a) on Page 8(a)
5. PRIVATE CONTRACTS: This ordinance bears no relation to any private
easement, covenant, agreement or restriction, nor is the responsibility of enforcing such
private easement, covenant, agreement or-restriction implied herein to any public official.
When this ordinance calls for more restrictive standards than are required by private contract
the provisions of this ordinance shall control.
6. NECESSARY.CHANGES: No change, erasure or revision shall be made on
any preliminary or final plat, nor on accompanying data sheets after approval of the
administrator has been endorsed in writing on the plat or sheets, unless authorization for
such changes has been granted in writing by the administrator.
4. (a) That in all subdivisions presented for final approval by the
Board of Supervisors of Frederick County,
wherein streets are platted and dedicated to the public and lot owners, the:
shall be no requirement for the surfacing of said streets with asphalt or other treated blac]
topping material, and no approval of said streets and roadways.shall be required by the
Resident Engineer of the Virginia Department of Highways for Frederick County, provided said
subdivisions are designated primarily for seasonal recreational purposes such as, lakes for
boating, big game hunting, game shooting preserves and skiing; and the type of dwellings erec
are designated for said seasonal recreational purposes; and provided further that covenants
in the deed of dedication shall state that neither the proprietors and owners of said sub-
divisions or the purchasers of the said lots will request the Board of Supervisors of Frederi
County, Virginia, or the Virginia Department of Highways that said streets be taken into the
highway system until the said lot owners and proprietors have brought said streets up to the'
specifications of the Virginia Department of Highways of Frederick County, Virginia.
7. RELATION T02DNING: When the intended use of all or part of the platte
area, as indicated by the preliminary plat and as shown on that plat, would put the land in
a more restrictive category than tYa t which now exists, such shall be considered a petition
for the rezoning of the platted areatD the higher classification.
(a) In areas of joint ,jurisdiction between a county and a municipality
spb32cttto the regulations of this ordinance, but not subject to its inning; ordinances, the
planning engineer of the City of Winchester, Virginia,. shall confer with the subdivision
administrator or governing body of Frederick County, Virginia, before approving any prel
or final plat for a subdivision to matte certain that all applicable zo mfina requirements are
being met.
8. FEES: There shall be a charge for the examination and approval or
disapproval of every plat reviewed by the administrator. At the time of filing the prel { n ,
plat, the subdivider shall deposit with the administrator checks payable to the treasurer in
the amount of twenty -five dollars ($25.00) per plat and one dollar ($1.00) for each lot if t.
subdivision contains five (5) or more lots; if the subdivision contains less than five (5)
lots, the charge shall be ten dollars ($10.00) per plat and one dollar ($1.00) for each lot.
ARTICLE V. - GENERAL REGULATIONS
1. MUTUAL RESPONSIBILITY: There is a mutual responsibility between the
I
'
subdivider and Frederick County, Virginia, to divide theland so as to improve the general use
pattern of the land being subdivided.
's or surveyor's statement that such improvements, when properly installed will be
2. LAND MUST BE SUITABLE: The administrator shall not approve the sub-
division of land if from.adequate investigations conducted by all public.agencies concerned,
it has been determined that in the best interest of the public the site is not suitable for
'
platting and development purposes of the kind proposed.
3. FLOODING: Land subject to.flooding and land deemed to be topographical
unsuitable shall not be platted for residential occupancy, nor for such other uses as may in-
crease danger of health, life or property, or aggravate erosion or flood hazard. Such land
within the subdivision shall be set aside on the plat for such uses as shall not be endangerec
'
by periodic or occasional inundation or shaILnot produce conditions contrary to public welfare
4. BUILDING SITE: To insure that residents will have sufficient land upor
which to build a house which is flood free, the administrator may require the subdivider to
provide elevation and flood profiles sufficient to demonstrate the land to be completely free
of the danger of flood waters.
5. IMPROVEMENTS: All required improvements shall be installed by the
subdivider at his cost. In cases where specifications have been established either by the
VirginiaMepartment of Highways for streets, curbs, etc., or by local ordinances and codes,
such specifications shall be followed. The subdivider's performance bond shall not be release
until construction has been inspected and approved by the appropriate engineer. All improveme
shall be in accordance with the following requirements.
(a) LOT SIZE - PUBLIC WATER AND SEWER:
'
Residential lots served by both public water and public sewer systems shall be eighty (80) fee
or more in width at the building line and ten thousand (10,000) square feet or more in area.
Additional improvements required in subdivisions containing lots of this size are that (1)
streets shall be hard surfaced and treated, (2) storm drainage systems and curb and gutter
systems shall be installed when required by the highway engineer.
(b) LOT SIZE - PUBLIC WATER OR SEWER:
Residential lots served by only one of public water or public sewer systems shall be one hundr
(100) feet or more in width at the building line and fifteen thousand (15,000) square feet or
more in area. An, additional improvement required in subdivisions containing lots of this size
is that all streets be hard surfaced and treated.
(c) LOT SIZE - NEITHER PUBLIC WATER NOR SEWER:
Residential lots served by neither public water nor public sewer systems shall be one hundred
feet or more in width at the building line and twenty thousand (20,000) square feet or more in
'
area. An additional improvement required in subdivisions conta lots of this size is that
all streets shall be hard surfaced and treated.
(d) The administrator shall require that data from percolation tests be
submitted as a basis for passing upon subdivisions dependent upon septic tanks as a means of
'
sewage disposal.
(e) EXCEPTIONS: Greater areas may be required where individual septic
I lot
tanks or individual wells are used if the heath official determines that there are factors of
drainage, soil condition or other conditions to cause potential health problems.
(f) FLOOD CONTROL AND DRAINAGE: The subdivider shall provide all necessary
information needed to determine what improvements are necessary to properly develop the subject
property, including contour intervals, drainage plans and flood control devices. The subdivide
shall also provide plans for all such improvements togehter with a properly qualified certified
's or surveyor's statement that such improvements, when properly installed will be
=:c �;
adequate for proper development. The highway engineer shall then approve or disapprove the
plans. The subdivider shall also provide any other information required by the highway
engineer.
6. EASEMEN The administrator may require that easements for dra
through adjo property be provided by the subdivider. Easements of not less than ten (10
feet to width shall be provided for water, sewer, power lines and other utilities in the sub-
division when required by the administrator.
7. SEPTIC TANKS: The administrator shall not approve any subdivision
a sanitary sewer system is not provided unless the administrator shell receive in writing fron
the health department, a statement to the effect that the area contained in the subdivision is
generally satisfactory for the installation of septic tank systems, and that they will not,so
far as can be determined, create hazards to public health, and that such-approval by the
administrator is only with the understanding that where septic tank systems are to be installe
these must be approved on an individual lot basis by the health department.
8. PUBLIC WATER AND /OR SEWER: GJhere public water and/or sewer is
within 200' of the boundary line of the subdivision the service shall be -extended to all lots
within said subdivision.
9. PRIVATE WATER AND /OR SEWER: Nothing in this regulation shall prevent
the installation of privately owned water distribution systems or sewage collection and
treatment facilities, provided however, that any such installations must meet all of the
requirements of the State Water Control Board, the State Health Department, and any other
State or local regulation having authority over such installations.
10. FIRE PROTECTION: The installation of adequate fire hydrants in a sub-
division at locations approved by the administrator shall be required, provided public water
is available. The administrator shall consult with the proper authority before approving
such location.
11. BOND: Before any subdivision plat will be finally approved by the
administrator, the subdivider shall, in lieu of completed construction, furnish bond in an
amount calculated by the administrator to secure the required improvements in a workmanlike
manner, and in accordance with specifications and construction schedules established or
approved by the appropriate engineer, which bond shall be payable to and held by the governing
body.
12. REQUIREMENT: It shall further be the requirement of all bonds than an
amount of said bond, less than the whole shall be retained after construction and until the
street is taken into the highway system. Said amount retained orr!said bond shall be determine
by the resident engineer of the Department of Highway and the administrator. The whole of sa'
bond shall be released upon the street being taken into the highway system.
13. PLANS AND SPECIFICATIONS: Five (5) blue or black line prints of the
plans and specifications for all requirement physical improvements to be installed, shall be
prepared by an engineer and shall be submitted to the administrator for approval or disappro
with sixty (60) days. If approved one (1) copy bearing certification of such approval shall
be returned to the subdivider. If disapproved, three copies shall be returned to the sub-
divider with the reason for disapproval in writing.
14. PART OF TRACT: 4Jhenever part of a tract is proposed for platting and
it is intended to subdivide additional parts in the future, a master plan for the entire
tract shall be submitted with the preliminary plat. Tht master plan is merely for informati
purposes and is not binding on the subdivider or the governing body.' Said master plan shall
7
contain such information as the administrator deems advisable.
L
15. SHAPE: The lot arrangement, design, and shape shall be such that lots
will provide satisfac� yand desirable sites for building, and be properly related to topogra45
and conform to requirements of this ordinance. Lots shall not contain peculiarly shaped
elongations solely to provide necessary square footage of area which would be unusable for
normal. purposes.
16. LOCATION: Each lot shall abut on a street dedication by the subdivis
plat, or on an existing publicly dedicated street, or part of the highway system. If the
ing streets are not of sufficient width to comply with the ordinance the subdivider shall ded-i
Gate enough land to provide a street of sufficient width to conform with the requirements of
thid..ordinance from the center line of said existing street for one -half of total H
width. This section shall also apply to Section 2, Article II, Subsection (b).
17. CORNER TATS: Corner lots shall have extra width sufficient for
maintenance of any required building lines on both streets as determined by the administrator.)
18. SIDE LINES: Side lines of lots shall be approximately at right angles,
or radial to the street line.
19. REMNANTS: All remnants of lots below minimum size left over after
dividing of a tract must be added to adjacent lots, or otherwise disposed of rather than
allowed to remain as unusable parcels.
20. SEPARATE OWNERSHIP: Where the land covered by a subdivision includes
two or more parcels in separate ownership, and lot arrangement is such that a property owne .
line divides one or more lots, the land in each lot so divided shall be transferred by deed
to single ownership, simultaneously the recording of the final plat. Said deed is to be
deposited with the Clerk of the Court and held with the final plat until the subdivider is
ready to record same, and they both shall then be recorded together.
21. LENGTH: Generally, the maximum length of blocks shall be twelve
(1:,200) feet, and the minimum length of blocks upon which lots have frontage shall be five
hundred (500) feet.
22. WIDTH: Blocks shall be wide enough to allow two tiers of lots of
minimum depth,
except
where frontiftg�on
major streets,
unless prevented
by
topographical
conditions of
size of
the property,
in which case the
administrator may
approve
a single tier
of lots of minimum depth.
23. ORIENTATION: Where a proposed subdivision will adjoin a major road,
the administrator may require that the greater dimension of the block shall front or back
upon such major thoroughfare to avoid unnecessary ingress or egress.
24. BUSINESS OR INDUSTRIAL: Lots intended for business or industrial use
shall be designated specifically for such purposes with adequate space set aside for off-
. street parking and delivery facilities.
25.
ALIGNMENT AND LAYOUT:
The arrangement
of
streets in new subdivisions
shall make provision
for the continuation of
existing streets
in
adjo ining areas. The street
arrangement must be such as to cause no unnecessary hardship to owners of adjoining property
when they plat their own land and seek to provide for covenient access to it. Where, in the
opinion of the administrator, it is desirable to provide for street access to adjoining
property, proposed streets shall be extended by dedication to the boundary line of such
property. Half streets along the boundary of land proposed for subdivision may not be permit
Wherever possible, streets should intersect at right angles. In all hillside areas streets
running with contours shall be required to intersect at angles of not less than sixty (60)
degrees, unless- approved by the administrator upon recommendation of the highway engineer.
26. SERVICE DRIVES: Whenever a proposed subdivision contains or is
to a limited access highway or expressway, provision shall be made for a service drive or
marginal street approximatley paralleY to such right of way at a distance suitable for an
appropriate use of the land between such highway and the proposed subdivision. Such distan
shall be determined with due consideration of the minimum distance required for ingress and
egress to the main thoroughfare. The right of way of any major highway or street projected
across any railroad, limited access highway or expressway shall be of adequate width to pro-
vide for the cuts or fills required for any future separation of grades.
27. APPROACH ANGLE: Major streets shall approach major or minor streets
at an angle of not less than eighty (80) degrees, unless the administrator, upon recommenda
of the highway engineer, shall approve a lesser angle of approach for reasons of contour,
terrain or matching of existing patterns.
28. MINIMUM WIDTHS: The minimum width of proposed streets, measured from .t
lot line to lot line, shall be as shown on the major street plan, or if not shown on such
shall' ^be :
(a)
Major
streets
- notless
than eighty
(80)
feet;
(b)
Minor
streets
- not less
than sixty
(60)
feet;
(c) Local service drives or other minor streets which cannot be extended
in the future - not less than fifty -six (56) feet; and
(d) Alleys, if permitted; not less than twenty (20) feet nor more than
twenty -eight ('28) feet.
29. CONSTRUCTION REQUIREMENTS: In cases where the Virginia Department ofl
Highways' specifications are lacking or are less restrictive than the requirements of this
ordinance, this ordinance shall prevail.
(a) The roadway shall be graded to thirty (30) feet exclusive of side
ditches.
(b) Base for pavement shall be at least twenty -four (24) feet in width
and six (6) inches in depth and be of stone, gravel or other satisfactory material approved
by the Virginia Department of Highways, or as may otherwise be required by the Department of
M . =,,,M
(c) If the subdivider constructs curbs and gutter or sidewalks or both,
the minimum pavement width for an eighty (80) foot wide street from .face of curb to face of
curb shall be forty (4o) feet, and for a sixty (60) foot wide street the pavement shall be
forty -five (45) feet from face of curb to face of curb, and for a fifty -six (56) foot wide
street, the pavement shall be thirty -six (36) feet from face of curb to face of curb. The
curbing shall have a minimum width of six (6) inches on either side of the street, then there
shall be a minimum of four and one -half (42) feet on either side of the street for placing
of utilities, and then a sidewalk on either side with .a maximum width of five (5) feet and
a minimum width of four (4) feet and adjacent to the property line.
(d) Pavement width shall be a minimum of twenty -two (22) feet except that
towns over 3,500 in population shall have a minimum pavement width of thirty (30) feet con-
structed of material passing Virginia Department of Highways specifications. The pavement
will consist of a bituminous oil primer treatment and double sealed treatment with rates of
application to be in accordance with the Virginia Department of Highways specifications.
(e) The grades of streets submitted on subdivision plats shall be
by the administrator upon recommendation of the highway engineer prior to final action by the
adminis trator. Wherever feasible, street grades shall not exceed ten (10) per cent.
30. CUL-DE -SACS: Generall7, minor terminal streets (cul -de- sacs), de-
7
signed.to have one end permanently closed, shall be no longer than four.hundred (400) feet to
the beginning of the turn - around. Each cul -de -sac must be terminated by a turn -around of not
less than one hundred (100) feet in diameter.
31. ALLEYS: Alleys should be avoided wherever possible. Dead -end alleys,
if unavoidable, shall be provided with adequate turn -around facilities as determined by the
administrator.
' 32. PRIVATE STREETS AND RESERVE STRIPS: There shall be no private streets
platted in any subdivision. Every subdivided property shall be served from a publicly dedicat
street. There shall be no reserve strips controllin access
v to streets.
and n As P
amedstreets, shall bear o i fthe existing sly in alignment with other
already existing /streets. In no case shall the names of proposed streets duplicate existing
' street names irrespective of the use of the suffix street, avenue, boulevard, drive, way, plac
lane or court. Street names shall be indicated on the prel iminary and final plats, and shall
approved by the administrator. Names of existing streets shall not be changed except by
approval of the governing body.
34. ADMINISTRATOR: Administrator shall_keep a list of all street names.
35. IDENTIFICATION SIGNS: Street identification signs of a design approved
the administrator shall be installed at all intersections.
36. VISIBLE FOR INSPECTION: Upon completion of subdivision streets, sewers
other improvements, the subdivider shall male certain that all monuments required by the
inistrator are clearly visible for inspection and use. Such monuments shall be inspected
and approved by the administrator before any improvements are accepted by the governing body.
37. LOCATION - CONCRETE: Concrete monuments four (4) inches in diameter or
' square, three (3) feet long, with flat top, shall be set at all street corners, at all points
where the street line intersects the exterior boundaries of-the subdivision, and at right angle
points, and points of curve in each street. The top of the monument shall have an appropriate
k to identify properly the location and shall be set 3 inches above the finished grade.
38. LOCATION - IRON PIPE: All other lot corners shall be marked with iron'
ipe not less than three - fourths (3/4) inch in diameter and twenty -four (24) inches long and
,driven so as to be flush with the finished grade. When rock is encountered, a hole shall be
ed four (4) inches deep in the rock, into which shall be cemented a steel rod -half ()
in diameter, the top of which shall be flush with the finish grade line.
39. RESERVATION OF LAND FOR PUBLIC PURPOSES:. The administrator may require
viders of residential subdivisions to set aside land for parks, playgrounds, schools,
ries, municipal buildings, and similar public and semi- public uses, subject to the followi
' Yregulations
(a) Subdividers shall not be required to dedicate landfbr parks or play-
grounds exceeding ten (10) per cent of the area of the subdivision, exclusive of street and
ainage ^reservations, without reimbursement by the governing body. Where land is required in
excess of this amount, the reimbursement by the governing body shall be based on a proportionate
' ,hare of the (1) cost of raw land, (2) cost of improvements, including interest on investments
(3) development costs, (4) plus not more than ten (10) percent profit on the total of such cost
(b) Subdividers shall not be required to reserve land for public nurooses I
ther than streets, drainage, parks and playgrounds, except on a reimbursement basis. They
hall be reimbursed by the ,jurisdiction or agency requiring the land. They shall not be requi
o.hold the land longer than eighteen (18) months following the recording of the plat for such
urchase. If the land is not purchased ,within the said eighteen (18) months it may be sold as
ots for the same purposes for which the subdivision was platted. To facilitate such possible
ventual sale of reserved land as separate lots, the subdivider shall show on his final plat,
dotted lines and dotted numbers, the area and dimensions of lots to -be created within the
boundaries of any such reserved land, and may sell such lots, after the expiration date of the
reservation, by lot number, without filing an amended plat.
(c) The administrator shall make certain that lands so reserved are
divisible in the same manner as the remainder of the subdivision so that the subdivider will
not be required to reserve an unusable portion of his subdivision.
,
(d) Nothing herein shall be construed to mean that land may be set aside
r
commercial purposes in a residential district without the land so required for commercial use
being zoned appropriately in accordance with the zoning ordinance.
(e) Such public areas as parks and playgrounds as.dedicated by the sub-
divider shall be subject to use only by the residents of said subdivision and their guests
'
and invitees.
ARTICLE VI. - APPROVAL OF PLATS
1. APPROVAL REQUIRED BEFORE SALE: 14henever. any subdivision of land is'
proposed, and before any permit for the erection of a structure shall be granted, the sub-
divider or his agent shall apply in writing to the administrator of the approval of the sub-
division plat and submit five (5) copies of the prel iminary plat, including the lot, street
and utilities layout. No lot shall be sold until a final plat for the subdivision shall have
been approved and recorded in the following manner:
2. PRELIMINARY SKETCH: The subdivider may, if he so chooses, submit to
the administrator a preliminary sketch of the proposed subdivision prior to his preparing
engineered prel iminary and final plats. The purpose of such prel iminary sketch is to permit
the administrator to advise the subdivider whether his plans in general are in accordance with
'
the requirements of this ordinance. The commission, upon submission of any preliminary sketch,
shall study it, and advise the subdivider wherein it appears that changes would be necessary.
The administrator may mark the prel iminary sketch indicating necessary changes and,any such
marked sketch shall be returned to the subdivider with the preliminary plat. The preliminary
sketch shall be as follows:.
(a) It shall be drawn on white paper, or on a print of a topographic map
of the property. It shall be drawn to a scale of one.hundred (100) feet to the inch. It
shall show the name, location and dimensions of all streets entering the property, adjacent to
the property, or terminating at the boundary of the property to be subdivided. It shall show
the location of all proposed streets, lots, parks, playgrounds and other proposed uses of the
land to be subdivided and shall include the approximate dimensions.
3. PRELIMINARY PLAT: The subdivider shall present to the administrator
five (5) prints of a prel iminary layout at a scale of one hundred (100) feet to the inch as a
'
preliminary plat. The prel iminary plat shall include the following information:
(a) Name of subdivision, owner, subdivider, surveyor or engineer, date of
drawing, number of sheets, north point and scale. If true north is used, method of determi-
nation must be shown.
'
(b) Location of proposed subdivision by an inset map at a scale of not
less than one (1) inch equal one (1) mile showing adjoining roads, their names and numbers,
towns, subdivisions and other landmarks.
(c) The boundary survey or existing survey of record provided such survey
shows a closure with an accuracy of not less than one in twenty -five hundred; total acreage,
..
acreage of subdivided area, number and approximate area and frontage of all building sites,
existing buildings within the boundaries of the tract, names of owners and their property
lines within the boundaries of the tract and adjoi such boundaries.
the plat.
4..PROCEDURE:
(d) All existing, platted and proposed streets, their names, numbers and
his
width; existing utility or other easements, public areas and parking spaces; culverts, drains
cuss the prel iminary plat with the
and water courses, their names and other pertinent data.
to
(e) The complete drainage layout, including all pipe sizes, types, drainag
easements and means of transporting the drainage to a well defined natural drainage.
'
(f) A cross section showing the proposed street construction, depth and
type of base, type of surface, etc.
(g) A profile or contour map showing the proposed grades for the streets
and drainage facilities including elevations of existing and proposed ground surface at all
street intersections and at points.of major grade change along the center line of streets to-
gether with proposed grade lines connecting therewith.
(h) Proposed connections with existing sanitary sewers and existing water
supply or alternate means of sewage disposal and water supply.
(i) All parcels of land to be dedicated for public use and the conditions
of such dedication.
(j) A copy of all protective covenants and deed restrictions shall accompan
the plat.
4..PROCEDURE:
The Administrator or
his
appointed representative shall d
cuss the prel iminary plat with the
subdivider in order
to
determine whether or not his pre-
liminary plat generally conforms to the requirements of the subdivision ordinance and of the
zoning ordinance. The subdivider shall then be advised in writing within sixty (60) days,
which may be by formal letter or by legible markings on copy of the preliminary plat,
' concerning any additional data that may be required, the character and extent of public
improvements that will have to be made, and an estimate of the cost of construction or
improvements and the amount of the performance bond which will be required as a prerequisite
to approval of the final subdivision plat. In-dete the cost of required improvements
and the amount of the performance bond, the administrator may consult with a duly licensed
engineer who shall prepare this data for the admini strator, or preferably may require a bona
fide estimate of the cost of improvements to be furnished by the subdivider.
5. NO GUARANTEE: Approval by the administrator of the prel iminary plat
does not constitute a guarantee of approval of the final plat.
6. SIX MONTHS! LIMIT: The subdivider shall have not more than six (6)
months after receiving official notification concerning the preliminary plat to file with the
administrator a final subdivision plat in accordance with this ordinance. Failure so to do
' shall make preliminary approval null and void. The administrator may, on written request by
the subdivider, grant an extension of this time limit.
7. FINAL PLAT: The subdivision plats submitted for final approval by the
governing body and subsequent recording shall be clearly and legibly drawn in ink upon tracin
cloth at a scale of one hundred (100) feet to the inch on sheets having a size of eleven (11)
' inches by seventeen (17) inches. In addition to the requirements of the prel iminary plat the
final plat shall include the following:
(a) A blank oblong space three (3) inches by five (5) inches shall be
- reserved for the use of the approving authority.
(b) Certificates signed by the surveyor or engineer setting forth the
source of title of the owners of the land subdivided and the place of record of the last
instrument in the chain of title.
(c) A statement to the effect that the subdivision as it appears on this
plat is with the free consent and in accordance with the desires of the•owners. proprietors
01 NMOR
lc
and trustees, if any, which shall be signed by the owners, proprietors and trustees, if any,
and shall be duly acknowledged before some officer authorized to take acknowledgements of
deeds.
(d) 'When the subdivision consists of land acquired from more than one
source of title, the outlines of the various tracts shall be indicated by dash - lines, and
identification of the respective tracts shall be placed on the plat.
,
(e) The accurate location and dimensions by bearings and distances with
all curve data on all lots and street lines and center lines of streets, boundaries of all
proposed or existing easements, parks, school sites or other public areas, the number and
area of all building sites, all existing public and private streets, their names, number and
widths, existing utilities, and those to be provided such as sanitary sewers, storm drains,
water mains, manholes and underground conduits, including their size and type, water courses
and names, names of owners and their property lire s, both within the boundary of the
subdivision and adjoining said boundaries.
(f) Distances and bearings must balance and close with an accuracy of not
less than one in ten thousand. All bearings shall be calculated from State Grid North, and
two adjacent reference points shall show State Planecoordinates and be located by concrete
monuments not less than five hundred (500) feet apart.'
(g) The data of all curves along the street frontage shall be shown in
detail at the curve or in a curve data table containing the following: Delta, radius, arc,
tangent, chord and chord bearings.
(h) Deed -of Dedication shall accompany final plat.
8. CONDITIONS: The plat shall not be approved until the subdivider has '
complied with the general requirements and minimum standards of design in accordance with
this ordinance, and has made satisfactory arrangements for performance bond, cash or cash bond
to cover the cost of necessa improvements, in lieu of completed construction, to tke satisfaction
of the administrator. Appro val of final plat shall be written on the face of the plat by the
administrator. The- subdivider shall record the plat within sixty (60) days after final approval;
otherwise, the adminis trator shall mark plat "void" and return same to subdivider.
ARTICLE VII. - ADVERTISING STANDARDS
1. A subdivider, when advertising a subdivided tract of land for sale,
shall be specific as to the following items:
(a) Whether officially approved water and sewer facilities are available
or not;
(b) The amount of officially approved water available to eachirot purchaser
in terms of gallons per day. ICI
ARTICLE VIII. - EFFECTUAL CLAUSES
1. EXCEPTIONS: Where the subdivider can show that a provision of these
standards would cause unnecessary hardship if strictly adhered to, and *there, because of top-
ographical or other conditions peculiar to the site, in the opinion of the administrator a '
departue may be made without destroying the intent of such provisions, the adminis trator may
authorize an exception. Any exception thus authorized is to be stated in writing in the report
of the agent with the reasoning, on which the departure was justified, set forth. No such
variance of this ordinance may be granted by the administrator which is opposed in writing by
the county or highway engineer or health official.
2. PENALTIES: Any owner or proprietor of any tract of land who subdivides
thattract of land and whbaviolates any of the provisions of this ordinance shall be guilty ofua
misdemeanor, punishable by a fine of not less than ten dollars ($10.00) not more than two huni�
dred and fifty dollars ($250.00), and each day after the first during which such violation sK ll ,
continue shall constitute a separate violation.
3. ENFORCEMENT: The administrator shall be charged with the enforcement
of this ordinance.
4. VALIDITY: Should any article, section, subsection or provision of thiry
subdivision ordinance be declared by a court of competent jurisdiction to be invalid or un-
constitutional, such decision shall-not affect the validity or constitutionality of this subdivision
ordinance as a whole or any part thereof other than the part so declared to be invalid or un -�
constitutional.
5. REPEAL: All ordinances or portions of ordinances in conflict with this
ordinance are hereby repealed to the extent of their conflict.
6. AMENDMENTS: This ordinance may be amended in whole or in part by the
governing body provided that any such amendment shall either originate with or be submitted to
the Planning Commission for recommendation; and further provided that no such amendment shallll
be adopted without a public hearing having been held by the governing body, notice of the tim
and place of the he ins s 1� ga een given,at least five (5) days prior to the hearing. h
EFF � DATE: Thiso rdinance was duly considered, following a required
public hearing held on ep ei er , 965, and was adopted by the governing body of Frederick
i ini , it m,� meet held n ge�tember 13 1965 This ordinance shall be
g?H q, v y
r o' and aRer s 12r Y A _ on ary 18, lyob. B. Q. BACK
At;tes _GEORGE B WHITACRE. DEPUTY L ;L& ;iK �srrmazr
137
GREEN ACRES - SECTION FOUR - CHANGE OF LOT LINES
Upon motion duly made and seconded,
Be it resolved, that the Board approve the Deed of Correction presented
by James R. Wilkins citing the change of boundary lines of Lots No. 12, 8 11 13 and 14, in
Section Three of Green Acres, and is now a part of Green Acres Subdivision, Section Three,
' II and Section Four.
FREDERICK COUNTY SUBDIVISION ORDINANCE - AMENDMENT
Upon motion duly made and seconded, the Board passed the following
Amendment:
ARTICLE `P - General Regulations
Section 8
Public Water and or sewer:
Where Public Water and or sewer is available within 200' of the boundary
line of the Subdivision, in a public right of way or easement the service shall be extended
to all lots within said subdivision.
L; i �Nti�1 u,'al7b
Amendment to Subdivision Ordinance adopted December 1965.
Be
it
resolved
that this amendment be referred to the Planning Commiss
for their consideration
and
report
as provided by law.
REGULAR MEETING - TIME CHANGED
Upon motion duly made and seconded,
' The time for the regular meeting of the Board of Supervisor's to be
held on February 14 1966 was changed from 10:00 o'clock A."M'.: to 9:00 A. M.
The meeting for addition and improvements of roads will be held at
10:00 A. M. on the above date.
CAROLINE STREGT- ACCFPTFD BY STATE HIGHWAY DEPARTMENT
Upon motion duly made and seconded,
As requested in resolution by your Board on November 8, 1965,.the
addition to the Secondary system of Frederick County is hereby approved, effective December
PLANNING COMMISSION - MEMBERS APPOINTED
Upon motion duly made and seconded,
It is ordered that the Board appoint D. K. Russell, Clinton L. Ritter an
Belmont Fout to the Frederick County Planning Commission.
The Board approved an addition of . a member from the Frederick County
Health Department be included on the Planning Commission. Such person to be a non = voting
member.
AND
SALARIRS FXTFNSF,S - APPROVED
Upon motion duly made and seconded, the salary and expense account for
the year beginning on the first day of January, 1966, of the Treasurer: Salary, $6,800.00;
Deputies, office assistants, $7,860.00, and other expenses, $2,827.50, total $17,487.50. The
salary and expense account of Commissioner of Revenue $7,000.00, deputy, typist, and extra
help, $11,500.00, other expenses, $1,988.50, total, $20,488.50. The salary of Commonwealth
Attorney $6,000.00, Secretary and assistant, $4,800.00, total, $10,800.00. The salary of
Sheriff, $6,900.00, Full-time Employees, $27,890.00, and other expenses, $3,041.00, Total,
$37,831.00. The above was approved as fixed by the Compensation Board.
CAROLINE STREGT- ACCFPTFD BY STATE HIGHWAY DEPARTMENT
Upon motion duly made and seconded,
As requested in resolution by your Board on November 8, 1965,.the
addition to the Secondary system of Frederick County is hereby approved, effective December
138
ADDITION LENGTH
Caroline Street - from Route 739 west to Route 736. 0.15 Mi.
HYLTON ENTERPRISES
RID BUD RUN - SEWAGE USAGE
A group of property owners appeared before the Board, opposing the
use of Red Bud Run by Hylton Enterprises for discharge of "purified effluent ".
At the regular meeting of the Board on February 8, 1965,(Page 85) the
Board unanimously approved the location of said plant in Frederick County, Virginia, subject
Water
however to the approval of the State/Control Board.
Therefore, no further action was taken at this meeting.
GARBER'S SUBDIVISION - SECTION ONE - PRELIMINARY STUDY
Upon motion duly made and seconded,
Be it resolved, That the Plat of Garber's Subdivision, Section One,
be and the same is hereby received for preliminary study and consideration.
BANTZ BLDG. - J. ADA BEARDSWORTH PROPERTY - LAND PURCHASED
Upon motion duly made and seconded,
BE IT RESOLVED That the treasurer draw a check on the County Treasury
in the sum of $133,719.91 for the purchase of the J. Ada Beardsworth property adjo the
Plaza, and deliver the check to Attorney for the sellers. This amount represents the final
figure after apportionment of rent, taxes and insurance, and a check to the Corporation
Court Clerk for Recording the Deed.
Said Deed was recorded on the above date.
LAYSIDE - SECTION ONE - LAND OF WOLCOTT E. LAY, ET AL
Upon motion duly made and seconded,
Be it Resolved That the Final Plat of Section one of Layside, in
Back Creek District be and the same is hereby accepted on final approval subject to the
Department of Health and Highway placing their approval upon the plat, whereupon the Ch
of the Board of Supervisors shall place his signature upon the plat showing the final a
of this board, whereupon the same may be recorded.
FOREST RESERVE FUND
Upon motion duly made and seconded,
The board argued not to sign the Assurance of Compliance Agreement
in which it would agree to comply with Title VI of the Civil Rights Act of 1964 and all re
ment thereof, as of this date.
The Clerk will hereby notify the Forest Supervisor of its action.
SHAWNEE LAND - MAL PLAT - PLAT 4. SECTION 5
Upon motion duly made and seconded,
Be it resolved, The plat and Deed of Dedication of Shawnee Land,
Section Five, Plat No. Four, has been duly signed by the Health Department and Board of
Supervisors and is accepted for final approval.
L�
It is hereby ordered to be recorded.
139
SHAWNEE LAND - FINAL PLAT - PLAT ONE, SECTION A
Upon notion duly made and seconded,
Be it resolved, the plat and Deed of Dedication of Shawnee Lend, Section
A, Plat No. One, has been duly signed by the Health Department, and Board of Supervisors and
is accepted for final approval.
It is hereby ordered to be recorded.
RE- ASSESSMENT - LAND MAP
Upon motion duly made and seconded,
The Board agreed to contact Mr. Fred C. Forberg, State official from
Richmond, Virginia to speak to the Supervisors in regard to the Land Use Map and future
Re- Assessment.
ACCOUNTS PAYABLE
Accounts totaling $8,681.60 were read and approved and ordered to be paid
from the General Funds by Warrants 813 and 1022 inclusive: Livestock, Fowl Claim and Henry
Bursey's Salary totaling $730.52 were read and ordered to be paid from the Dog Fund by
Warrants 2360 and 2369, inclusive.
ADJOURN.
At a Special Meeting of the Board of Supervisor's of Frederick County,
Virginia, held in the Supervisor's Room over the County Clerk's Office on the 18th day of
January, 1966.
PRESENT: B. 0. Brumback, Chairman; Grover Teets, Donald Baughman, Hurl
Himelright and Paul Luttrell.
- STATE WATER CONTROL
Be it Resolved That the State Water Control Board consider requiring all
developers of land and improvements in Frederick County who do not adjoin public water and
sewer lines to connect their sewerage to said lines when the lines lie within 200 feet of
their properties along public right of ways or easements,
' And also require all such developers to connect their sewerage disposal
plants to public sewer lines when the same appears to be reasonable in regard to size of
sewer lines and acquisition of right of ways and the distance and expense is not to great
and property rights of individuals along streams carrying the effulent would be benefited.
' UPON MOTION DULY MADE AND SECONDED, IT IS ORDERED THAT THE BOARD DO NOW
Clerk CY