March 10, 1952.f
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At the Regular meeting of the Board of Supervisors of Frederick County,
Virginia, held in the Supervisor's Room over the Clerk's Office, on the 10th. day of March,1952.
P- R- E- S -E -N -T
C. M. Rosenbei•ger,Chairman, Paul Luttrell, B. 0. Brun:back, C. E. Garber, and
Grover Teets.
The urinates of the last meeting held on the 11th, day of February, 1952,
were read and approved.
REPORTS: Harry L. McCann, Earl S. Bailey, Robert L. DeHaven, Joseph A. Massie, Earl Cather and
I. Fred Stine.
ReportS:of Harry L. McCann, Treasurer; Earl S. Bailey, Commissioner of the
Revenue; Robert L. DeHaven; Joseph A. Massie, Commonwealth's .Attorney; Earl Cather, Game Warden;
and I. Fred Stine, County Agent; were read and approved.
RESIGNATION OF WARD SHADE
The resignation of Ward Shade, Janitor was submitted by him to the Board to
become effective on the first day of April, 1952. Said resignation was accepted.
CONSTRUCTION OF AP BLOSSOM BLEACHERS
Harrington Smith appeared on behalf of the Apple Blossom Committee, requesting
permission to construct bleachers in front of the County Court House lot fronting on Main Street.
Upon motion said request was granted.
ORDINANCE - LAND SUBDIVISIONS
Upon motion duly seconded, the following ordinance passed its third "and
final reading and is adopted: subject, however, to the statutory approval of the towns of
Stephens City and Middletown and the City of Winchester, Virginia.
AN ORDINANCE FOR THE PURPOSE OF ADOPTING ARTICLE: II, CONTAINING SECTIONS 15 -779 THROUGH 15 794.3,
TITLE 15 OF THE CODE OF VIRGINIA FOR 1950 AND AS AMENDED, PROVIDING CERTAIN LOCAL REQUIREMENTS
FOR SUBDIVISIONS AND APPROVED PENALTIES FOR VIOLATIONS THEREOF.
i'fHEREAS many areas of the County of Frederick adjacent to cities, towns and
otherwise are being considered for purposes of subdivision and re- subdivision; and,
WHEREAS it is 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 proposed {i
sub- divisions and existing subdivisions, that certain requirements and regulations be laid dow
for the harmonious and economic development of the cities, towns and county, for the coordina-
tion of streets within the subdivisions with other existing or planned streets in the subdivi-
sions or of cities or towns adjacent thereto, for adequate open spaces for traffic, and for the
health, safety, convenience and prosperity of said citizens;
Now, therefore be it enacted,
ARTICLE I
1. That all provisions in article II, Title 15 of the Code of Virginia for
1950 as amended containing Sections 15 - 779 through 15 -794.3 and known by title as the "Virginia
Land Subdivision Act. ", be, and the same hereby is adopted by the Board of Supervisors of Fred-
erick County as the law of this County; and,
ARTICLE 11
1. Be it further enacted that the width, grade, curb, drainage and surface
of all streets to be platted in the future must meet all statutory and regulatory provisions
of the of Virginia and the Virginia Department of Highways, and must be constructed
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accordingly, and approval in writing of said construction by the Resident Engineer of the
Virginia Department of Highways of Frederick County must be written on the face of said plat
before final qpproval of said plat by the Board of Supervisors.
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2. The owners and proprietors of said lots, improved and unimproved,
along all streets platted and of record in the deed books of the Clerk's Office of the Circuit
Court of Frederick County, which streets have not been taken into the Secondary Highway System
of Virginia and not constructed according to the statutory and regulatory provisions of the
Code of Virginia and the Virginia Department of Highways, will not be granted building permits
by the Commissioner of Revenue or the Board of Supervisors of Frederick County until said street
or streets are so improved and constructed to meet said requirements and are approvedrin writing
by the Resident Engineer of the Virginia Department of Highways Frederick County; and all
such unimproved streets will not be recommended to be taken into the Secondary Highway System
of the State of Virginia by the Board of Supervisors until the owners and proprietors of said
lots, improved or unimproved, have so constructed and improved said streets and obtained acknow-
ledged certificates of approval of the same from the Resident Engineer of the Virginia Depart-
ment of Highways for Frederick County
3. No lots in proposed subdivisions not approved by the Board of Super-
visors are to be sold by the owners and proprietors thereof until said plats are approved by the
Board of Supervisors and recorded in the Clerk's Office of the Circuit Court of Frederick
County, Virginia.
4. All proposed plats for subdivisions must be submitted to the Freder-
ick County Health Unit, where its approval of the drainage and grade of streets and the size
and location of lots for water and sewerage and in accordance with prior ordinances requiring
the same; the approval of the Frederich County Health Unit by its Yedical Director and Sani-
tation Officer must be recorded on the face of the proposed plat, before final approval'by the
Board of Supervisors.
5. That in all proposed subdivisions adjacent to the city of Winchester
or other proposed subdivisions adjacent to cities or towns in the County of Frederick_ which
provides sewer or water, or both, the owners and proprietors must install utility mains for
water or sewer, or both, as the case may be, under the streets thereof, and such installation
must meet the requirements and approval in writing on said plat of the!said municipalities
before the approval of said plat by the Board of Supervisors.
6. In any subdivision where water and sewer is connected to a munici-
pality as aforesaid, the lots in said plat may be a minimum size of Fifty (50) feet frontage
and One Hundred Twenty Five (125) feet depth, but where sewer and water are not provided the
minimum size of said lots shall be Seventy Five (75) feet frontage and one Hundred Fifty (150)
feet depth, or Eleven Thousand Two Hundred Fifty (11,250) square feet with a minimum frontage
of Fifty (50) feet.
7. In lieu of the completion of grading, draining, curbing and surfacing
of said streets, or the installation of water or sewer mains, or both, or other utility mains
or lines by the owners or proprietors, and before final approval of said plat, the Board -of
Supervisors or its duly designated agent may accept a bond from said owners or proprietors, in
an amount and with surety and conditions satisfactory to said Board of Supervisors, which bond
may secure to the said Board of Supervisors, the actual cost of construction and installation
of such improvements and utilities within the period specified by said Board of Supervisors.
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8. Reinforced concrete markers or other similar permanent type of markers
used by the Virginia Department of Highways and a pproved by said Department must be permanently
fixed in said subdivision to marl-_ the streets, alleys and property lines before approval of
said plat for recordation.
9. All plats and subdivisions or re- subdivisions, shall be filed for
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recordation within Sixty (60) days after final approval thereof, otherwise such approval shall
be deemed to have been withdrawn and the plat marked void and returned to the Board of Supervisors.
10. The word street shall include all streets, roads, parkways and other
thoroughfares, except alleys in the rear of lots.
11. The word subdivision shall mean the dividing of any piece of land in
Three (3) or more smaller parcels of land; or the changing in any manner any other subdivision
or plat previously approved and recorded, either or both.
12. All alleys shall, wherever practicable, parallel all streets, and
there shall be intersecting streets at least every Five Hundred and Twenty Eight (528) feet
along every other street.
13. All plats submitted for final approval shall be of the maximum size
of Sixteen (16) inches long and Eight and One -half (8J) inches wide.
14. It is further ordered that the Clerk of this Board shall send a copy
of this ordinance to the Common Council of the City of Winchester and the Councils of the towns
of Stephens City and Middletown, with a letter requesting their approval of the regulations
contained herein.
15. Penalties for the violation of the Statutes of Virginia pertaining
hereto and the regulations and requirements stated herein, is provided for in Section 15 -794.1
of the Code of Virginia for 1950.
16. If any section or part hereof of this ordinance is adjudged to be
unconstitutional, unlawful, void, or of no effect for any reason, the remaining parts hereof
shall remain in full force and effect.
Enacted this 10th. day of March, 1952.
Accounts totaling $4019.24 were approved and ordered to be paid from the
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General County Fund by warrants numbers 13627 to 13669 inclusive and Livestock, fowl claims
and Earl Cather's Salary totaling $$318.00 were approved and ordered to be paid from the Dog Fund
by warrants numbers 1239 to 1243 inclusive.
Upon motion it is ordered that the Board do now adjourn.
11..Rosenberger, Chair
Attest: I l_1}� �t,. ,CLERK Board of Supervisors of
Frederick County, Virg is