HomeMy WebLinkAboutMay 06, 1952At a Special meeting of the Board of Supervisors of Frederick County, Vir -I
ginia, held in the Supervisors Room over the Clerk's Office on the 6th, day of May, 1952.
P- R- E- S- E -N -T-
C. M. Rosenberger, Chairman; Paul Luttrell, B. 0. Brumback, C. F:. Garber,
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and Grover Teets.
Upon motion of Charles E. Garber and seconded by Grover Teets, the follow-
ing Resolution was adopted. Be it Resolved, that this Board requests the State Highway Depart -
went to retain the policy that has been previously farm practiced pertaining to applying calcium
chloride to lay dust on untreated roads; namely that calcium chloride will only be applied in
front of business establishments and buildings rendering a public service.
It is the unanimous opinion of this Board that the new policy adopted -by
the Highway Department in regard to the application of calcium chloride to lay dust will be very!
costly and that the money used for this year could be better used for a more permanent type of
improvement.
LAND SUBDIVISIONS ORDINANCE
On motion of Grover Teets and seconded by Charles E. Garber, it is unani-
mously ordered that all action taken previously on the Subdivisions Act, which was not approved
by the City Council of the City of Winchester, Virginia, be and hereby is rescinded.
FREDERICK COUNTY PARKING LOT - CITIES OIL CO.
Upon motion of Grover Teets and seconded by Paul Luttrell, it was unani-
mously agreed that the Board accept the - teritative offer of the Cities 011 Company for leasing a
portion of said lot for the purpose of building a Service Station.
ORDINANCE - LAND SUBDIVISIONS
Uponrifiotion duly,' seconded ;'the'following ordiriance)assed its `third and
final reading and is adopted: Subject, however, to the 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 THF, CODE OF VIRGINIA FOR 1950 AND AS AYL:NDED, PROVIDING CERTAIN LOCAL REQUIREN,ENTS
FOP. SUBDIVISIONS AND APPROVED PENALTIES FOR VIOLATIONS THEREOF.
V[HEREAS many areas of the County of Frederick adjacent to cities, towns and
otherwise are being considered for purposes of subdivision and re- subdivision; and,
MEREAS 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
sub - divisions and existing subdivisions, that certain requirements and regulations be laid down
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for the harmonious and econoruic development of the cities, towns and caunty.for the coordination'-
of streets within the subdivisions with other existing or planned streets in the subdivisions
or of cities or towns adjacent thereto, for adequate open spaces for traffic, and for the health,
safety, convenience and prosperity of said citizens;
w.JZ4 % r Now, therefore be it enacted,
JL"�P�Z 3 Su O � I 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 Frederick County as the law of this County; and,
ARTICLE II
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1. Be it further enacted that the width, grade, curb, drainange and sur-
face of all streets to be platted in the future must meet all statutory and regulatory provi-
sions of the Code of Virginia dnd 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 f ace of said plat before final
iapproval of said plat by the Board of Supervisors. �y
`d��,�au/Z`� The owners anprletors of7s£id clots, 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 Vir -_
ginia 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 Fredericl. County until said street or
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streets are so improved and constructed to meet said requirements and are improved in writing by
the Resident Engineer of the Virginia Department of Highways for 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 acknowledged
certificates of approval of, the same f rom the Resident Engineer of the Virginia Department 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 Sunervisors and recorded in the Clerk's Office of.the Circuit Court of Frederick County,
Virginia. \J\,-
b 4. All proposed plats for subdivisions must be submitted to the Frederick
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 Frederick County Health Unit by its Medical Director and Sanitation
(Officer must be recorded on face of the proposed plat, before. final approval by the Board
of Supervisors. ~ e ll
S � ghat in all proposed subdivisions adjacent to the City of Ninchester
or otheP proposed subdivisions adjacent to cities or twons in t County of Frederick which
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provides sewer or water, or both, the owners and • proprietors must install utility mains for
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water or sewer, or both, as the case may be, under the streets thereof, and such installation to
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.
0 hL 6. In any subdivision where water and sewer is connected to a municipality
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.
Q \ 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 Super-
visors 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.
Ok 8. Reinforced concrete markers or other similar permanent type of-markers
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used by the Virginia Department of Highways and approved by said Department must be permanently
fixed in said subdivision to mar}. the streets, alleys and property lines before approval of said
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plat for recordation
O 9. All plats and subdivisions or re- subdivisions, shall be filed for
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 �allleys in the rea of lots. g
y ` The wordivisiohalll meanhe 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. A11 ' "alleys shall, where er nracticable, na llel all streets, and
the ie be Q intersecting'6treets at least every Five Hundred Twenty Eight Feet (528) feet along
l every street, unless otherwise permitted by the Board of Supervisors of Frederick County, and
C all streets must have a minimum width of Fifty (50) feet from property line to property line.
fie a v? "0 ,cam Pa I 4
c _&-.� 13�}at�<,,20� 13. No building permits sha ?l be granted by the Commissioner of Reve-
nue in a y di�Asion until the Board of Supervisors have granted final approval of the plat and,
the same is recorded in the Clerk's Office of the Circuit Court of Frederic} County, Virginia.
14. All p lats submitted for final approval shall be of the maximum
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size of Sixteen( inches long and Eight and one-half (8J) inches wide.
15. 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 Yiddletown, with a letter requesting their approval of the regulations)
contained herein: ;J 4
16. Penalti for the violation, of the Statutes of Virginia pertain -
cw.,cn.. d�,f e24-c } a 6 f
ing hereto and the regulations and requirements stated herein, is provided for in Section 15 - 79 4 .1
of the Code of Virginia for 195
\� n 17. If any Section or part hereof of this ordinance is adjudged to be
unconstitutional, utilawful, void, or of no effect for any reason, the remaining parts hereof
shall remain in full force and effect.
Enacted this 6th. day of May, 195
Upon motion it is ordered that the Board do now adjourn.
Attest: CLERK . hairman
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