HomeMy WebLinkAbout091-26 (Chapter144SubdivisionOrdinanceUpdated) 40 ORDINANCE
Action:
PLANNING COMMISSION: April 15, 2026 Recommended Approval
BOARD OF SUPERVISORS: May 13,2026 Adopted
TO AMEND CHAPTER 144
WHEREAS,a proposal to amend Chapter 144—Subdivision Ordinance to reorganize the chapter,to remove
any redundant and conflicting language, and to convert narrative standards into tables and graphics,and where
appropriate to add or modify provisions and references from Chapter 22 of Title 15.2 of the Code of Virginia
that are not codified in the current Subdivision Ordinance;and
WHEREAS,the Development Review and Regulations Committee(DRRQ met and discussed the proposed
amendment at their March 26,2026,regular meeting;and
WELEREAS,the Planning Commission held a public hearing on the proposed ordinance amendment on April
15,2026,and recommended approval of the ordinance amendment; and
WHEREAS, the Frederick County Board of Supervisors held a public hearing on this proposed ordinance
amendment on May 13,2026;
NOW,THEREFORE,BE rr OBTAINED by the Frederick County Board of Supervisors,that in the interest
of public health, safety, general welfare, and good zoning practice, the amendment to Chapter 144 —
Subdivision Ordinance to reorganize the chapter, to remove any redundant and conflicting language, and to
convert narrative standards into tables and graphics, and where appropriate to add or modify provisions and
references from Chapter 22 of Title 15.2 of the Code of Virginia that are not codified in the current Subdivision
Ordinance.
Passed this 131h,day of May 202E by the following recorded vote:
John F. Jewell,Chairman Absent Michael D. Guevremont Aye
Albert L.Omdorff Aye Robert T. Liero Aye
Jason C.Aikens Aye Gary R.Oates Aye
Robert W. Wells Aye
A COPY ATTEST
Michael L.Bollhoefer
Frederick County Adrninirtter
No.091-26
PLANNING&COMMUNITY DEVELOPMENT
BERKLEY MEMORANDUM
GROUP
To: Frederick County Board of Supervisors
From: Caroline Vanterve, AICP, Principal Planner
Berkley Group
Date: April 29, 2026
Subject: Phase I Zoning and Subdivision Ordinance Update— Public Hearings
Frederick County has enlisted the support of Berkley Group to restructure the County's Zoning
and Subdivision Ordinances and update the provisions for compliance with the Code of Virginia.
The updated Ordinances will achieve the following:
• Provide a streamlined and user-friendly Ordinance format;
• Incorporate current Code of Virginia requirements; and
• Prepare the County to efficiently address policy items, as guided by the Comprehensive
Plan, in a future phase.
This process was initiated by County staff and serves as a technical update focused on clarity and
usability. It is considered Phase I and does not consist of policy changes (e.g., addition of zoning
districts; edits to use standards or design standards). Any and all changes made as part of Phase
I were introduced solely for compliance with the mandatory items of state code,
reorganizational purposes, or to remove redundant or conflicting provisions. Additionally,
any zoning text amendments adopted between July 2025 and February 2026 have been directly
integrated as adopted. A Phase 11 update to address policy is anticipated following completion of
the County's ongoing Comprehensive Plan update.
During the May 13, 2026 regular meeting, the Board of Supervisors will hold two public hearings
to consider the updated Zoning and Subdivision Ordinances. Consistent with Virginia law, the
Board of Supervisors will vote after each public hearing to approve, approve with amendments,
or deny the proposed Zoning and Subdivision Ordinances.
The Planning Commission recommended approval of the updated Zoning Ordinance and
approval of the updated Subdivision Ordinance following public hearings held to consider
each respective Ordinance during their regular meeting on Wednesday, April 15, 2026.
Should the Ordinances be adopted, they will be immediately effective and will repeal and replace
the existing Zoning and Subdivision Ordinances in their entirety.
CV
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Frederick County GV BERKLEY
Phase I Zoning and Subdivision Ordinance Update GROUP
Subdivision Ordinance Article Summary
No policy changes were made during the Phase 1 update.
Revisions were to limited to Code of Virginia compliance,
improved readability,and reorganization.
1. Draft Article I —General Provisions
This Article replaces the current Article I—Intent, of the current Subdivision Ordinance. It establishes the
Subdivision Ordinance;the authority of Frederick County to have and enforce a subdivision ordinance; the
purpose and intent of the subdivision ordinance; and other general provisions that allow the County to amend
the Ordinance and prevent circumvention of Ordinance requirements. Notable edits are as follows:
• New text added to § 144-101.02 to establish the authority of Frederick County to assure the orderly
subdivision of land and its development, pursuant to the Code of Virginia § 15.2-2240.
• New text added to § 144-101.05 to address filing of amendments, pursuant to the Code of Virginia §
15.2-2252.
• New text added to §§ 144-101.06, 144-101.07, and 144-101.08 to provide a severability clause and
address amendments to the Ordinance.While not required by state code, this language is necessary for
enforcement and defensibility of the Subdivision Ordinance.
• Provisions prohibiting circumvention of Ordinance standards have been added to § 144-101.09. While
not required by state code, this language is necessary for enforcement and defensibility, and matches
the County's current stance in practice.
2. Draft Article II —Administration
This Article updates and replaces the current Article Ill— General Provisions. It centralizes all administrative
provisions for easier use. Roles and responsibilities of the Subdivision Administrator are clearly provided, along
with enforcement procedures and associated fees. Revisions of note include the following:
• To comply with July 1, 2025 amendments to the Code of Virginia (§§ 15.2-2259 and 15.2-2260), various
revisions have been made. This is to formally designate the Subdivision Administrator as the
Designated Agent for Frederick County. This is also because the Planning Commission/Board of
Supervisors can no longer be involved in the review and determination of subdivision plats and plans.
• Similar to the above, the current language allowing any division of land, Subdivision Design Plan, or
Final Plat to be forwarded to the Board of Supervisors for final approval has been removed to comply
with recent state code amendments.
• New language added to § 144-202.01 regarding Ordinance enforcement to comply with the Code of
Virginia (§ 15.2-2254).
3. Draft Article III —Subdivision Standards
This Article consolidates all standards for subdivision, including access; sidewalks; open space; grading;
easements; and utilities. Revisions of note include the following:
• New language related to communications easements has been introduced in § 144-302.11 to comply
with state code requirements (§ 15.2-2241(A)(6)).
• Requirements for family division lots and rural preservation lots are currently contained in the Zoning
Ordinance as part of standards for the Rural Areas (RA) zoning district. For usability and to keep all lot
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Frederick County '@ BERKLEY
Phase I Zoning and Subdivision Ordinance Update GROUP
Subdivision Ordinance Article Summary
requirements together, they have been relocated into this Article (§§ 144-301.05 and 144-301.06).
• Various provisions from the Zoning Ordinance that are actually direct requirements for subdivision —
including motor vehicle access, street standards, interparcel connectivity, property owners' associations
(POAs), and sidewalks— have been removed from the Zoning Ordinance and relocated to this Article.
• Specific stormwater management requirements have been removed and replaced with a cross-
reference to Chapter 143, Stormwater/Erosion and Sediment Control, of the County Code. This is to
avoid redundancy and potentially conflicting requirements related to stormwater.
4. Draft Article IV— Improvements and Guaranties
This Article is the same as Article Vll—Improvements and Guaranties of the current Subdivision Ordinance, and
addresses subdivision guarantees through incorporating reference to mandatory requirements of state code
and the County's adopted Monetary Guaranty Policy and Performance Agreement Policy. The only update made
to this language is including direct reference to relevant sections of the Code of Virginia as well as the adopted
guaranty policy.
5. Draft Article V— Plats
This Article consolidates all requirements for plats currently contained in Articles IV and VI of the current
Subdivision Ordinance into a single article for ease of use and enhanced transparency. The Article is further
organized into the following Parts: General Requirements (applicable to all plats); Subdivision Design Plans;
Final Plats; and Vacations of Plats. Notable revisions include the following:
• A new Part (Part 501) has been added to establish regulations generally applicable to all plats. This
language matches what Planning and Development staff does in practice and is recommended to
improve general clarity and defensibility of the Ordinance.
• Per County staff, the Ordinance requirements for Preliminary Sketches have been removed. Subdivision
Design Plans are required for all subdivisions, except for divisions in RA districts that neither propose
the creation/extension of public roads nor require stormwater management plans. This aligns with what
County staff is requiring in practice.
• Added a requirement for the location of any mapped dam break inundation zones; graves; and/or
structures marking a burial site to be included on final plats, in accordance with Code of Virginia § 15.2-
2258. Developers will further be required to supply an engineering study if a development lies within a
dam break inundation zone (Code of Virginia § 15.2-2243.1).
• Introduced a requirement for plat details to meet the standard for plats as adopted under the Virginia
Public Records Act. This is to comply with state code (§ 15.2-2241(A)(1)).
• Increased the amount of time for a final plat to be filed by the County from six months to one year, in
order to align with the timeframes established in state code (§ 15.2-2260).
• In lieu of including lengthy requirements regarding the review, resubmittal, and approval of preliminary
sketches, subdivision design plans, and final plats, propose truncating language and simply referencing
the pertinent sections of state code in various sections.
• Introduced new language to comply with state code requirements for plat recording into § 144-504.05.
These state code sections include §§ 15.2-2254, 15.2-2241, 15.2-2261, and 15.2-2265.
• A new part (Part 505) has been added to bring the Subdivision Ordinance into compliance with
multiple sections of the Code of Virginia regarding the vacation of recorded plats and boundary lines.
6. Draft Article VI — Definitions
Draft Article VI, Definitions, is a reorganized and updated version of Article ll—Definitions of the current
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Frederick County GW BERKLEY
Phase I Zoning and Subdivision Ordinance Update GROUP
Subdivision Ordinance Article Summary
Ordinance. As a best practice for usability and administration, Berkley Group recommends continuing to
include a standalone article for terms and definitions. Continued on the following page.
Revisions of note include the following:
• 144-601.01 and 144-601.02. contain new administrative (non-policy) language, which is recommended to
assist County staff with enforcement and administration of the Ordinance.
Several definitions have been updated to align with definitions used in the Zoning Ordinance to avoid
conflicts between the way the same terms are defined. Examples include "contiguous", "development",
"easement", "lot", "lot of record", "master development plan", and "street".
Several definitions have been added or updated to align with state code. Examples include
"Comprehensive Plan", "Designated Agent", and "immediate family".
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UBDIVISION ORDIN NCE
Adopted DATE, 2026
Effective DATE, 2026
Amended DATE
CHAPTER 144 1 FREDERICK COUNTY SUBDIVISION ORDINANCE
Table of Contents
ArticleI. General Provisions..................................................................................................... I-1
Part101. General. .....................................................................................................................I-1
Section 144-101.01. Title......................................................................................................1-1
Section 144-101.02.Authority. .............................................................................................1-1
Section 144-101.03. Purpose and Intent. ..............................................................................1-1
Section 144-101.04.Applicability.........................................................................................1-1
Section 144-101.05. Recording of Ordinance.......................................................................1-2
Section 144-101.06.Amendments........................................... ..........................................1-2
Section 144-101.07. Repeal. ............................................. ..............................................1-2
Section 144-101.08. Severability. .............................. ............... .......................................1-2
Section 144-101.09. Circumvention. .................. ........................... ..................................1-2
Section 144-101.10. Variations, Exceptions, and App als....................................................1-2
Part 102. Transition of Regulations After Adoption. ..... .......................................................1-2
Section 144-102.01. Effective Date of Ordinanc . ........................................................1-2
Section 144-102.02. Violations Con inue. .. .......................................................................1-3
Article II.Administration...... ........... ............. ...................................................................II-1
Part 201. Subdivision Administra r....................................................................................... 11-1
Section 144-201.0` Appoi enwers, and Duties. ....................................................11-1
Part202. Enforcement .............. ..........................................................................................11-1
Section 144-202.01. Enforc ment....................................................................................... 11-1
Section 144-202.02. Violation and Penalty......................................................................... 11-2
Part203. Fees..........................................................................................................................11-2
Section 144-203.01. Fees and Charges. .............................................................................. 11-2
Article III. Subdivision Standards.........................................................................................III-1
Part 301. Subdivision Types...................................................................................................111-1
Section 144-301.01. General Subdivisions........................................................................111-1
Section 144-301.02. Minor Rural Subdivisions.................................................................111-1
Section 144-301.03. Major Rural Subdivisions.................................................................111-1
Section 144-301.04. Boundary Line Adjustments.............................................................111-1
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CHAPTER 144 1 FREDERICK COUNTY SUBDIVISION ORDINANCE
Section 144-301.05. Family Subdivisions. ........................................................................III-2
Section 144-301.06. Rural Preservation Lots. ...................................................................III-2
Part 302. General Design Standards. .....................................................................................III-3
Section 144-302.01. Conformity to Plans and Regulations...............................................III-3
Section 144-302.02. Lots. ..................................................................................................III-3
Section 144-302.03. Remnants. .........................................................................................III-4
Section 144-302.04. Frontage............................................................................................III-4
Section 144-302.05. General Access. ................................................................................III-4
Section 144-302.06. Motor Vehicle Access. ......................................................................III-5
Section 144-302.07. Streets; Sidewalks............................... ..........................................III-8
Section 144-302.08. Open Space.................................. ..... ......................................III-14
Section 144-302.09. Grading Requirements.......... ..........
..................
III-15
Section 144-302.10. Monuments and Markers ......... ......... ............................III-15
Section 144-302.11. Easements. ............................. .....................................................III-15
Section 144-302.12. Utilities. ................ .... .......... ..............................................III-16
Section 144-302.13. Environmental Features and Protections. .......................................III-16
Section 144-302.14. Property Owner 'Asso iation (POA). ...........................................III-19
Section 144-302.15. Obliga on of Impr ments...........................................................III-22
Article IV. Improvement and Guaranties. ...........................................................................IV 1
Part401. General. ................. ..........................................................................................IV-I
Section 144-401.01. General Requirements. .....................................................................IV-I
ArticleV. Plats...................... .................................................................................................. V-1
Part 501. General Requirements. .............................................................................................V-I
Section 144-501.01.Approval Required Before Sale..........................................................V-1
Section 144-501.02. Subdivision Name...............................................................................V-1
Section 144-501.03. Changes to Plat...................................................................................V-1
Section 144-501.04. Separate Ownership............................................................................V-1
Section 144-501.05. Deed of Dedication.............................................................................V-1
Part 502. Subdivision Design Plans (SDPs). ...........................................................................V-2
Section 144-502.01.Applicability........................................................................................V-2
Section 144-502.02. Subdivision Design Plan Requirements. ............................................V-2
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CHAPTER 144 1 FREDERICK COUNTY SUBDIVISION ORDINANCE
Section 144-502.03. Subdivision Design Plan Submission.................................................V-4
Section 144-502.04. Subdivision Design Plan Review........................................................V-5
Part503. Final Plats.................................................................................................................V-5
Section 144-503.01.Applicability........................................................................................V-5
Section 144-503.02. Final Plat Requirements......................................................................V-5
Section 144-503.03. Final Plat Submission.........................................................................V-9
Section 144-503.04. Final Plat Review................................................................................V-9
Section 144-503.05. Recording..........................................................................................V-10
Part 504. Vacation of Plats.....................................................................................................V-10
Section 144-504.01. Vacation. ............................................. ..........................................V-10
Article VI. Definitions.......................................................... ..... ........................................VI-1
Part601. Word Usage. ............................................... ................... ------......----------........VI-1
Section 144-601.01. General............................ ......... .................................................VI-1
Section 144-601.02. List of Abbreviations. ............ .......................................................VI-1
Part 602. General Terms----------------------------- ---- .......... ................................................VI-2
Section 144-602.01. General.-- ......
VI-2
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CHAPTER 144 1 FREDERICK COUNTY SUBDIVISION ORDINANCE
Article I. General Provisions.
Part 101. General.
Section 144-101.01. Title.
This Chapter,the full title of which is"The Subdivision Ordinance of Frederick County,Virginia,"shall
be permitted, for convenience, to be referred to as the "Subdivision Ordinance," "Ordinance," or
"Chapter."
Section 144-101.02. Authority.
Pursuant to the Code of Virginia, § 15.2-2240,et seq.,Frederick County,Virginia is given the authority
to assure the orderly subdivision of land and its development.
Section 144-101.03. Purpose and Intent.
A. The purpose of this Ordinance is to establish subdivisi n standards o assist in the orderly,
efficient,and integrated development of land.Thes standards are further intended to:
(1) Promote appropriate development practices;
(2) Ensure conformance with the adopted Frederick C unty Comprehensive Plan and Frederick
County Code;
(3) Provide for the public's health safety, c nvemence, comfort,prosperity, and general welfare;
and
(4) Guide public and priva action t ure efficient systems for transportation,water,
sewerage,fire protection, d inage,erosion control,recreation,open space,and other services
to promote a stable and econo ically sound community.
B. This Ordinance hall establish easonable survey standards to ensure proper subdivision layout,
appropriate recorda ion of all and divisions,clear legal descriptions,monument placement on
urban land,and approp iat procedures and standards for land development.
Section 144-101.04. Applicability.
A. Subdivision Plats.All land divisions shall require the submittal of a subdivision plat for review
and approval prior to recordation.
(1) All subdivisions shall be required to submit a Subdivision Design Plan(SDP)prior to
recordation or land disturbance,in accordance with Article IV,Part 502,of this Ordinance.
(2) SDP approval shall not be required for Boundary Line Adjustments(BLAB),Minor Rural
Subdivisions,or Lot Consolidations.
B. Master Development Plan (MDP).Unless specifically waived or exempted under Article III,
Permits and Applications,of Chapter 165,Zoning,all subdivisions of land shall require an
approved MDP,which shall conform with all requirements of Article III,Permits and
Applications,of Chapter 165,Zoning,of the Frederick County Code.
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CHAPTER 144 1 FREDERICK COUNTY SUBDIVISION ORDINANCE
Section 144-101.05. Recording of Ordinance.
A certified copy of the adopted Subdivision Ordinance and any and all amendments thereto shall be
filed in accordance with Code of Virginia § 15.2-2252.
Section 144-101.06. Amendments.
Amendments to this Ordinance shall be made in accordance with Code of Virginia§§ 15.2-2251, 15.2-
2253,and 15.2-2285 after public hearing held in accordance with Code of Virginia § 15.2-2204.
Section 144-101.07. Repeal.
Upon the adoption of this Ordinance,all prior Subdivision Ordinances adopted by the Frederick County
Board of Supervisors are hereby repealed.
Section 144-101.08. Severability.
If any section,subsection,paragraph,sentence,clause,or phrase of this chapter shall be declared invalid
for any reason whatever, such decision shall not affect the remaini g portions of this Ordinance. The
remaining portions shall remain in full force and effect; and, for this purpose, the provisions of this
Ordinance are hereby declared to be severable.
Section 144-101.09. Circumvention.
A. The following shall be prohibited: y-
(1) The development of multiple adjoinin Mino r Major Rural Subdivisions,over any amount
of time,for the purpose of circumventing s bdivision requirements;
(2) The development of mult ple adj ining M jor Rural Subdivisions,for the purpose of
circumventing preliminary plat equirements; and
(3) Creative or unconventional of layout,for the purpose of circumventing design requirements.
Section 144-10 1.JfVariations, Exceptions, and Appeals.
A. Appeals to any dec ions mad by the Subdivision Administrator regarding the requirements of
this Ordinance shall b in a cordance with Code of Virginia § 15.2-2259.
B. Variations in or exceptions to the provisions of this Ordinance may be granted by the Board of
Supervisors in cases of unusual situations or when strict adherence to the general regulations
would result in substantial injustice or hardship.
Part 102. Transition of Regulations After Adoption.
Section 144-102.01. Effective Date of Ordinance.
This Ordinance was adopted on May 13,2026 and became effective at 12:01 a.m.on May 14,2026.Its
provisions shall be in force until repealed or amended.
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CHAPTER 144 1 FREDERICK COUNTY SUBDIVISION ORDINANCE
Section 144-102.02. Violations Continue.
Any development or activity in violation of the previous Subdivision Ordinance will continue to be a
violation under this Ordinance unless the development or activity is brought into compliance with the
provisions of this Ordinance.
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CHAPTER 144 1 FREDERICK COUNTY SUBDIVISION ORDINANCE
Article II. Administration.
Part 201. Subdivision Administrator.
Section 144-201.01. Appointment, Powers, and Duties.
A. A Subdivision Administrator shall be appointed by the County and entrusted to enact,administer,
and enforce the requirements of this Ordinance.
(1) For the purposes of this Ordinance,the Subdivision Administrator shall serve as the
Designated Agent for Frederick County in accordance with Code of Virginia § 15.2-2259.
B. The Subdivision Administrator shall have the power and duties as are conferred by this
Ordinance,including the authority to:
(1) Administratively approve or disapprove any divisions o 1 nd in the RA(Rural Areas)zoning
district and any divisions of land in all other zoning districts at are within an approved
MDP; and
(2) Make interpretations concerning the applica on of th requirements of this Ordinance.
Part 202. Enforcement.
Section 144-202.01. Enforcement.
A. As provided in Code of Virgin a § 15 2-2254 the following applies:
AV
(1) No person shall subdiv de land ith ut making and recording a Final Plat of the subdivision
and without fully complyi g with the provisions of the Code of Virginia and this Ordinance.
(2) No Final Plat f any su divisio shall be recorded unless and until it has been submitted to
and approv d by the Subd vision Administrator in accordance with the provisions of this
Ordinance.
(3) No person shall sell o transfer any land of a subdivision,before a Final Plat has been duly
approved and recorded as provided by this Ordinance,unless the subdivision was lawfully
created prior to the adoption of a subdivision ordinance.
(4) Nothing contained in this Ordinance shall be construed as preventing the recordation of the
instrument by which such land is transferred or the passage of title as between the parties to
the instrument.
(5) As of the effective date of this Ordinance,the clerk of the Circuit Court shall not file or
record a Final Plat of a subdivision until such plat has been approved as required by this
Article.
i. The penalties provided by Code of Virginia § 17.1-223 shall apply to any failure to
comply with the provisions of this Section.
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CHAPTER 144 1 FREDERICK COUNTY SUBDIVISION ORDINANCE
Section 144-202.02. Violation and Penalty.
A. All land divisions requiring subdivision approval shall conform to the provisions of this
Ordinance.
B. Any person(s),firm or corporation,whether owner,lessee,principal,agent,employee,or
otherwise,who violates any provision of this Ordinance shall be guilty of a misdemeanor.
(1) Upon conviction of such misdemeanor,such person(s),firm,or corporation shall be subject to
punishment by a fine of not more than $500 for each lot or parcel of land so subdivided,
transferred or sold.
C. The description of the lot or parcel by metes and bounds in the instrument of transfer or other
document used in the process of selling or transferring shall not exempt the transaction from the
penalties or remedies herein provided.
Part 203. Fees.
Section 144-203.01. Fees and Charges.
The Board of Supervisors,by resolution, may establi h a schedule of fees'for the application,review,
and inspection of subdivision plans. A public herrin sha 1 be required prior to the adoption of a
schedule of fees.
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CHAPTER 144 1 FREDERICK COUNTY SUBDIVISION ORDINANCE
Article III. Subdivision Standards.
Part 301. Subdivision Types.
Section 144-301.01. General Subdivisions.
A. General subdivisions shall be any division of land into at least two(2)lots not defined as one of
the following:
(1) Minor Rural Subdivisions;
(2) Major Rural Subdivisions;
(3) Boundary Line Adjustments; or
(4) Family divisions.
Section 144-301.02. Minor Rural Subdivisions.
A. Applicability.Minor rural subdivisions shall be an subdivision whesults in a cumulative
total of three (3)or fewer lots being divided from a singl parent parcel within the RA Zoning
District.
B. Lot Types Permitted.In addition to trad do at lots,the division of the following types of lots are
permitted under the regulations for a Mino Rura S bdivision:
(1) Lots described by Section 1 4-301.05.,Family Subdivisions,of this Ordinance; and
(2) Lots described in Secti n 144-301.06.,Ru at Preservation Lots,provided that a total of no
more than three (3) such ots may be created from any one (1)parcel under these regulations.
Section 144-301.03 Major Rural Subdivisions.
A. Applicability.M jor rural sub ivisions shall be any subdivision which results in a cumulative
total of four(4)or more lots being divided from a single parent parcel within the RA Zoning
District.
(1) Lots described in Section 144-301.05.,Family Subdivision,of this Ordinance, shall not count
toward the limit established in A., above.
(2) Prior to review and approval of final plats for such divisions,a SDP must be reviewed and
approved by the Subdivision Administrator,in accordance with Article V,Part 502 of this
Ordinance.
Section 144-301.04. Boundary Line Adjustments.
Any Boundary Line Adjustments(BLAB)or lot consolidations between contiguous properties shall be
reviewed and approved by the Subdivision Administrator.
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CHAPTER 144 1 FREDERICK COUNTY SUBDIVISION ORDINANCE
Section 144-301.05. Family Subdivisions.
A. Applicability.Family division lots are subdivisions of land for simultaneous conveyance to a
member of the immediate family as defined in Article VI,Definitions,of this Ordinance and
Code of Virginia § 15.2-2244.
B. Family Division Lots.On any parcel which contained seven(7)acres or more prior to December
11, 1991,lots as small as two (2) acres may be created,provided that the following conditions are
met:
(1) Lots are conveyed to immediate family members of the owner of record of the parent tract.
I. The conveyed lot(s) shall remain with the family member for a period of five (5)years
from the date of the creation of the family lot.
ii. Only one (1) such lot shall be permitted per immediate family member.
(2) One (1)parcel of at least five (5)acres in size shall remai 'intact following the division.
(3) The creation of all such lots shall be in accordance with the p ovisions of this Ordinance and
§ 15.2-2244 of the Code of Virginia.
Section 144-301.06. Rural Preservation Lots.
A. Rural preservation lots shall be permitted in the RA Z ning District in accordance with Article IV,
Primary Zoning Districts,of Chapter 165 Zoning of the Frederick County Code, and provided
all of the following are achieved:
(1) At least 60%of the parent act s all rem in intact as a contiguous parcel (Rural Preservation
Tract),the acreage of which shal be desig ated prior to the division of the fourth lot.
(2) No future division of this de gnated Rural Preservation Tract shall be permitted,other than
for the widenin of e isting DOT road rights-of-way or public utility dedications,unless all
the following are met:
I. The divisi n results in an overall acreage increase to the Rural Preservation Tract;
ii. Acreage added o the preservation tract may come from areas internal or external to the
rural preservation subdivision;
iii. Acreage from the preservation tract may not be adjusted into parcels outside of the rural
preservation subdivision; and
iv. The Rural Preservation Tract continues to meet all requirements of this Ordinance and
Chapter 165,Zoning,of the Frederick County Code.
(3) In cases where excessive topography or other natural features of a site create a situation
where a higher quality subdivision design,resulting in less physical and/or visual disruption,
could be achieved by allowing two(2)residual parcels to be created,the Subdivision
Administrator may permit the 60%to be made up of two (2)parcels.
(4) Board of Supervisors Waiver of Division Restriction -Rezoning.
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CHAPTER 144 1 FREDERICK COUNTY SUBDIVISION ORDINANCE
I. The designated Rural Preservation Tract may be released from the restrictions ofA(1),
above,after a period of 10 years from its creation through the rezoning process.
ii. The rezoning shall be consistent with the goals of the adopted Frederick County
Comprehensive Plan in effect at the time of the rezoning application.
iii. The designated Rural Preservation Tract which is within the Urban Development Area
(UDA) at the time of its creation,or is included within the UDA as a result of a future
expansion of the UDA, shall be eligible for rezoning at that point and shall not be subject
to the ten-year restriction on rezoning.
Part 302. General Design Standards.
Section 144-302.01. Conformity to Plans and Regulations.
A. The design of and physical improvements to a property being ubdivided shall be constructed and
installed in accordance with the requirements of this Ordin nc and as depicted on the approved
SDP.
B. All subdivisions shall conform to the requirements f:
(1) The Frederick County Code;
(2) Policies set forth in the County's Comprehensive P an; and
(3) If applicable,the approved MDP for the land ing subdivided.
C. This Ordinance establishes regul ns gove ing the minimum requirements for the submission,
review,disposition,and reco dation o subdiv lion plans and plats. Design standards and
installation procedures for 11 requi d i provements are provided,along with requirements for
the layout and arrangement of 1 lots, streets,easements, and drainage areas.
D. Any subdivisions or development within subdivisions shall comply with all applicable
requirements of Chapter 165, oning, of the Frederick County Code.
Section 144-302.02. Lo s.
A. All lots shall be established and arranged so that no foreseeable difficulties will occur in
providing and constructing allowed uses on any lot due to lot size, shape,topography,or other
conditions.
B. The dimensions of all lots shall conform with the requirements of Chapter 165,Zoning,of the
Frederick County Code,concerning lot area,minimum lot width, setbacks,and other dimensional
requirements.
(1) Insofar as practical, side lot lines shall be at right angles to straight front lot lines or radial to
curved front lot lines.
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CHAPTER 144 1 FREDERICK COUNTY SUBDIVISION ORDINANCE
Section 144-302.03. Remnants.
No remnants shall remain after establishing lots.All land on the final subdivision plat shall be contained
in lots, streets, or common open space.All parcels of land on the final subdivision plat shall meet the
requirements for those uses as specified in the Frederick County Code.
Section 144-302.04. Frontage.
A. Corner lots with public street frontage on two(2) adjacent sides shall be allowed.
B. Double-frontage lots with public street frontage on two(2)streets that do not intersect at the lot
shall be avoided,except where required to prevent direct access to collector or arterial streets.
C. Lots with public street frontage on more than two(2) sides are prohibited.
Section 144-302.05. General Access.
A. General.
(1) All lots shall abut and have direct access to a public s reet or ROW dedicated for maintenance
by VDOT,except as otherwise provided in B.,below.
(2) All new lots created on collector or arterial r ads shall meet the req irements regarding
minimum driveway spacing as specified in Sec ion 144-302.06,below.
I. Any lot created that cannot meet these requirem nts shall provide easements for shared
access that will be reviewed for approval t the SDP or Final Plat review stage.
(3) Whenever a proposed subdivi ion conta n or is adjacent to an existing or recorded arterial
street,the Subdivision Administr for may require road improvements, such as acceleration
and deceleration lanes, service ives approximately parallel to such ROW,reverse frontage
lots with buffers and scre i g along a nonaccess strip at the back of the lots,deep lots,or
other such treatments s may e necessary to adequately protect residential properties and
provide sep ation of thr ugh and local traffic.The design of such features shall be
determined b sed on traffi safety considerations.
B. Exempt.
(1) Lots in subdivisions to be used for the following housing types, as defined by Chapter 165,
Zoning,of the Frederick County Code, are exempt from the requirement to abut public
streets:
I. Duplexes;
ii. Multiplexes;
iii. Atrium Houses;
iv. Townhouses;
v. Weak-link Townhouses;
vi. Garden Apartments;
vii. Single-Family Small Lot Housing; and
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CHAPTER 144 1 FREDERICK COUNTY SUBDIVISION ORDINANCE
viii.Age-Restricted Multifamily Housing.
(2) When such lots do not abut public streets,they shall abut private roads,parking lots,or access
easements.
I. The length and extent of private roads,driveways,and parking aisles providing access to
lots shall be minimized. Public streets shall be provided in larger subdivisions when
substantial distances are involved.
ii. Individual lots shall be no more than 1,000 feet from a state-maintained road, as
measured from the public street along the private access road.The Board of Supervisors
may allow lots to be located as much as 1,200 feet from a state-maintained road in cases
where enhanced circulation is provided with a driveway loop.
(3) The Board of Supervisors may waive the public street requirement specified in A., above,to
allow for a complete system of private streets within proff, age-restricted communities.
I. This waiver may be requested by the applicant during he consideration of a rezoning
application or during MDP consideration.
ii. The applicant is required to provide a conc ptual design whic demonstrates the
proposed private street system layout an provid both the cross section(horizontal and
vertical) section dimensional base and pave nt detail that meets or exceeds VDOT
standards as a condition of reque ting waiver approval.
Section 144-302.06. Motor Vehicle Acc ss.
A. General.Private driveways or entrances sha be allowed to provide access to individual
residences or uses or parking lots an loading real shared by several residences or uses.
B. Applicability.
(1) In order to pro ide safe nd co venient access and to provide efficient travel on arterial
hlghways, immum spac g requirements are herein established and shall apply to the
following:
I. New driveway an entrances onto collector roads,arterial highways,and primary
highways,in the B1,B2,B3,TM,M1,and M2 zoning districts;
ii. Any business,industrial or institutional use in any zoning district;
iii. Any residential development in which more than one dwelling shares a parking lot;
iv. All zoning districts between new residential driveways and commercial entrances onto
collector roads, arterial highways, and primary highways; and
v. All zoning districts between the intersections of other roads with such collector roads,
arterial highways,and primary highways; and
vi. Divided or developed lots that have been included together on an approved MDP,site
plan or subdivision plat,provided shared access is provided in accordance with F.,below.
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CHAPTER 144 l FREDERICK COUNTY SUBDIVISION ORDINANCE
(2) No new lot shall be created on any state-maintained road unless spacing requirements can be
met for driveways/entrances on the lot or unless access is provided through shared or existing
access.
C. Minimum Spacing Requirements.
Table 111-1.Minimum r s Driveway, r u rercial Entrance andi ri Spacing
on Primary Highways, Highways, it Collector ' rr
Road Classification Minimum Required Spacing
Minor Collector 100
Residential 150
Major Collector Driveway/Entrance
Commercial Entrance 250
Posted Speed Limit 45 250
Primary or Arterial mph or less -
Posted Speed Limit over 495
45 mph
(1) In all cases,the spacing distances established in T le III-1, above,shall be measured from
the tangents to the curb return of the drive ays or int rsecting streets.
D. General Requirements for Driveways an Entrances.
(1) No more than one(1)dri eway o entran a shall be allowed per parcel unless each
driveway/entrance from the par el separately meets the spacing requirements,relative to each
other and relative to any i to sections within the minimum required spacing distance in all
directions.
(2) All drivew ys and entrant s onto state-maintained highways shall meet all requirements of
VDOT,includ g road im rovement plans or corridor plans, and all other requirements of the
Frederick County Code including road improvement plans or corridor plans.
(3) New driveways and entrances shall align with existing or planned driveways,crossovers,turn
lanes or other access features.This shall only be required if the resulting alignment provides
safe access.
E. Existing Access..
(1) When a lot abuts a minor or collector street that intersects with the arterial or primary
highway,and when the lot cannot be provided with an entrance onto the arterial or primary
highway that meets the spacing requirement,access to the lot shall be only from the existing
entrance on the minor or collector street.
i. New entrances directly onto the arterial or primary highway shall be prohibited.
F. Shared Access.
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CHAPTER 144 1 FREDERICK COUNTY SUBDIVISION ORDINANCE
(1) If a lot is divided or developed and cannot meet the required minimum spacing,but abuts a
lot with shared access meeting those requirements,the new lot shall not be permitted to have
a direct entrance onto the arterial or primary highway.
(2) When a lot is created on a collector road or arterial or primary highway, shared means of
access to the road or highway shall be created by access easement, shared driveway, shared
entrance,or other means acceptable to the Subdivision Administrator to ensure that the
spacing requirements have been met.
I. The Subdivision Administrator may require a deed of dedication describing provisions
for joint use and maintenance of that easement.Provisions for shared entrance signs may
also be required.
ii. Shared access easements shall be provided in a manner so that shared driveways are
clearly separated from parking areas,loading areas and pedestrian walkways.
iii. Shared access easements that follow lot lines are p ed.
G. Minor Rural Subdivision Access Requirements.Ve ar ac to Minor Rural Subdivisions
may be provided by means of shared private driveways.
(1) The minimum ROW width for a shared prime. c dn*vo^ shall be 50 feet to a public street or
ROW dedicated for maintenance by VDOT.
(2) For the purposes of family division 1 ts, he minimu ROW width for a shared private
driveway shall be 20 feet to a public s eet or R W dedicated for maintenance by VDOT.
(3) The owners of lots provided wi access is such driveways shall be responsible for the
improvement and maint nance o said dri eways.
(4) When shared driveways re a ed,the Subdivision Administrator shall be provided with
copies of the deed f transf r which shall contain the following language:
I. "The pr posed share private driveway is not built according to street standards of and
will not b maintained by the VDOT or the County of Frederick.The improvement and
maintenance f said riveway shall be the sole responsibility of the owners of lots which
are provided wi access via the driveway. Said shared private driveways will not be
considered for inclusion into the state secondary system until they meet the applicable
construction standards of VDOT The cost of bringing said driveways to acceptable
standards shall not be borne by VDOT nor by Frederick County."
H. Internal Circulation.
(1) A complete system of internal traffic circulation shall be provided to serve all uses in any
development included in a single MDP, site plan,or subdivision plat approved by Frederick
County.
(2) In such developments,internal access shall be provided in a fashion so that all uses can be
mutually accessed without entering onto arterial or primary highways. In such cases,a pattern
of internal circulation shall be designed to ensure that conflicts are avoided between moving
vehicles,parking areas,pedestrian areas,loading areas and the various uses provided.
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CHAPTER 144 1 FREDERICK COUNTY SUBDIVISION ORDINANCE
I. Fire Lanes.Fire lanes shall be required as set forth in Chapter 90,Fire Prevention and Protection,
of the Frederick County Code.
J. Alternative Methods.
(1) The Subdivision Administrator may allow other means of motor vehicle access which do not
meet the requirements listed in this Section above. Such means may involve the use of
entrances which physically limit or restrict left turns (such as a right-in/right-out only
entrance),methods which ensure one-way travel or other methods.
(2) In such cases,the Subdivision Administrator may require a traffic access plan which
describes existing traffic,conditions and design on the streets abutting the site and the
methods proposed to ensure that the intent of this Section has been met.
(3) Requested alternative methods of motor vehicle access which do not meet the minimum
requirements established in this Part must be approved by VDOT prior to approval by the
Subdivision Administrator.
(4) The Subdivision Administrator may permit entrances/drivew ys that do not meet the
minimum spacing requirements if they are utiliz d solely for em rgency access and are not
open to the public; such entrances must be ga ed or clr fined.
Section 144-302.07. Streets; Sidewalks.
A. Public Streets.The following standards re in nded to e sure that an adequate network of
streets is created which provides multiple access poin to subdivisions.
(1) All proposed subdivision s eets hall be public streets dedicated to Frederick County for
eventual acceptance int the stat seconda y road system and shall meet the following design
standards, as well as the ubdi ision st et requirements of VDOT.Where conflicts occur,the
more restrictive re uiremen shall apply.
i. Streets Prior to Sta Acceptance.
a. No res dence shal be occupied within an approved subdivision to contain state-
maintained stre s until the portion of the street serving that residence is provided
with a compacted California Bearing Ratio (CBR)base material and a prime-and-
single-seal surface.If the developer cannot prime and single seal the street surface
due to weather conditions,occupancy permits may be issued if an appropriate letter
of credit or bond for no longer than four(4)months is issued to the County to cover
all costs associated with stripping and recompaction of the CBR base and providing a
prime-and-single-seal surface.
b. The developer shall be responsible for maintenance and snow removal until the street
is accepted into the state road system. Snow removal from all streets that serve
residences shall be undertaken whenever VDOT removes snow from state-
maintained roads.
ii. Street Layout.The layout,width,grade,design and location of all streets shall conform
to the approved final MDP,the standards contained in the Frederick County
Comprehensive Plan,VDOT requirements,and the following regulations:
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CHAPTER 144 1 FREDERICK COUNTY SUBDIVISION ORDINANCE
a. Residential streets shall be laid out to discourage through traffic.New residential lots
shall not have direct vehicle access to roads defined as major collector or arterial by
the Frederick County Comprehensive Plan or VDOT.
b. Where no lots front on the road,the Subdivision Administrator may require the
design and grading of the ROW to conform to VDOT standards with a minimum of
temporary or permanent seeding.
iii. Interparcel Connectivity.Provisions shall be made for the continuation of planned,
existing,or platted streets on adjoining lots.The design of such streets shall be
coordinated in terms of location,width,grades, and drainage.
a. Such continuations shall be made to provide access to adjoining lots,to provide for
streets identified in the Comprehensive Plan and to provide for safe and adequate
traffic patterns and access. Such continuations may not be appropriate where they
provide for access between substantially different uses or where they will result in
adverse traffic impacts on existing neighborho ds r existing traffic patterns and
access.
b. All interparcel connectors,whether public or private, shall be built to VDOT
standards.
c. If adjoining lots are developed or have ha a subdivision plat approved,the
connecting street shall coord pate with the ex sting or platted streets in the adjoining
lot.
d. If an adjoining lot is and velope the location of the connecting street shall be as
shown on the MDR
e. The requirement or nterparcel connector streets may be waived by the Board of
Supervi ors, f the B and finds that:
(11"A connector s reet to an adjoining lot is not likely to be needed;
(ii).Th connecto street would be required to be placed in a location which is
imprac ica for location of a street;
(iii). An adjoining undeveloped lot is not likely to be developed in a manner to make
a connector street necessary or appropriate; or
(iv). Other good cause shown by the applicant not contrary to good planning policy.
iv. Street Names.Prior to filing a plat for approval,proposed street names shall be reviewed
and approved by the Subdivision Administrator.
a. Proposed street names shall not duplicate or approximate phonetically the names of
existing or recorded streets in the County or the City of Winchester unless the
proposed street is a continuation of an existing or platted street.
v. Intersections. Streets shall intersect at approximately right angles.
a. The Board of Supervisors may allow intersections of lesser angles. However,in no
case shall a street intersect another at an angle of less than 80°.
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CHAPTER 144 1 FREDERICK COUNTY SUBDIVISION ORDINANCE
b. No more than two(2) streets shall intersect at the same point.
c. Wherever possible,the intersection of two(2) streets on the opposite sides of a street
shall be cross intersections.The center-line offsets of local or collector streets not at
cross intersections shall be no less than 300 feet.
(i). Any street intersecting with an arterial street shall have a minimum center-line
offset of 800 feet from any other street intersecting that same arterial street.
(ii).Distances shall be measured from center line to center line of the two(2)
intersecting streets along the center line of said arterial street.
vi. Expansion of Existing Right-of-Way(ROW).Whenever a property proposed for
subdivision or development abuts one (1) side of an existing or platted public street,the
subdivider or developer shall dedicate half(1/2)of the total ROW necessary to meet the
ROW width standards for the street as contained in this Ordinance or for future expansion
of the street as determined by VDOT or Frederick C my.
a. Any required setbacks or buffers shall be measured fr in the edge of this dedicated
ROW.
vii. Cul-de-sacs.
a. A permanent cul-de-sac shall not exceed 000 feet in length unless required by
VDOT standards for connec vi y
(i). The turnaround provided s all have a OW radius of not less than 50 feet and a
paved radius of not ess than 45 feet.
(ii).The Board of Super isors may waive this requirement in cases where extreme
topography o other factors make it impractical.
(iii). L op stre is are preferred to a cul-de-sac,where possible.
(iv) In no case sh 11 the street serve more than 25 lots.
b. Any stre t dead- nded for access to an adjoining property or because of approved
stage devel ment,which is over 200 feet in length, shall be provided with a
temporary,all-weather, 50-foot turnaround.
(i). The plan shall note that the land outside of the normal street ROW shall revert to
the adjoining landowners whenever the street is continued.
(ii).A temporary cul-de-sac used to accommodate approved phasing or to provide
access to adjoining properties shall not be restricted in length to the 1,000-foot
maximum requirement for a cul-de-sac.
(iii). The length of any temporary cul-de-sac shall not exceed the length specified by
the phasing plan on an approved MDR
viii.Reserve Strips.Reserved-land spite strips, serving solely to restrict access to existing or
planned streets, are prohibited,provided that nothing herein shall prohibit areas for
planting and landscaping where adequate access is otherwise available.
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CHAPTER 144 1 FREDERICK COUNTY SUBDIVISION ORDINANCE
ix. Grades. Street grades shall not exceed 10% on local streets or 8%on collector streets.
a. Ditches on grades greater than 5% shall be properly stabilized to prevent erosion and
ensure positive drainage.
b. Catch basins shall be installed where required under the current VDOT standards.
x. Widths.The ROW width for streets shall conform to the Frederick County
Comprehensive Plan and the requirements of xi.,Classification,below.
xi. Classification.The classification of proposed streets shall be determined by the
Frederick County Comprehensive Plan. The subdivider may be required to reserve ROWS
for and/or construct major roads as well as minor streets where applicable and construct
appropriate road improvements,bicycle and pedestrian accommodations and access
points.
a. Local Street. Minimum ROW width shall be 55 fe t(with curb and gutter, and
pedestrian accommodation on both sides)or as e uired by VDOT standards.
b. Minor Collector. Minimum ROW shall be 60 feet(wit curb and gutter, and
pedestrian accommodation on both sid s)or as required by VDOT standards.
c. Major Collector Minimum ROW req irem nts and roadway design shall reflect the
future roadway classification as designat d by the Comprehensive Plan(including
total number of lanes,media s, urb and gu er, and pedestrian accommodations)
and/or as required by VDOT s andard
d. Minor Arterial. ROW r quireme is and roadway design shall reflect the future
roadway classification as designa d by the Comprehensive Plan (including total
number of lane medi s, b and gutter, and pedestrian accommodations) and/or as
required by VDOT tandards.
e. Maj Arterial. Minim in ROW requirements and roadway design shall reflect the
futu e roadway cl ssification as designated by the Comprehensive Plan(including
total number of lanes,medians,curb and gutter,and pedestrian accommodations)
and/or as r qui ed by VDOT standards.
(i). Controlled access with service drives shall be required.
xii. Curbs and Gutters. Curbs and gutters shall be constructed along both sides of all streets
in any subdivision containing lot(s)less than 15,000 square feet or lot widths of 80 feet or
less at the street.
a. The subdivider shall determine the curb cuts necessary for entrance locations for any
subdivision that requires curbs and gutters at the SDP stage.
b. The Subdivision Administrator may allow alternatives to curbs and gutters where it is
determined that improved stormwater management, such as reduced concentration of
peak flow for a drainage shed,would be achieved without it.
(i). Such alternatives shall only be permitted when acceptable to the Subdivision
Administrator and when approved by the Director of Public Works.
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CHAPTER 144 1 FREDERICK COUNTY SUBDIVISION ORDINANCE
c. The following are exempt from the requirements of xii.,Curbs and Gutters:
(i). Commercial and Industrial Subdivisions;
(ii).Minor Rural Subdivisions;and
(iii). Major Rural Subdivisions.
xiii.Street Signs. Street signs shall be required at all street intersections in all subdivisions.
Signs other than those conforming to typical VDOT standards may be permitted by the
Subdivision Administrator if the size and design are deemed appropriate.
a. The subdivider shall submit a maintenance plan for any sign that does not conform to
VDOT standards,which must be approved by the Subdivision Administrator.
b. No occupancy permit will be issued for any dwellings within a subdivision prior to
the placement of required street signs serving those esidences.
xiv.Streetlights.
a. Streetlights of adequate type and intensity shall be req fired to promote public health
and safety in any subdivision in the foll wing zoning dis icts:
(i). RP,Residential Performance;
(ii).R4,Residential Planned Community;
(iii). R5,Residential Recreati nal C munity; and
(iv). Residential area in MS,Me ical Support.
b. Streetlights shal be prov ded at a intersections.The design proposal for
streetlighting sh 11 be ppro d by the Subdivision Administrator.
c. Streetligh hall comply with all applicable lighting standards identified in Article
VIII Community Deve pment Standards,of Chapter 165,Zoning,of the Frederick
Cou ty Code.
d. The Board of Su ervisors may waive the requirement for streetlights.
e. The following are exempt from the requirements of xiv., Streetlights:
(i). Commercial and Industrial Subdivisions;
(ii).Minor Rural Subdivisions;and
(iii). Major Rural Subdivisions.
B. Private Streets.
(1) Private roads providing lot access to multifamily and single-family small lot housing, as
permitted in Section 144-302.05.B., above,shall be a minimum of 20 feet wide.
(2) The pavement design for the private roads shall include eight(8)inches of aggregate base
material,Type I, Size No. 21-B, and shall be paved with a 165 No.psy asphalt concrete,Type
SM-2A, surface treatment.
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CHAPTER 144 1 FREDERICK COUNTY SUBDIVISION ORDINANCE
(3) In addition,curb and gutters, standard curb CG-6,CG-7 or roll-top curb and sidewalks shall
be provided along private roads;however,the Subdivision Administrator may approve a
waiver of sidewalks on private streets,provided that another recreational amenity is
substituted for the sidewalk.
i. The Subdivision Administrator may also waive the requirement for curb and gutters and
allow alternate pavement design to accommodate low-impact design,provided that the
private road design is determined to be acceptable by the Director of Public Works.
C. Sidewalks.
(1) Sidewalks shall be installed in the ROW and adjacent to the boundary of the ROW of all
proposed and existing streets,and shall contain adequate handicapped ramps at all
intersections at intervals acceptable to VDOT.
(2) Safe pedestrian walkways shall be provided to all uses on land included in a master plan or
site plan approved by Frederick County.
i. Safe pedestrian pathways shall be provided in conforman a with adopted Comprehensive
Plan policies for present and future roadway classifications a d/or approved master
development plans..
Table HI-2.Sidewalk R q irele
Location/Street-Iype ePossible
Local Streets in subdivisions zoned RP If low-impact development techniques are
(Residential Performance),R4 Sidew ks
(Residential Planned Community) R5 fired along utilized within a project,the Subdivision
(Residential Recreational Community both sides of all Administrator may allow sidewalks to be
and residential areas i the MS local streets Placed on only one(1)side of a local
street within any residential subdivision.
(Medical Suppor)District
The Subdivision Administrator may waive
the requirement for one(1)side of a
collector road within a master planned
Collector and Arterial.Streets in any Sidewalks industrial park if:
zoning district within the Urban required along . A 14-foot asphalt pedestrian
Development Area and/or Sewer and both sides of all facility has been or will be
Water Service Area collector and constructed on the opposite sine;
arterial streets and
The sidewalk has been deemed
unnecessary along said collector
street.
(3) There shall be a minimum two(2)-foot-wide grass strip or swale between the street edge and
the sidewalk.
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CHAPTER 144 1 FREDERICK COUNTY SUBDIVISION ORDINANCE
(4) The Subdivision Administrator may waive the sidewalk requirement along local streets when
the pedestrian walkways are provided that allow pedestrian access to each lot or use. Such
walkways must provide appropriate connections to pedestrian systems throughout the
development and on adjoining properties.
(5) All sidewalks and walkways shall be a minimum of five (5)feet wide and conform to VDOT
standards.
(6) Alternative designs and construction materials for sidewalks and walkways may be approved
by the Subdivision Administrator to accommodate low-impact design,when deemed
acceptable by the Subdivision Administrator and approved by the Director of Public Works
and the Building Official.
(7) Bicycle and pedestrian facilities shall be constructed along all roadways designated by the
Frederick County Comprehensive Plan.
i. All bicycle and pedestrian facilities shall be a minim in of 10 feet in width and conform
to VDOT standards.
(8) If not located within a public road ROW, all trail shall be placed within a public access
easement and maintained by the developer and/or property owners association(POA).
(9) Major and minor rural subdivisions shall be exem t from the requirements of this subsection
C.
Section 144-302.08. Open Space.
A. Common open space required within he sub ivision shall be dedicated to a POA,which shall
own,maintain,and assume iability f r such a eas. In lieu of such dedication,the subdivider may
dedicate the open space to F deri k Coun y
(1) Such open spac will e accepted by Frederick County only with specific approval by the
Board of Su ervisors.Th Boar of Supervisors shall be under no obligation to accept such
dedication of pen space.
B. The subdivider shall s bmit a plan specifying the proposed utilization and maintenance of all
areas of a subdivision designated as open space.This plan shall be submitted with the SDP and
shall include, at a minimum:
(1) A description of the intended use of each section of common open space;
(2) Identification of the party responsible for maintaining each section; and
(3) The type and frequency of maintenance required to ensure compliance with all applicable
County Codes.
C. Where appropriate,common open space shall be free of debris and weeds and shall be graded,
stabilized, and completely improved for its intended use prior to its dedication to the POA or the
County.
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CHAPTER 144 1 FREDERICK COUNTY SUBDIVISION ORDINANCE
Section 144-302.09. Grading Requirements.
A. All grading of roads,lots and other areas shall be carried out to ensure positive drainage away
from buildings. Grading which results in the concentration or collection of water outside of
drainage easements is prohibited.
B. Individual lot grading shall be coordinated with the overall stormwater management plan of the
subdivision.
Section 144-302.10. Monuments and Markers.
A. Permanent monuments shall be placed at all corners, angles and points of curvature of all lots,
parcels and open space areas in accordance with Code of Virginia § 15.2-2241(A)(7).
(1) Monuments shall consist of iron pipes or iron rods no less than 1/2 inch nor more than one (1)
inch in diameter and no less than 18 inches in length.
i. The tops of such monuments shall be no more than r(4)inches and no less than one
(1)inch above the finished grade of the ground surface, ith a witness stake set beside
the monument identifying the corner.
ii. If a corner is located on a rock ledge, a 1 2-inch h le shall be drilled not less than six(6)
inches deep.
B. One (1)concrete monument shall be pla ed for each 50 ots or fraction thereof within a
subdivision,with a minimum of two(2) c ncrete numents in each subdivision.
(1) Such concrete monuments sh 1 be of st e or precast concrete,not less than four(4)inches
square or four(4)inches n diam er and ppropriately scribed with vertical and horizontal
controls.
Section 144-302.11. E se ents.
A. Utility Eases.All easem nts for utility lines within a subdivision shall be recorded
according to the'r,�"irements f the relevant utility companies.
B. Communications Eas me ts.In accordance with Code of Virginia § 15.2-2241(A)(6),once a
developer conveys a common or shared easement permitting electric,cable,or telephone service
to be furnished to a subdivision,the developer shall,within 30 days after written request,grant an
easement to such provider for the purpose of furnishing cable television and/or communications
services to the subdivision.
(1) This easement shall be geographically coextensive with the electric service easement,or if
only a telephone or cable easement has been granted,then coextensive with that easement.
(2) The developer and the franchised provider may agree upon an alternate easement location.
(3) Underground Utilities.All electric,telephone and cable television lines shall be installed
underground.This requirement may be waived by the Board of Supervisors for the following:
i. Subdivisions and lots in business and industrial zoning districts not requiring an approved
MDP; or
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CHAPTER 144 1 FREDERICK COUNTY SUBDIVISION ORDINANCE
ii. Subdivisions in business and industrial zoning districts that were approved prior to May
13,2026.
C. Avigation Easements.Any new residential subdivision that is located within the Airport Support
Area designated by the Frederick County Comprehensive Plan shall be required to provide an
avigation easement for the Winchester Regional Airport.
(1) This avigation easement shall be included in all deeds and shall hold harmless the Winchester
Regional Airport Authority from any lawsuit regarding noise pollution.
D. Exemptions.All major and minor rural subdivisions shall be exempt from the requirements of A.
and B.3., above.
Section 144-302.12. Utilities.
A. General.Generally,in the sewer and water service area(SWSA) designated by the Frederick
County Comprehensive Plan,or where public sewer and wate is available, such service shall be
extended by the developer to all lots within a subdivision nd t roughout the limits of the
property to adjoining properties.
(1) Such facilities shall meet all regulations and s ecifications of Fred rick Water or other
applicable federal, state or local agencies.
B. Central Sewer or Water Systems.Any person propo ing the construction of a central sewer or
water facility shall obtain a written agreement ith Frede ick Water,prior to final subdivision plat
approval,which states that said facility sha 1 bee me property of Frederick Water.
(1) Such systems shall only be cons ucted i they are in conformance with the policies set forth
in the Comprehensive Plan.
C. Private Sewage Systems. Ins Nation of privately owned sewage collection and treatment
facilities shall meet 11 th requir ments of the State Water Control Board,the Virginia
Department of Health (VDH) and any other state or local agencies having authority over such
installations.
(1) Such facilities sha 1 not e designed or utilized to serve more than one (1)residence.
D. Individual On-Lot Systems.The Subdivision Administrator shall not approve any subdivision
where a public sanitary sewer system is not provided unless a written statement from the local
Health Official is present to the effect that the area contained in each subdivided lot is satisfactory
for the installation of an on-site sewage disposal system.
(1) These requirements shall not apply to a parent tract that is part of a Minor Rural Subdivision,
so long as said parent tract remains a minimum of 20 acres after the subdivision.
Section 144-302.13. Environmental Features and Protections.
A. General.All environmental features described by Chapter 165,Zoning,of the Frederick County
Code shall be protected in subdivisions according to requirements of that Ordinance.
B. Floodplain Development.
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CHAPTER 144 1 FREDERICK COUNTY SUBDIVISION ORDINANCE
(1) Floodplains.When any stream or substantial surface drainage course is located in an area
proposed to be subdivided,provisions shall be made for an adequate floodplain easement,
encompassing the area of the 100-year flood,along the stream or drainage course for the
purpose of protecting the stream or drainage course for drainage purposes.
(2) Floodplain Study.
i. When an area proposed to be subdivided contains a stream or drainage course which has
not had the 100-year floodplain delineated by the United States Army Corps of Engineers
or the United States Geological Survey(USGS),the subdivider shall be required to show
the 100-year floodplain on the plat of the property to be subdivided.
a. The limits of such floodplain shall be located by a floodplain study prepared by a
qualified engineer or by other qualified persons or methods approved by the
Subdivision Administrator.
ii. Any proposal which would in any way alter or modi`F'an area determined to be within a
designated floodplain,must be accompanied by a floo41 in study which establishes the
impacts of such alteration or modification.
(3) Building Lots.In floodplain areas,to ensure development of lots containing sufficient land
upon which to place structures without impedi g n ural drainage, the subdivider shall
provide elevation and flood profile data as may b required by the Subdivision Administrator.
All building sites shall conform to at req irements o Chapter 165,Zoning,of the Frederick
County Code, and all building floor el vations sh 11 be a minimum of two(2)feet above the
100-year floodplain elevatio
C. Wetlands.Disturbance of wetlands i only pe mitted in accordance with the requirements of the
United States Army Corps o Engi eers o her qualified state or federal agency.
D. Erosion and Sedim nt utroI
(1) Whenever rthmoving o grading activities are proposed as part of the development of a
subdivision,th developer shall plan for practical and effective erosion controls of both a
temporary and pe mane t nature for the purpose of alleviating adverse effects on and off the
site before,during and after development.
(2) Plans and specifications for erosion and sedimentation controls shall be reviewed for
approval by the County Engineer and shall comply with the Virginia Erosion and
Sedimentation Control Law and Chapter 143, Stormwater/Erosion and Sediment Control,of
the Frederick County Code.
(3) No site improvement may be initiated prior to posting a performance bond and the issuance
of a land disturbance permit in accordance with the specifications of Chapter 143,
Stormwater/Erosion and Sediment Control,of the Frederick County Code.
E. Stormwater Management.
(1) Stormwater Management Plan.
i. An overall Stormwater management plan shall be provided with each subdivision to
ensure compliance with the requirements of Chapter 143, Stormwater/Erosion and
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CHAPTER 144 1 FREDERICK COUNTY SUBDIVISION ORDINANCE
Sediment Control,of the Frederick County Code and all applicable regulations
administered by the Virginia Department of Environmental Quality(DEQ) Stormwater
management regulations, as applied to communities with local Stormwater management
programs.
ii. A Stormwater management plan for a land development project shall be developed so
that, from the site,the post-development peak runoff rate from a 2-year storm and a 10-
year storm,considered individually, shall not exceed the predevelopment rates.
a. Predevelopment and post-development runoff rates shall be verified by calculations
in accordance with § 143-145 of the Frederick County Code.
iii. The Subdivision Administrator may exempt subdivisions in which all lots are 15,000
square feet or more in area from the above requirements; this waiver shall only be
permitted when acceptable to the Director of Public Wozs. In such cases,the exempted
subdivision shall meet the requirements of 9VAC25-8 '5-560.(A)(19).
(2) Design Criteria. Stormwater management facilities ball be designed in accordance with the
standards in Chapter 143, Stormwater/Erosion an Sediment C ntrol,of the Frederick County
Code.
(3) Stormwater Conveyance. Stone drainage conveyance systems for subdivisions shall be
designed to convey a storm with a 10-year freque cy without surcharging inlets. Systems
shall safely pass the 100-year storm t rough overland relief and channelization flow without
damage to private property or threats t publ c saf ty. Dams or embankments shall include an
emergency spillway capable f carrying he peak 100-year discharge.
I. Drainage flowing th ough a to from ff-site areas upstream shall be determined using
runoff coefficients o cury numb for the anticipated land use per the Comprehensive
Plan,not by existing co ditions.
(4) Natural Dr inageways.Natura drainageways shall be used whenever possible to cant'
stormwater r noff.
(5) Drainage Easem nts.Whenever a subdivision is traversed by a watercourse,drainageway,
channel or stream,a rainage easement shall be provided that substantially follows the line of
such feature and is of sufficient width to preserve the natural drainage function.A deed of
dedication describing the method of protection and maintenance shall be submitted to the
Subdivision Administrator for approval.
I. The subdivider shall grade and seed the slopes of such easement after construction where
necessary to prevent erosion and sedimentation and in a manner that will not adversely
affect the function of the drainageway.No structures,vegetation,or materials shall be
placed within the easement that impede the flow of drainage.
(6) Lot Drainage.Lots shall be established to provide positive drainage away from buildings
and to coordinate with the overall approved Stormwater management plan. Concentration or
collection of water shall not occur outside of drainage easements.
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CHAPTER 144 1 FREDERICK COUNTY SUBDIVISION ORDINANCE
I. Minimum floor elevations for habitable spaces,including basements, shall be shown on
the SDP and established as part of the stormwater management plan review to prevent
flooding or other drainage problems.
(7) Sinkhole Protection.Nothing shall be done to negatively alter the quality and quantity of
runoff entering sinkholes from predevelopment conditions.Best management practices shall
be applied for stormwater control.
(8) Regional Facilities.Where land to be subdivided lies within a watershed designed by the
Frederick County Comprehensive plan as one(1)in which regional stormwater facilities are
planned,the subdivider shall contribute a pro rata share of the cost of those facilities as
provided in Code of Virginia § 15.2-2243.
a. In such cases,the Subdivision Administrator may waive some or all of the
stormwater management requirements in this Sectiwhen acceptable to the Director
of Public Works.
ii. The policy and criteria for determining the pro ra a shar of total costs of regional
facilities shall be adopted by the Board of Supervisors following a public hearing.
F. Buffers, Screens,and Recreational Facilities.Appropriate provisions shall be made for the
location of buffers and screens and recreational fa litie on subdivision plans,in accordance with
all applicable provisions of Chapter 165,Zoning, of th Frederick County Code. Provisions shall
be made for the protection of all environment 1 features r quired to remain undisturbed.
Section 144-302.14. Property Owners'A s ciation (POA).
A. Intent.
(1) The intent of this Sectio is to require e establishment of a nonprofit organization to be
known as the Prop rty Own rs'Association(POA),consisting of all subdivision lot owners
holding subdi ision inte ests in he development.
(2) It is intended hat all requ ed common areas and facilities or improvements shall be a size
and nature that c nstitute economically sound increments of development and that such areas
and facilities be perpe uated and maintained by a POA or corporation.
B. Applicability.
(1) The subdivider shall provide for the establishment of an organization or corporation for the
ownership,perpetuation,and maintenance of all private element in developments or
subdivisions in the following zoning districts:
I. RP,Residential Performance;
ii. R4, Residential Planned Community;
iii. R5, Residential Recreational Community; and
iv. MH1,Mobile Home Community.
(2) The Subdivision Administrator shall review each final Subdivision Plat and deed of
dedication to ensure that the requirements of this Part are met.
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CHAPTER 144 1 FREDERICK COUNTY SUBDIVISION ORDINANCE
(3) The POA shall be:
I. Created by the subdivider;
ii. Fiscally responsible for its own operations; and
iii. Charged with the continuous maintenance and management of all common areas,
easements, stormwater management facilities, and other dedicated facilities associated
with an approved subdivision.
C. Establishment.
(1) The subdivider shall file legal documents that establish procedures for the establishment of a
nonprofit POA prior to the sale of any lot in an approved subdivision.
I. These legal documents shall be submitted to the Subdivision Administrator and the
County Attorney for review and approval prior to the ap' roval of the final subdivision
plats.
ii. These documents shall include,but not be limited to,the following:
a. Provisions for dedication of common p operties;
b. Declarations of covenants,condition and r°strictions;
c. Articles of incorporation;
d. Bylaws; and
e. Deed clauses for common areas
(2) All final contracts betty en the subdivider and all lot purchasers shall include a consumer
disclosure statement lis ng the POA nual assessments and a copy of the final approved
POA bylaws.
(3) Membership,n the POA hall b mandatory for each original purchaser and each successive
purchaser i "`lot in any a proved subdivision.
(4) A liability insura cc poli y of$1,000,000 shall be mandatory for any POA containing 20 or
more lots.
(5) A deed of dedication shall be provided by the subdivider or developer,with an article of
bylaws providing for equal voting rights by all property owners and for election of officers or
directors of the required property owners' association.
(6) All lot owners,including the developer, shall be assessed on an equal basis for the
perpetuation and maintenance of required common elements as long as such perpetuation and
maintenance is necessary. Such assessments shall be sufficient for the perpetuation and
maintenance of all common areas and facilities.
D. Dedication.All required open space,recreational facilities, and other common elements shall be
dedicated to a POA or to Frederick County.
(1) Open space,recreational facilities and common elements shall only be dedicated to Frederick
County with the approval of the Board of Supervisors.
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CHAPTER 144 1 FREDERICK COUNTY SUBDIVISION ORDINANCE
E. Management and Responsibility.The subdivider shall be responsible for the management and
maintenance of all private common areas,easements,and improvements in the approved
subdivision until such improvements are formally transferred to the POA.
(1) The subdivider shall exercise all powers and duties of the POA,including assessment and
collection of charges.
(1) Prior to the sale of the lot constituting 50% of all approved buildable lots, all common areas,
easements,and improvements shall be transferred from the developer to the POA.
I. At the time of transfer,all private common areas,easements, and improvements shall be
in good operating condition and in compliance with all applicable laws,codes and
regulations
ii. The subdivider shall notify the Department of Planning and Development when the
transfer of control to the POA occurs.
F. Financial Procedures.Within subdivisions containing 20 more lots,all funds associated with
a POA shall be maintained in interest-bearing escrow accounts ap roved by the PONs Board of
Directors.
(1) The treasurer of the POA shall be bonded an shall b responsible for:
I. Providing annual statements;
ii. Preparing and submitting an annual bu et; and
iii. Making financial recommendations to he Board of Directors.
(2) In accordance with the C de of V rginia§ 15.2-2256,the Board of Directors or other
managing professional harged with collection of fees and the maintenance of common
improvements shall provi an annual report to the lot owners of all fees collected and
disposition of a 1 fund
G. Maintenance.All private common areas,easements, stormwater management facilities, and other
dedicated facilities hall be co tinuously maintained in a fashion where the use,function, and
appearance is in confo man e to the provisions of the Frederick County Code.
(1) The County shall have the right to inspect any common area,easement, stormwater
management facility,or other dedicated facility to ensure compliance with the requirements
of the Frederick County Code.
(2) If maintenance of any such areas or facilities is neglected or becomes a danger to public
health or safety,the County shall have the authority to perform the work necessary to bring
the area into compliance with all applicable codes and recover all costs from the owner(s).
(3) If units are to be sold or are ever sold on an individual basis, all private areas,easements,
improvements,or facilities shall be conveyed for joint ownership and common use by
subsequent property owners,if not dedicated for public use approved by the Board of
Supervisors.
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CHAPTER 144 1 FREDERICK COUNTY SUBDIVISION ORDINANCE
Section 144-302.15. Obligation of Improvements.
All improvements shown on the SDP and the Final Plat shall be provided by the applicant at their cost
and are not the responsibility of the County, as outlined in the Code of Virginia § 15.2-2268.
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CHAPTER 144 1 FREDERICK COUNTY SUBDIVISION ORDINANCE
Article IV. Improvements and Guaranties.
Part 401. General.
Section 144-401.01. General Requirements.
A. Prior to the approval of any Final Plat,all improvements must be constructed,or sufficient
guaranties and performance agreements must be provided in accordance with such amount and
form in the following:
(1) Code of Virginia §§ 15.2-2241, 15.2-2241.1, 15.2-2241.2,and 15.2-2245; and
(2) The Monetary Guaranty Policy and Performance Agreement Policy adopted by the Board of
Supervisors.
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CHAPTER 144 1 FREDERICK COUNTY SUBDIVISION ORDINANCE
Article V. Plats.
Part 501. General Requirements.
Section 144-501.01. Approval Required Before Sale.
A. No person shall sell,convey,or record a deed to land subdividing off a parcel without making and
recording a Final Plat of such subdivision and without fully complying with the provisions of this
Ordinance.
B. No Final Plat shall be approved unless all lots shown thereon comply with all applicable
requirements of this Ordinance.
Section 144-501.02. Subdivision Name.
If applicable as determined by the Subdivision Administrator, very subdivision shall be given a name
which shall not duplicate or closely approximate that of any other sub ivision existing or planned.
Section 144-501.03. Changes to Plat.
No change, erasure or revision shall be made on any SDP or Final Plat, nor on accompanying data
sheets,after approval has been endorsed,in writing,on the plat or sheets,unless authorization for such
change has been granted in writing by the Su div ion Admin strator.
Section 144-501.04. Separate Ownership
A. Where the land covered by a subdivi on Mel des two(2)or more parcels in separate ownership,
and lot arrangement is such that a p p ty ownership line divides one (1)or more lots,the land
in each lot so divided shall be nsferred by deed to single ownership, simultaneous with the
recording of the pl .
(1) Said deed is to be deposit d with the Subdivision Administrator and held with the plat until
the subdivider ready to ecord same, and they both shall then be recorded together.
Section 144-501.05. Deed of Dedication.
A. The subdivider shall be required to submit a Deed of Dedication for review and approval by the
Subdivision Administrator prior to the approval of any Final Plat.
(1) The Deed of Dedication shall provide for the following:
I. Dedication of streets and roadways to Frederick County for public use;
ii. Covenants and use restrictions;
In Notarized owner's certification as required by Code of Virginia § 15.2-2264;
iv. Establishment of a nonprofit POA;
v. Dedication of all common open space to the POA for its use or as specified by the
approval of the subdivision;
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CHAPTER 144 1 FREDERICK COUNTY SUBDIVISION ORDINANCE
vi. Dedication of all drainage easements and facilities for public use and access;
vii. Specification of maintenance provisions and use restrictions for all drainage easements
and facilities;
viii.Dedication of recreational facilities for use by the POA; and
ix. Dedication and maintenance of any other public improvements.
Part 502. Subdivision Design Plans (SDPs).
Section 144-502.01. Applicability.
A. All proposed subdivisions shall submit an SDP for review and approval prior to recordation of
any land division.
(1) Proposed subdivisions in the RA district shall only be requi ed to submit an SDP if
i. The subdivision is on an existing public road and oes of propose the extension or
creation of a new public road; and
ii. The subdivision does not require a stormwater management plan, as provided in Chapter
143, Stormwater/Erosion and Sediment C ntrol of the Frederick County Code.
Section 144-502.02. Subdivision Design Plan Requirements.
A. General.
(1) The SDP shall be drawn at a sc le accep ble to the Subdivision Administrator and shall
include a sheet depicting the full ubdivis on being submitted.
(2) All SDPs shall be prepar d by a qualified professional engineer or land surveyor trained and
experienced in th 1 yout of ubdivisions and licensed to do so within the Commonwealth of
Virginia.
(3) A north arrow written sea ,and graphic scale shall be provided on each sheet, as applicable.
(4) Each sheet shall in lud a page number and the total number of pages.
B. Contents.
(1) General.
i. The following requirements should be broken down into phases on the SDP,where
applicable:
a. The title of the subdivision("SDP for......... ............"),with a notation of all previous
names of the subdivision;
b. The original property identification number;
c. The name of the owner or subdivider;
d. A vicinity map(scale of 1:2,000) showing all roads,properties and subdivisions
within 1,000 feet of the subdivision;
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CHAPTER 144 1 FREDERICK COUNTY SUBDIVISION ORDINANCE
e. A day,month and year plan,prepared and revised. The dates of revisions should be
clearly listed;
f. The name of the magisterial district in which the subdivision is located;
g. The zoning of all land to be subdivided;
h. A boundary survey of all lots,parcels and rights-of-way.The perimeter boundary line
and section lines shall show bearings to the nearest minute and distances to the
nearest 1/100 of a foot;
I. The topography shown at a contour interval acceptable to the Subdivision
Administrator but in no case greater than five (5)feet;
j. The names of the owners,zoning and use of all adjoining properties,and deed-book
and page-number references for each adjoining parcel;
k. A tabulation illustrating the following shall be pr vided together on the SDP:
(i). The total land area of the subdivision;
(ii).A breakdown of the number of lots n each use categ y;
(iii). The total land area of all comm n open space;
(iv). The total land area of all residential ts;
(v).Perimeter and interior landscapin calculations(if required); and
(vi). All parking spac calculat ns,including handicap spaces(if required).
ii. A proposed grading plan, me uding sp t elevations and flow arrows;
iii. All required setback i fo mation;
I"
iv. A table ill strating e rela ionship between the MDP and the Subdivision Plan.The
intent o this table is t provide an incremental update which will tabulate the expended
acreage,to counts,op n space and special environmental areas disturbed for each phase
of developme; t;
v. The location of all required regular and handicap parking spaces,aisles,curb and gutter,
and pavement striping;
A. Facilities necessary to meet the requirements of the Fire Code;
vii. A statement listing all requirements and conditions placed on the land included in the
subdivision resulting from approval of conditional zoning or a conditional use permit;
viii.The location of each residential use category area; and
ix. Other information necessary to ensure that all requirements of the Frederick County Code
have been met.
(2) Streets,Easements,Utilities, and Public Facilities.
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CHAPTER 144 1 FREDERICK COUNTY SUBDIVISION ORDINANCE
I. The location,names,ROW widths, and classifications of existing and planned roads,
streets and shared private driveways adjacent to and on the property;
ii. The location,dimensions and cross sections of existing and proposed sidewalks and
walkways;
iii. Existing or proposed utilities, sewer and water lines,manholes, fire hydrants and
easements;
iv. Existing and proposed drainageways,drainage facilities,culverts and drainage easements
with dimensions and design details;
v. The location of proposed recreational areas and facilities;
vi. The location of all land to be dedicated or reserved for public use; and
vii. Cross sections,profiles and design details of all proposed streets,roads,culverts, storm
sewers, sanitary sewers and water mains;
(3) Natural and Historic Resources.
I. The location of all environmental features ncluding floodpla s, steep slopes,wetlands,
sinkholes,woodlands and natural storm ater det ntion areas;
ii. The names of all streams and bodies of water ncluding all 100-year flood limits as
mapped by FEMA;
iii. The location of each parcel of common pen space and the total area of common open
space; and AW
iv. A stormwater mana ement p an,with calculations describing how stormwater
management requir ments i g met,including the location and design details of
proposed facilities;
(4) Landscaping and Scre ning.
I. The locat n of propo ed buffers and screening,with design details, locations and types
of plants and creening;
ii. Proposed landscaping,with location,types of plants, and size specifications;
(5) Required Notes and Certifications.
I. Certification by an engineer, surveyor or other qualified professional of the accuracy of
the plat.
ii. The signature of the owner,certifying ownership of property.
iii. A signature line for the Subdivision Administrator.
Section 144-502.03. Subdivision Design Plan Submission.
A. The subdivider shall submit copies(as required by the Subdivision Administrator)of the SDP,
applicable fees, and all required subdivision application materials to the Subdivision
Administrator for review and comment.
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CHAPTER 144 1 FREDERICK COUNTY SUBDIVISION ORDINANCE
B. A Traffic Impact Analysis(TIA)maybe prepared and submitted to the Department of Planning
and Development with all SDP applications,in accordance with the adopted Traffic Impact
Analysis Standards.
Section 144-502.04. Subdivision Design Plan Review.
A. Intent.The intention of the SDP is to provide all review agencies with a comprehensive design of
the proposed layout and improvements required under Section 144-503.02. of this Ordinance,as
well as all requirements of Chapter 165,Zoning,of the Frederick County Code.
B. Review.The Subdivision Administrator shall act according to the Code of Virginia §§ 15.2-
2222.1, 15.2-2259, 15.2-2260,and 15.2-2269 regarding SDP procedures and timeframes of
review,resubmittals, and other agency reviews.
C. Effect and Validity.Pursuant to Code of Virginia§ 15.2-2260, an approved SDP shall be valid
for a period of five (5)years,provided the developer:
(1) Submits a Final Plat for all or a portion of the property within one (1)year of such approval;
and
(2) Thereafter diligently pursues approval of the F nal Plat,meaning that the developer has
incurred extensive obligations or substantial xpense relating to the submitted Final Plat or
modifications thereto.
(3) If,as determined by the Subdivision din istrator,approval of the Final Plat is not diligently
pursued no sooner than three (3)years following ch SDP approval,the Subdivision
Administrator shall provide t subdivid with 90 days written notice by certified mail that
because approval has not been di gently pursued,the approval of the SDP has been revoked.
i. "Diligent pursuit of ppro al mea that the subdivider has incurred extensive
obligations or ubstanti expenses relating to the submitted final subdivision plat or
modificat ons there
(4) Pursuant to th Code of V ginia§ 15.2-2260,once an approved Final Plat for all or a portion
of the property i recorde , the underlying SDP shall remain valid for a period of five (5)
years from the date f he latest recorded Final Plat of subdivision for the property.
Part 503. Final Plats.
Section 144-503.01. Applicability.
A. Final Plats shall be required for all subdivisions,BLAB,consolidations,and easements.
(1) If a subdivision requires an SDP, as provided in Section 144-502.01. of this Ordinance, Final
Plat submission shall be after the SDP is approved.
(2) Plat details shall meet the standard for plats as adopted under the Virginia Public Records Act,
Code of Virginia §42.1-76 et seq.
Section 144-503.02. Final Plat Requirements.
A. General.
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CHAPTER 144 1 FREDERICK COUNTY SUBDIVISION ORDINANCE
(1) The Final Plat shall be drawn at a scale acceptable to the Subdivision Administrator.
(2) All Final Plats shall be prepared by a qualified professional engineer or land surveyor trained
and experienced in the layout of subdivisions and licensed to do so within the
Commonwealth of Virginia.
(3) The final subdivision plat shall contain signatures of all owners, surveyors and review
agencies, along with all other required materials.
(4) Each sheet shall include a page number and the total number of pages.
(5) A north arrow,written scale,and graphic scale shall be provided on each sheet,as applicable.
B. Cover Page.A cover page shall be included for each Final Plat that provides the following:
(1) The title of the subdivision('Final Subdivision Plat for....................11);
(2) A vicinity map to a scale of 1:2,000, showing all roads,pr perties and subdivisions within
1,000 feet of the subdivision;
(3) A day,month and year plan,prepared and revised;
(4) The name of the magisterial district in which the subdivision is located;
(5) The zoning and use of all land to be subdivided an all adjoining land;
(6) Survey Data.
I. A boundary survey of all lots,parc is an rig is-of-way, showing bearings to the nearest
degree,minute and seco d nd listing distances to the nearest 1/100 of a foot;
ii. The names of owne s of all adjoining roperties and deed-book and page-number
references for each djoining pare
iii. The locatio and descrip ion of monuments and markers;
iv. If the s bdivision con ists of land acquired from more than one (1) source of title,the
property b undary lin s and names of the owners of the various tracts shall be identified;
(7) Lots and Tracts.
I. The area of each lot and parcel,the total area of the subdivision and the total area in lots;
ii. The location and area of each parcel of common open space and the total area of common
open space;
iii. The location of required setback lines on each lot;
(8) Streets,Easements, and Rights-of-Way.
I. The location,names,and ROW widths of existing and planned roads,streets and shared
private driveways adjacent to and on the property;
(9) Utilities and Public Facilities.
I. Existing or proposed utilities,utility easements and other easements,with dimensions and
locations;
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CHAPTER 144 1 FREDERICK COUNTY SUBDIVISION ORDINANCE
ii. Existing and proposed drainage easements,with dimensions and locations;
iii. The location of all land to be dedicated or reserved for public use;
iv. The location of proposed recreational areas;
(10) Natural and Historic Resources.
I. The location of floodplain limits;
ii. Location of any mapped dam break inundation zones;
a. A developer shall supply an engineering study if a development lies within a dam
break inundation zone,in accordance with the Code of Virginia § 15.2-2243.1.
iii. Location of any grave,object,or structure marking a place of burial;
(11) Notations and Certifications.
I. Certification by a registered engineer or surveyor qu ified to practice in the
Commonwealth of Virginia,verifying the accura y of th plat;
ii. The signature of the owner,certifying owne ship of property;
iii. Signature lines for the Subdivision Admi istrato and relevant reviewing agencies;
iv. A statement listing all requirements and cond ions placed on the land included in the
subdivision resulting from appro at of condition I zoning or a Conditional Use Permit
(CUP);
v. Notarized owner's certi icati n as re uired by Code of Virginia § 15.2-2264; and
(12) An indication of the p rtion of he allowa le density from the parent tract,as determined by
Article IV,Part 404 of C ap er 165 of the Frederick County Code,which is to be allocated to
each parcel res Iting from t e subdivision.
C. Final Plat Req irements for Minor Rural Subdivisions.A plat for a minor rural subdivision
shall be prepared b a certifie professional engineer or land surveyor and shall contain the
following information
(1) Cover Sheet.A cover sheet to contain the following:
i. A title indicating "Final Plat for Minor Rural Subdivision of the Land of....................
"Boundary Line Adjustment Between the Land of.................... and .................... ";or
"Lot Consolidation of the Land of.................... and .................... .";
ii. The Tax Map number,magisterial district,County and state where the parcel is located.
iii. The name and signature of the owner(s)of record,with the deed book and page number
of the last instrument in the chain of title and a statement that the division is with the
owner's consent.
iv. A vicinity map,showing the location of the parcel to be subdivided at a scale of not more
than one (1)to 2,000(1:2,000).
v. A notation of the zoning on the parent tract that is being divided.
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CHAPTER 144 1 FREDERICK COUNTY SUBDIVISION ORDINANCE
vi. A signature block for a representative of the Frederick County Health Department and the
Subdivision Administrator.
vii. In the case of a lot being created under the provision for a family division(Section 144-
301.05.of this Ordinance),a statement listing to whom the lot is to be conveyed and their
relationship to the recorded owner.
viii.A statement indicating the portion of the allowable density of the parent tract(as
determined by Section 165-404.01. of Chapter 165,Zoning,of the Frederick County
Code,which is to be allocated to each parcel resulting from the subdivision.
ix. The page number and the number of total pages making up the plat,for example, "Sheet
1 of 3."
x. Notarized owner's certification as required by Code of Virginia § 15.2-2264.
(2) Plat Contents.
I. A North point and scale.
ii. The date the plat was prepared along with th signature and cal of the licensed surveyor
or engineer preparing the plat.
iii. A dashed line showing the location of the f ont rear and side setback requirements for
principal structures.
iv. A boundary survey and acreage of all lots eated or altered by the division or adjustment.
Unchanged lot lines of residual par els of over 20 acres in size are not required to be
shown,provided that the gen ral loc ion of the perimeter boundary of the tract is shown
on an insert map a d the acr age of th unsurveyed lot(s)is given.
v. In the case of boundar me adjustments,the amount of acreage to be added to or deleted
from any p reel,with the abulation of the resulting acreage for all lots.
vi. The zon ng,use(vaca t, agricultural,residential,commercial or industrial), and name of
owners of 11 adjoinin parcels.
vii. The location of 11 existing streets with their names and numbers and any existing or
proposed ROW adjacent to or providing access to any of the subject lots.
viii.The location and names of any watercourses,ponds,and designated floodplain areas.
ix. The location of existing buildings and drainfields, along with any designated
environmental or historical features on the site.
x. The location,width and design details of shared private driveways and/or private roads.
All plats with shared private driveways and/or private roads should contain the following
language:
a. "The proposed private driveway/road is not built according to street specifications of
and will not be maintained by,the Virginia Department of Transportation or Frederick
County. The improvement and maintenance of said driveway/road shall be the sole
responsibility of the owners of lots which are provided with access via the
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CHAPTER 144 1 FREDERICK COUNTY SUBDIVISION ORDINANCE
driveway/road. Said driveway/roads will not be considered for inclusion into the state
secondary system until they meet the applicable construction standards of the
Virginia Department of Transportation.The cost of bringing said driveway/road to
acceptable standards shall not be borne by the Virginia Department of Transportation
nor by Frederick County."
Section 144-503.03. Final Plat Submission.
A. General.
(1) The subdivider shall file four(4)copies of the final subdivision plat with the Subdivision
Administrator within one(1)year of receiving official notification of SDP approval.
(2) The subdivider shall be required to submit a deed of dedication in accordance with Section
144-501.05; a copy of all covenants or restrictions, an estimate of all public improvements
and all required guaranties for improvements,in accordanc with Section 144-401.01; and all
final plats to the Subdivision Administrator.
(3) Final plats of boundary line adjustments and lot consolidation n shall be submitted to the
Subdivision Administrator for approval, approv 1 with modificati ns or disapproval.The
Subdivision Administrator shall notify the su divider f any action made on the plats within
30 days of their complete submittal.
B. Minor Rural Subdivisions.Three (3) c pi s of Final P is for a Minor Rural Subdivision shall
be submitted to the Subdivision Administr for for view and approval.
(1) In the case of divisions creat nder th rovisions of Section 144-301.05.,Family
Subdivisions,of this Ord nance, n affida it with the notarized signature of the grantor must
be provided. `
i. The affidavit shall state o whom the lot will be conveyed,the relationship of the grantor
to the gra tee and th gran rs understanding of the requirements of this Ordinance and
Code of Virginia§ 15 2-2244.
(2) Prior to submiss n to th Subdivision Administrator,all Final Plats shall be signed by a
representative of th Health Department and VDOT as required by this Ordinance,to certify
that lots within the Minor Rural Subdivision have been approved for sewage disposal.
Section 144-503.04. Final Plat Review.
A. The Subdivision Administrator shall act according to the regulations of Code of Virginia §§ 15.2-
2222.1, 15.2-2254, 15.2-2259, 15.2-2260,and 15.2-2269 with regards to the timeframes of
resubmittals and other agency reviews, approvals, and disapprovals.
(1) The Subdivision Administrator shall review all Final Plats to ensure conformance with the
approved SDP and shall have approval authority over all Final Plats.
(2) Approval of the SDP does not guarantee approval of the Final Plat.
(3) If the Subdivision Administrator does not act in accordance with the time constraints or
disapproves a plat and the subdivider contends that the disapproval was not properly based,
then the subdivider may seek approval as provided in the Code of Virginia§ 15.2-2259.
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CHAPTER 144 1 FREDERICK COUNTY SUBDIVISION ORDINANCE
B. Minor Rural Subdivisions.
(1) No plat shall be recorded or lot sold in a Minor Rural Subdivision until the requirements of
this Ordinance have been met.
i. A copy of the Final Plat,with appropriate notations signifying that the plat has been
appropriately recorded, shall be returned to the Subdivision Administrator within 30 days
after approval of such plat.
Section 144-503.05. Recording.
A. Any owner or subdivider of any tract of land situated within Frederick County who subdivides
the same shall make and record a plat pursuant to the Code of Virginia § 15.2-2254.
B. All final subdivision plats shall be legally recorded in the Frederick County Clerk of Court's
office within six(6)months of final approval by the Subdivision Administrator.
C. Failure to record final subdivision plats within this time shal make the approval signatures null
and void and require reapproval by all applicable agencie ,except in cases specifically identified
in Code of Virginia § 15.2-2241(A)(8).
D. A copy of the final legally recorded plat,with ap ropriate gency approval signatures and
notations signifying that the plat has been appropri tely recorded, shall be returned to the
Subdivision Administrator within 30 days of recordati n.
E. Any recorded Final Plat shall be valid for perio of not less than five(5)years from the date of
approval,as required by Code of Virginia § 15 2-2261. If a recorded subdivision plat dedicates
real property to Frederick Cou ty, th n the approved final subdivision plats shall remain valid
indefinitely.
F. Recordation of Final Plats sha 1 ct as transfer of streets,and the termination of easements and
rights-of-way, as ou ined in the ode of Virginia § 15.2-2265. However,nothing shall obligate
Frederick Count to install or maintain such facilities unless otherwise agreed to by the County.
Part 504. Vacation of Plats.
Section 144-504.01. Vacation.
A. Pursuant to Code of Virginia § 15.2-2278,any recorded plat of subdivision may be vacated as
outlined in B.through F.,below.The effects of such vacations are as outlined in Code of Virginia
§ 15.2-2274.
B. Pursuant to Code of Virginia § 15.2-2275,the Subdivision Administrator may approve the
boundary lines of any lot or parcel of land to be vacated,relocated,or altered as part of an
otherwise and properly recorded plat of subdivision or re-subdivision:
(1) Approved as provided in this Ordinance after submission of a Final Plat in accordance with
Part 503, above; or
(2) Properly recorded prior to the applicability of this Ordinance and executed by the owner or
owners of the land.
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CHAPTER 144 1 FREDERICK COUNTY SUBDIVISION ORDINANCE
(3) The action shall not involve the relocation or alteration of streets,alleys,easements for public
passage,or other public areas.No easements or utility ROWS shall be relocated or altered
without the express consent of all persons holding any interest therein.
C. Any interest in streets,alleys,easements for public rights of passage,easements for drainage,and
easements for a public utility granted to Frederick County as a condition of the approval of a Site
Plan may be vacated by the Board of Supervisors according to the two(2)methods listed in the
Code of Virginia § 15.2-2270.
D. An approved and recorded plat of subdivision,or part thereof,may be vacated prior to the sale of
any lot therein by the Board of Supervisors utilizing the procedures set forth in Code of Virginia §
15.2-2271 and the adopted Monetary Guaranty and Performance Agreement Policy.
E. An approved and recorded plat of subdivision,or part thereof,may be vacated after the sale of
any lot by the Board of Supervisors utilizing one (1)of the two (2)methods specified in Code of
Virginia § 15.2-2272 and the adopted Monetary Guaranty and Performance Agreement Policy.
F. According to Code of Virginia § 15.2-2276,the Clerk in those ice any plat so vacated has
been recorded shall write in plain legible letters acro such plat,or he part thereof so vacated,
the word 'vacated," and also make a reference ont-ate plat to the volum.. and page in which the
instrument of vacation is recorded.
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CHAPTER 144 1 FREDERICK COUNTY SUBDIVISION ORDINANCE
Article VI. Definitions.
Part 601. Word Usage.
Section 144-601.01. General.
A. Words and terms set forth in this Article shall have the meanings ascribed to them.Any word,
term(s),or phrase used in this Subdivision Ordinance not defined herein shall have the meaning
ascribed to such word,term,or phrase in the most recent edition of Merriam-Webster's
Dictionary,unless in the opinion of the Subdivision Administrator,established customs or
practices in Frederick County,Virginia justify a different or additional meaning.
B. For the purpose of this Ordinance,certain words,terms, and phrases are herein defined as
follows:
(1) Words used in the present tense include the future. W rds in the singular include the plural,
and the plural includes the singular.
(2) The word"shall" or"must"is always mandat ry;the word"may"is permissive.
(3) The words"may not"indicate a prohibition.
(4) The words"used for"include "desig e for""arranged for,"or"occupied for".
(5) The word"building"includes "structures"a d mu be construed as if followed by the phrase
"or part thereof."
(6) The word"person" includes"Ind vidual," partnership," 'company," "profit or nonprofit
corporation,""organizat n," r other similar entities.
(7) The word"erec ed w 11 be d emed also to include "constructed,reconstructed, altered,
placed,or moved."
(8) The word"Sta " means t e Commonwealth of Virginia.
(9) The word"County in ans Frederick County,Virginia.
(10) The terms"land use" and"use of land"will be deemed also to include "building use" and
"use of building".
(11) The term "Code of Virginia"will be deemed also to include "as amended".
(12) Unless otherwise specified,the term"day"means a calendar day.
Section 144-601.02. List of Abbreviations.
BFE: Base Flood Elevation
CO: Certificate of Occupancy
DEQ:Virginia Department of Environmental Quality
POA: Property Owners'Association
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CHAPTER 144 1 FREDERICK COUNTY SUBDIVISION ORDINANCE
ROW: Right(s)-of-Way
SWSA: Sewer and Water Service Area
UDA: Urban Development Area
VDH: Virginia Department of Health
VDOT:Virginia Department of Transportation
Part 602. General Terms.
Section 144-602.01. General.
ABUT—To physically touch or border upon,or to share a common property line.
ADMINISTRATOR, SUBDIVISION—The administrative representative,designated by the Board
of Supervisors,who has been appointed to serve as the agent of the Board in approving the
subdivision plats and administering this Ordinance.
AFFIDAVIT—A written declaration conducted before a notary public o other authorized official.
AGRICULTURAL PURPOSES—Any of the follo ing acti ities on land which is eligible for land
use assessment:
A. Cultivating the soil,raising or harvesting any agricultura aquacultural,horticultural,floricultural
or viticultural commodity on a farm,inclu ing th ising, feeding,training or management of
animals and poultry,excluding kennels.
B. Handling,drying,packing,g ading o storing n a farm any agricultural or horticultural
commodity in its unmanufa tured s t t only if the owner,operator or tenant of the farm
regularly produces more than h f the commodity so treated.
C. The proposal to d velop or t e actu 1 development of a forest,either through planting or natural
regeneration, or oth,or the a ual maintenance of a forest by applying proven forest
management practi s. Such 1 nd shall, at the time of consideration as forestland,be under a
timberland plan or sha act ally carry sufficient forest growth of suitable character and so
distributed to give reasonable assurance that a stand of merchantable timber can be developed
therefrom.
AMENDMENT—A revision to this Ordinance approved by the Frederick County Board of
Supervisors.
AVERAGE DAILY TRIPS—The average number of vehicles forecast to travel over a specified
segment of street during a 24-hour period.
AVIGATION EASEMENT—An easement above the ground that covers the area designated by the
Frederick County Comprehensive Plan as the Airport Support Area.
BASE FLOOD ELEVATION(BFE)—The water surface elevations of the base flood,that is,the
flood level that has a one-percent or greater chance of occurrence in any given year.The water surface
elevation of the base flood in relation to the datum specified on the County's Flood Insurance Rate
Map.For the purposes of this Ordinance,the base flood is the one-percent annual chance flood.
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CHAPTER 144 1 FREDERICK COUNTY SUBDIVISION ORDINANCE
BOARD—The Board of Supervisors of Frederick County.
BOUNDARY LINE ADJUSTMENT—A change in the boundary line between adjoining lots,tracts
or parcels which does not create new lots or reduce the number of existing lots.
BUFFER—A required area used to separate and/or screen one (1)use from another.
BUILDING RESTRICTION LINE—An imaginary line fixed at a specified minimum distance
from the boundaries of a lot that limits the placement of structures.
CENTRAL WATER AND SEWER FACILITY—A water or sewer system serving more than one
(1)lot,dwelling,or use that is owned and operated by a municipality,private individual or
corporation,licensed by the State Water Control Board and Health Department and approved by the
Frederick County Board of Supervisors.
CODE OF ORDINANCES—The laws which govern the territory of Frederick County,Virginia.
May also be referred to in this Ordinance as"County Code"or"C unty Code of Ordinances".
CODE OF VIRGINIA—The statute laws of the Commonwe lth o Virginia,as codified.
COMMISSION—The Planning Commission of Frederi k County.
COMMON OPEN SPACE—Land that is used for creational purposes, environmental resource
protection,buffer areas, stormwater management areas, n passive areas that are dedicated to the
residents of a development for use and maintenance,and is protected to ensure that it remains in such
uses,unless utilized under the provisions of Article VIII, Community Development Standards,of
Chapter 165,Zoning,of the Frederick County Code
COMPREHENSIVE PLAN—A genera plan fo the future development of Frederick County,
adopted by the Frederick County Board f Supery ors according to the provisions of the Code of
Virginia § 15.2-2223.
CONTIGUOUS—Nex to,a utting, r touching and having a boundary, or portion thereof, that is
coterminous.
go COVENANTS—A leg lly record d,private agreement between the buyer and seller that asserts legal
requirements or restrictions on the use of the land being transferred.
CONVEY—To transfer ownership or title to another.
CUL-DE-SAC—A street with only one (1) outlet and having a turnaround for reverse traffic
movement.
DEED OF DEDICATION—A legally recorded document specifying the transfer of property rights
related to subdivision improvements and facilities.
DEVELOPER—The legal or beneficial owner or owners of a parcel of land included in a proposed
development,including the holder of an option or contract to purchase or other persons having
enforceable proprietary interests in such land.
DEVELOPMENT—Any man-made change to improved or unimproved real estate,including but
not limited to buildings or other structures,mining,dredging, filling,grading,paving,excavation or
drilling operations or storage of equipment or materials.
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CHAPTER 144 1 FREDERICK COUNTY SUBDIVISION ORDINANCE
DESIGNATED AGENT—Pursuant to the Code of Virginia § 15.2-2201, any agent employed or
authorized by a locality and designated by the governing body to review and act on subdivision plats,
site plans,and plans of development. This shall not include the Planning Commission.The
Subdivision Administrator shall serve as the Designated Agent for Frederick County.
DIRECT ACCESS—A direct means of vehicular approach that provides immediate physical
entrance to a property.
DRAINAGE EASEMENT—An easement established to maintain and protect a drainageway.
DRAINAGEWAY—Any natural or artificial watercourse,trench,ditch,Swale,or similar depression
through which surface water flows.
DRIVEWAY, SHARED PRIVATE—A deeded right-of-way or access easement serving as common
access to two(2)or more lots from a dedicated public road.
EASEMENT—A grant of one (1)or more of the property rights e property owner to and/or for
use by the public, a corporation,or another person or entity.
ENGINEER—A person duly licensed as such by the Commonweal Virginia.
EROSION—The process by which earth or rock mat rial is moved from b (1)location to another
by wind or water.
EROSION CONTROLS—Measures that comply with th Virginia Erosion and Sediment Control
Handbook and the standards of Frederick County which prev t erosion and sedimentation on
adjoining properties or in drainageways.
EROSION CONTROL PLAN—An engineered document depicting the proposed methods for
preventing erosion of soil from a parcel o parcels f land.
FLOODPLAIN—A relatively fla o low land area adjoining a river, stream,or watercourse which is
subject to partial or complete undat on resulting from a storm with an average frequency of once
per every 100 years as defined by Federal Emergency Management Agency(FEMA)and depicted on
Flood Insurance Rat Maps.
GRADE—The degree of ise or all of a sloping surface.
GRADING—Any stripping, clearing,cutting, filling,or stockpiling of earth or land.
GRANTEE—One to whom a conveyance is made.
GRANTOR—One who makes a conveyance.
GROSS RESIDENTIAL DENSITY—The total number of residential dwellings divided by the total
gross area within the perimeter boundaries of a development. The "gross residential density"within a
section or phase of a development shall be the number of residential dwellings in the section divided
by the total area within that section.
HEALTH OFFICIAL—The Director of the Lord Fairfax Health District or his representative.
HIGHWAY ENGINEER—The resident engineer employed by the Virginia Department of
Transportation(VDOT)who has jurisdiction over Frederick County.
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CHAPTER 144 1 FREDERICK COUNTY SUBDIVISION ORDINANCE
HISTORICAL FEATURE—A structure or site of historical and cultural significance and recognized
as such by the County,state or federal government.
IMMEDIATE FAMILY—Any person who is a natural or legally defined offspring, spouse, sibling,
grandchild,grandparent,or parent of the property owner.
IMPROVEMENT—Any man-made,immovable item which becomes part of or is affixed to real
estate.
LAND—Ground, soil,or earth above or below the surface.
LAND DIVISION—The subdivision of one (1)parcel of land into two (2)or more parcels or any
changes to the boundary of any lot,tract,or parcel of land.
LAND DISTURBANCE—Any activity involving the clearing,cutting,excavating,filling,grading,
or any other activity which alters land topography.
LAND DISTURBANCE PERMIT—A permit issued by the Co my allowing disturbance of the
surface of a parcel of land.
LOT—A designated parcel,tract,or area of land established or to be est blished by plat or
subdivision or previously established as a recorded lot which conforms to the requirements of Chapter
165,Zoning,of the Frederick County Code.
LOT, CORNER—A lot abutting two (2) or more stre sat their intersection.
LOT,DOUBLE-FRONTAGE—An inter or loth ing frontage on two(2) streets.
LOT,FRONT—The side of a p rc I facing r coterminous with a street or right-of-way.For the
purposes of this Ordinance,I is front ng on in re than one (1) street shall define the front
property line as the shortes side ha n road frontage.
LOT CONSOLIDATION Comb ation of two (2)or more lots into a single parcel.
LOT LINE—A line described by metes and bounds,depicting the boundary of parcels of land.
LOT OF RECORD— lot which a plat or survey description has been recorded with the Frederick
County Clerk of the Circu Cou t.
MASTER DEVELOPMENT PLAN—A general plan of development reviewed by the Director of
Planning and Development for new developments in certain zoning districts before subdivision or site
plan approval, according to the requirements of this Ordinance and Article III,Permits and
Applications,of Chapter 165,Zoning,of the Frederick County Code.
MISDEMEANOR—An offense of lesser gravity than a felony,for which punishment may be a fine
or imprisonment.
MONUMENT—Markers placed in the ground to indicate the location of property boundaries.
NATURAL DRAINAGE—Original path of least resistance of surface water runoff.
NATURAL STORMWATER DETENTION AREAS—Areas of poorly drained soils which are
subject to periodic flooding and act as areas to temporarily store stormwater.In some cases, "natural
stormwater detention areas" will contain floodplain and wetland areas.
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CHAPTER 144 1 FREDERICK COUNTY SUBDIVISION ORDINANCE
PEDESTRIAN WALKWAY—A pedestrian circulation network designed to enhance public safety
by separating pedestrian traffic from vehicular traffic.
PERFORMANCE BONDING—A guaranty to cover the cost of public improvements in an
approved subdivision.
PLAT—Includes the terms "plat," "map," "plot," "replat," and "replot"; a map or plan of a tract or
parcel of land prepared by a licensed surveyor or engineer.
POSITIVE DRAINAGE—Drainage which does not adversely affect property.
PRIVATE SEWAGE SYSTEM—A sewage disposal system not operated by Frederick Water that
has approval of the State Water Control Board.
PROPERTY—Any tract,lot,or parcel of land.
PROPERTY OWNERS'ASSOCIATION(POA)—A private,non rofit organization or corporation
of property owners,established to own,operate and maintain van us common facilities or properties.
May also be referred to in this Ordinance as a"homeowners' socj ton".
PUBLIC WATER AND SEWER SYSTEM—A water o sewer system owned and operated by a
municipality or public authority.
RECREATIONAL FACILITY—An area or structure de gned and equipped for the conduct of
sports,leisure-time activities,and other customary and usu I recreational activities.
RESERVE STRIPS—A strip of land set as dd ng subdivision to prevent adjoining properties
from connecting to an interiorosm.RIGHT-OF-WAY(ROW)— d,re ed for,or occupied by a street,railroad,utility or
other similar use.ROAD—A street dedic Frederick County or VDOT; also,privately owned ROW
which serve as the p `,6palme ns of4 ',less to more than one (1)property.
ROAD EFFICIENT BUFFER; A buffer separating residential uses from collector and arterial
roads.
SCREENING—A method'ofvisually shielding or obscuring adjoining property uses from each other
by fencing,walls,berms,or densely planted vegetation.
SEDIMENTATION—Deposited silt or soil that is being or has been moved by weathering or by
man.
SETBACK—The required distance between a building or structure and a lot line.
SETBACK LINE—An imaginary line fixed at a specified minimum distance from the boundaries of
a lot that limits the placement of structures.
SIDEWALK—A paved surfaced or leveled area,separated from the street, serving as a pedestrian
walkway.
SINKHOLE—Any natural depression in the surface of the ground which provides a means through
which surface water can enter directly into subsurface aquifers.
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CHAPTER 144 1 FREDERICK COUNTY SUBDIVISION ORDINANCE
SPITE STRIPS—See "reserve strip."
STEEP SLOPES—Land area where the slope exceeds 35%.
STORM DRAINAGE CONVEYANCE SYSTEM—A series of dedicated easements or facilities
that provide for stormwater management.
STORMWATER MANAGEMENT PLAN—Documents containing material describing methods
for complying with the requirements of a Virginia Erosion and Stormwater Management Program
(VESMP).
STORMWATER RUNOFF—The portion of precipitation that flows from a drainage area on the
land surface in open channels or in stormwater conveyance systems.
STORMWATER STORAGE SYSTEM—A storage facility to provide for the detention or retention
of stormwater.
STREET—A roadway dedicated to or owned by Frederick Coun y or VDOT, also,privately owned
rights-of-way which serve as the principal means of access to more han one (1)property.
STREET,ARTERIAL—A street so classified by VDOT or by the s andards of Frederick County
which collects and distributes traffic to and from ollector streets.
MINOR ARTERIAL—A"minor arterial ha 1 be a street designed to provide for either
primary or secondary through traffic movemen between major secondary roads,
collectors, arterials or other majo thor ughfares.Minor arterials interconnect and
supplement the principal arterial system with greater emphasis on land access and a
lower level of traffic mobility.
MAJOR ARTERIAL—A"major art ial" shall be a street designed as a major carrier of
through traffic.
STREET, COLLE TO —A st eet, so classified by VDOT or by the standards of Frederick
County,designe to collect a d distr bute traffic to and from local streets.
MINOR OLLECT R—A"minor collector" shall be a street within a subdivision that
collects traffi from ocal streets and distributes it to the major collector and arterial
system.These st ets provide land access service and traffic circulation within residential,
commercial and industrial areas and may be required to serve as access to adjoining
properties or to connect with streets in adjoining subdivisions.
MAJOR COLLECTOR—A"major collector" shall be a street that collects traffic from
local streets and minor collectors and distributes it to the arterial system.These streets
provide links to higher classified routes and serve as important intracounty travel
corridors.
STREET,LOCAL—A street,so classified by VDOT or by the standards of Frederick County,
designed to provide access to adjoining or abutting properties.A"local street" shall be a street
within a subdivision which may be required to serve as access to adjoining property or to connect
with streets in an adjoining subdivision.
STREET, SERVICE DRIVE—A right-of-way generally parallel and contiguous to a major
highway,primarily designed to promote safety by eliminating promiscuous ingress and egress to
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CHAPTER 144 1 FREDERICK COUNTY SUBDIVISION ORDINANCE
such major highway by providing safe and orderly points of access to the highway and streets
ending in a cul-de-sac.
STREETLIGHT—External lighting for the purpose of illuminating pedestrian and vehicular
travelways.
STREET SIGN—A sign, situated outdoors and located in the street right-of-way,which identifies a
specific portion of a road network system.
STREET WIDTH—The total width of the strip from property line to property line,dedicated or
reserved for public use or travel,including roadways,curbs,gutters, sidewalks and planting strips.
SUBDIVIDE—To divide any tract,parcel or lot of land into two(2)or more parts.
SUBDIVIDER—An individual,group,corporation,or registered partnership owning any tract,lot,or
parcel of land to be subdivided.
SUBDIVISION—The division of a lot,tract,or parcel of land o (2)or more lots,tracts,
parcels,or other divisions of land for sale,development or le, y* C;tw
tracts or parcels of land
resulting from the division of property.
SUBDIVISION,MAJOR RURAL—Any subdiv sion resulting in thecumulative total of four
(4)or more traditional 5-acre lots,or rural preser tion 1 is from a single parcel in the RA(Rural
Areas)zoning district.
SUBDIVISION,MINOR RURAL—Any subdivision re ulting in the cumulative total of three
(3)or fewer traditional 5-acre lots, family ivision lot or rural preservation lots from a single
parcel in the RA(Rural Areas) z i g distri
SUBDIVISION DESIGN PLAN(SDP)—A plan equired for the subdivision of land in the RP
(Residential Performance),R4 (Residential PI ed Community), and R5 (Residential Recreational
Community)zoning districts subm ed to the County for review and approval prior to recordation or
land disturbance,in ac ordance with th provisions of this Ordinance and Chapter 165,Zoning,of the
Frederick County C de.
SUBDIVISION ORDINANCE This Chapter, as adopted and amended by the Frederick County
Board of Supervisors.
SURVEYOR—A person duly licensed as such by the Commonwealth of Virginia.
UTILITY,PUBLIC—Any agency which,under public franchise or ownership or under certificate of
convenience and necessity,provides the public with electricity,gas,heat, steam,communication,rail
transportation,water, sewage collection,or other similar service.
VACATION OF PLAT—Action by the Board of Supervisors to nullify a plat as specified by §§
15.2-2270, 15.2-2271 and 15.2-2272 of the Code of Virginia.
WATERSHED—A basin in which all surface water drains to a centrally located stream,river,or
other body of water.
WETLANDS—Areas that are inundated or saturated by surface or groundwater at a frequency or
duration sufficient to support, and that under normal conditions does support, a prevalence of
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CHAPTER 144 1 FREDERICK COUNTY SUBDIVISION ORDINANCE
vegetation typically adapted for life in saturated soil conditions, and that is subject to a perpetual
easement permitting inundation by water.
WOODLANDS—Areas,groves,or stands of mature or largely mature trees greater than six(6)
inches caliper covering an area greater than 1/4 acre or groves of mature trees greater than 12 inches
caliper consisting of more than 10 individual trees.
ZONING ORDINANCE—Chapter 165,Zoning,of the Frederick County Code as adopted and
amended by the Frederick County Board of Supervisors.
VI-9
Frederick County I Phase I Ordinance Update
Subdivision Ordinance • Updated
Section Ordinance Note
Article Section Content
Number Location
Article I - Intent
Article I - Intent 144-1 Intent. 144-101.03.
Article II - Definitions
Article II - Definitions 144-2 Definitions and word usage. 144-601.01.
144 602.01.
Article III -General Provisions
144-3 Compliance required. 144-302.01.
144-4 Subdivision Administrator. 144-201.01.
Article III -General 144-5 Interpretations and appeals. 144-101.10.
Provisions 144-201.01.
144-6 Violations and penalties. 144-202.02.
144-7 JAmendments. 1 144-101.06.
144-8 Fees. 1 144-203.01.
Article IV-Subdivision Review Procedures
144-9 General procedure. 144-101.04.
144-10 Master development plan. 144-101.04.
Per staff direction, requirements for preliminary
sketches have been removed from the Subdivision
Ordinance and instead consolidated with
Subdivision Design Plans.In practice,the County is
144-11 Preliminary sketches. Removed requiring most subdivisions-even in the RA
district-to submit Subdivision Design Plans,
based on the need to verify compliance with other
County requirements related to stormwater
Article IV - management and roads.
Subdivision Review
Procedures 144-12 Subdivision design plan. 144-502.03.
144-502.04.
144-503.02.
144-503.03.
144-13 Final plat approval.
144-503.04.
144-503.05.
144-101.04.
144-14 Boundary line adjustments;lot consolidations. 144-301.04.
144-503.03.
144-101.04.
144-15 Minor rural subdivisions. 144-503.03
144-503.04.
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Frederick County Phase I Ordinance Update
Subdivision Ordinance • Updated
Section Ordinance Note
Article Section Content
Number Location
Article V-Design Standards
144-16 General standards. 144-302.01.
144-302.05.
144-17 Streets.
144-302.07.
144-18 Sidewalks and pedestrian walkways. 144-302.07.C.
144-19 Streetlights. 144-302.07.
144-20 Sewer and water service. 144-302.12.
144-21 Stormwater management. 144-302.15.
144-22 Erosion and sediment control. 144-302.15.
Environmental requirements;floodplain
144-23 144-302.15.
development;wetlands.
144-302.02.
144-302.03.
Article V -Design 144-24 Lot requirements.
g 144-302.04.
Standards 144-302.05.
144-25 Utilities and easements. 144-302.11.
144-26 Buffers and screens;recreational facilities. Removed Removed due to redundant language.
144-27 Avigation easements. 144-302.11.
144-28 Dedication of common open space. 144-302.08.
144-29 Grading requirements. 144-302.09.
144-30 Monuments and markers. 144-302.11.
144-301.02.
144-31 Rural subdivisions.
144-301.03.
144-32 Property owners' associations. 144-302.14.
Commercial and industrial design standard
144-33 144-302.07
exceptions.
Article VI - Plan Requirements
144-502.02.
144-34 Certification required.
144-503.02.
144-35 Preliminary sketches. Removed See note above.
Article VI - Plan 144-36 Subdivision design plan contents. 144-502.02.
Requirements 144-503.02.
144-37 Final plats.
144-503.03.
144-38 Deed of dedication. 144-501.05.
r144-39 Minor rural subdivisions. 144-503.02.C.
Article VII - Improvements and Guaranties
Article VII -
144-302.15.
Improvements and 144-40 General requirements.
144 401.01.
Guaranties
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