SUBDIVISION ORDINANCE
CAROLINE COUNTY, VIRGINIA
AN ORDINANCE TO REGULATE THE SUBDIVISION OF PROPERTY INTO LOTS, STREETS, ALLEYS AND OTHER
PUBLIC AREAS, TO PROVIDE FOR THE MAKING AND RECORDING OF PLATS OF SUCH SUBDIVISIONS AND THE
CERTIFICATION OF SUCH SUBDIVISIONS AND PROVIDE FOR THE APPROVAL OF PLATS.
Pursuant to the statutes of Virginia in such cases made and provided for under Article 7, Title 15.1, Code of
Virginia, as amended.
Whereas, the Board of Supervisors of Caroline County, Virginia, is authorized to adopt regulations to assure
orderly subdivision of land and its development, to provide for the harmonious and economic development of
the County, for the coordination of streets within subdivisions of land with other existing or planned streets, for
adequate open spaces for traffic, recreation, light and air and for distribution of population and traffic which
will tend to create conditions favorable to health, safety, convenience and prosperity.
Therefore, be it ordained by the Board of Supervisors of Caroline County, that the following regulations are
hereby adopted for the subdivision of land within unincorporated portions of Caroline County.
SECTION 1 - PURPOSE AND TITLE
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PURPOSE
The purpose of this ordinance is to establish certain subdivision standards and
procedures for Caroline County, Virginia, and such of its environs as come under the
jurisdiction of the governing body as provided for by the 1950 Code of Virginia, as
amended.
These are part of a long-range plan to guide and facilitate the orderly beneficial growth of
the community, and to promote the public health, safety, convenience, comfort,
prosperity and general welfare. More specifically, the purposes of these standards and
procedures are to provide a guide for the change that occurs when lands and acreage
become urban in character as a result of development for residential, business, or
industrial purposes, to provide assurance that the purchasers of lots are buying a
commodity that is suitable for development and use; and to make possible the provision
of public services in a safe, adequate and efficient manner.
Subdivided land sooner or later becomes a public responsibility in that roads and streets must be maintained
and numerous public services customary to urban areas must be provided. This ordinance assists the
community in meeting these responsibilities.
This ordinance is known and may be cited as the “Subdivision Ordinance of Caroline County, Virginia”.
SECTION 2 - DEFINITIONS
(Repealed and Replaced 9/12/06)
WORDS AND TERMS
For the purpose of this ordinance, certain words and terms used herein shall be interpreted or defined as
follows:
Words used in the present tense include the future, words in the singular number include the plural, and the
plural the singular, unless the natural construction of the word indicates otherwise; the word “lot” includes the
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word “parcel”; the word “shall” is mandatory and not directory; the word “approve” shall be considered to be
followed by the words “or disapproved”; any reference to this ordinance includes all ordinances amending or
supplementing the same; all distances and areas refer to measurement in a horizontal plane.
ALLEY: A permanent service way providing a secondary means of access to abutting properties.
BOUNDARY LINE ADJUSTMENT: Where adjacent property owners vacate a boundary line and no new building
lots are created. Such property line adjustments must contain the original parcel and/or have a common
border with the original parcel. In order for such realignment of property lines not to be considered an act of
"subdivision," only one boundary adjustment per parcel of record as of the effective date of this section shall be
allowed in any one-year period.
BUILDING LINE: The distance which a building is from the front line or front boundary line.
COMMISSION: The Planning Commission of Caroline County.
COUNTY: Caroline County, Virginia.
CUL-DE-SAC: A street with only one outlet.
BOND: Certified check, cash escrow or performance bond in an amount and form approved by the Commission
of Caroline and held by the governing body.
EASEMENT: A grant by a property owner of the use of land for a specific purpose or purposes.
ENGINEER: An engineer licensed by the Commonwealth of Virginia.
GOVERNING BODY: The Board of Supervisors of Caroline County, Virginia.
HEALTH OFFICIAL: The Health Director of Caroline County, Virginia.
HIGHWAY ENGINEER: The Resident Engineer employed by the Virginia Department of Highways.
JURISDICTION: The area of territory subject to the legislative control of the governing body.
LOT: A numbered and recorded portion of a subdivision intended for transfer of ownership.
LOT, CORNER: A lot abutting upon two (2) or more streets at their intersection; the shortest side fronting upon
a street shall be considered the front of the lot, and the longest side fronting upon a street shall be considered
the side of the lot.
LOT, DEPTH OF: The mean horizontal distance between the front and rear lot lines.
LOT, DOUBLE FRONTAGE: An interior lot having frontage on two (2) streets.
LOT, INTERIOR: A lot other than a corner lot.
LOT LINE VACATION: When two (2) or more lots are legally combined by survey and/or deed creating one (1)
larger lot.
LOT OF RECORD: A lot which has been recorded in the office of the Clerk of the appropriate court.
LOT, WIDTH OF: The mean horizontal distance between the side lot lines.
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PLAT: Includes the terms: map, plan, plot, replat, or replot; a map or plan of a tract or parcel of land which is to
be, or which has been subdivided. When used as a verb “plat” is synonymous with “subdivide”.
PROPERTY: Any tract, lot, parcel or several of the same collected together for the purpose of subdividing.
ROAD: Same as street.
RECORDATION: The term “to record,” verb transitive, or the term “record” when used as a verb shall mean the
filing for recordation. The actual receipt by the Clerk of the Circuit Court of Caroline County, Virginia, or one of
his duly authorized deputies of the item or writing to be recorded; and, payment of all fees and/or taxes due or
to be collected by the office of such Clerk for recordation, and, issuance by such clerk or duly authorized deputy
of a receipt for the fees and/or taxes collected incident to the receipt of such item or writing for recordation.
RESUBDIVISION: To divide any legally recorded subdivision (whether approved and recorded as provided in the
county subdivision ordinance or recorded prior to applicability of such subdivision ordinance) including the
relocation, alteration, and vacation of lot lines.
STREET: The principal means of access to abutting properties.
STREET OR ALLEY, PUBLIC USE OF: The unrestricted use of a specified area or right-of-way for ingress and
egress to two (2) or more abutting properties.
STREET, LOCAL: A street that is used primarily as a means of public access to abutting properties expected to
carry low to medium volumes of traffic.
STREET, PRIMARY: A street that carries or is expected to carry a volume of through traffic exceeding four
hundred (400) vehicles a day.
STREET, SECONDARY COLLECTOR: A street that is used to collect local traffic for transfer to primary streets
expected to carry medium to high volumes of traffic.
STREET, SERVICE DRIVE: A public right-of-way generally parallel and contiguous to a major highway, primarily
designed to promote safety by eliminating promiscuous ingress and egress to the right-of-way by providing safe
and orderly points of access to the highway.
STREET, WIDTH: The total width of the strip of land dedicated or reserved for public travel, including roadway,
curbs, gutters, sidewalks and planting strips.
SUBDIVISION: A division, subdivision, or resubdivision of a lot, tract, or parcel of land situated wholly or partly
within the boundaries of the County into two (2) or more lots, tracts or parcels of land for the purpose, whether
immediate or at some future time, of the transfer of ownership of any of these, or for the purpose of the
erection of a building or other structure on any one of them.
SUBDIVISION, MAJOR: All subdivisions which are not classified as minor subdivision, including but not limited
to subdivisions of three (3) or more lots, or any size subdivisions requiring a new street or extension of public
water and/or sanitary sewer, or any other public improvements or any re-subdivision of a previously vacated lot
line in a residential development of record. Review and approval of a major subdivision shall be in accordance
with Section 3-1 of these regulations.
SUBDIVISION, MINOR: Any subdivision containing not more than two (2) lots not involving any new street or
road construction, or the extension of public facilities, or the creation of any public improvements, and not in
conflict with any provision or portion of the Comprehensive Plan, Official Zoning Map, Zoning Ordinance, or
these regulations. A Minor subdivision shall also include boundary line adjustment(s) between adjacent
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property owners where no new building lots are created and family divisions. Review and approval of a minor
subdivision shall be in accordance with Section 3-1.1 of these regulations.
SUBDIVIDER: An individual, individuals, corporation or partnership owning any tract or parcel of land to be
subdivided.
SUBDIVISION DEVELOPER OR DEVELOPER: An individual, corporation or partnership which acquires lots
within a subdivision for the purpose of resale following construction thereon of improvements or any individual,
corporation or partnership which acquires from a subdivider or his successor in interest the right to construct
improvements within a subdivision for resale.
SUBDIVISION AGENT OR DIRECTOR OF PLANNING: The representative of the Board of Supervisors of Caroline
County who has been appointed to serve as the agent of the Board in enforcing this ordinance.
SECTION 3 - ADMINISTRATION AND ENFORCEMENT
3-1
The administration and enforcement of all state and local laws applicable to land subdivision
and development, and all subsequent amendments to said statutes and ordinances shall be
vested solely in the governing body. The Planning Commission shall review and approve or
disapprove all major subdivision plats in accordance with this ordinance and the laws of the
State of Virginia. In the performance of its duties the Commission shall call for verbal or written
opinions or decisions from other departments of the County, as well as pertinent reports from
State agencies and consultants where deemed necessary. Right is reserved in the governing
body to elect by resolution entered of record whether it will or will not accept the dedication of
any proposed subdivision street or alley.
3-1.1
A survey plat of the original parcel showing the proposed division must be submitted
to the Subdivision Agent, and approved by the Agent prior to recordation of a Minor
Subdivision. Additionally, when the minor subdivision is an immediate family division,
the following conditions shall apply:
1.
The grantee is an immediate family member of the owner or owner(s) who
are immediate family members, as defined in this ordinance.
2.
No previous transfer under this provision has been granted to the grantee in
this County.
3.
The lot will not be voluntarily transferred to a non-immediate family member
for at least five (5) years except in accordance with paragraph thirteen (13)
below. Nothing in this section shall prohibit the subsequent or simultaneous
transfer of a shared interest to the spouse of the grantee.
4.
When creating more than two lots, a road maintenance agreement in
perpetuity must be executed between the property owners with a statement
that the owners will not request to be included in the Virginia Department of
Transportation’s Rural Addition Program.
5.
The grantee is 18 years of age and able to hold real property under the laws
of Virginia.
6.
The purpose of the transfer is to provide for the housing needs of the
grantee.
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7.
The transfer is not for the purpose of circumvention of the Subdivision
Ordinance.
8.
The grantor and grantee sign an affidavit duly acknowledged before some
office authorized to take acknowledgments of deeds that certifies
compliance with 1 thru 7 above.
9.
The lot shall be served by a right-of-way of not less than twenty feet in width.
10.
When the residue can no longer be divided under this provision or otherwise,
a note to that effect shall be contained on the plat or in the deed.
11.
Procedures for approval shall be the same as those for minor subdivisions
contained in paragraph 2-31.2 of the Subdivision Ordinance.
12.
In the event the Board of Supervisors determines a circumvention to have
occurred, the family subdivision approval and special exception shall be
considered void and the County may take appropriate action to require
compliance with all otherwise applicable subdivision and zoning
requirements or may initiate action to vacate said lot. No zoning permits
shall be issued for such lots(s).
13.
If the Board finds that an extraordinary hardship is being caused by the five
year restriction, it may reduce the time period to alleviate the hardship. This
hardship provision shall be noted on the plat or in the deed.
(Amended 08/24/99)
3-2
ADMINISTRATIVE AUTHORITY
In addition to the regulations herein contained for the platting of the subdivisions, the
Commission may, from time to time, establish any reasonable additional administrative
procedures deemed necessary for the proper administration of this ordinance.
3-3
RIGHT OF APPEAL
In the event a plan for subdivision is disapproved by the Planning Commission the subdivider
may appeal to the Board of Supervisors which may override the ruling of the Planning
Commission.
3-4
Nothing in this ordinance shall be construed to authorize the impairment of any vested right.
SECTION 4 - PROCEDURE FOR MAKING AND RECORDING PLATS
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PLATTING REQUIRED
Any owner or developer of any tract of land situated within Caroline County who subdivides the same
shall cause a plat of such subdivision to be made and recorded in the office of the Clerk of the
appropriate court. No such plat of subdivision shall be recorded unless and until it shall have been
submitted, approved and certified by the Commission in accordance with the regulations set forth in
this ordinance. No lot shall be sold in any such subdivision before the plat shall have been
recorded.
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4-2
DRAW AND CERTIFY
Every such plat shall be prepared by a surveyor or engineer duly licensed by the State of Virginia,
who shall endorse upon each plat a certificate signed by him setting forth the source of the title of
the land subdivided, and the place of record of the last instrument in the chain of title. The outlines
of the several tracts shall be indicated upon such plat, within an insert block, or by means of a
dotted boundary line upon the plat.
4-3
OWNER’S STATEMENT
Every such plat, or the deed of dedication to which plat is attached, shall contain, in addition to the
surveyor’s or engineer’s certificate, a statement to the effect that “the above and foregoing
subdivision of (here insert correct description of the land subdivided) as appears in this plat is with
the free consent and in accordance with the desire of the undersigned owners, proprietors, and
trustees, if any, which shall be signed by the owners, proprietors, and trustees, if any, and shall be
duly acknowledged before some officer authorized to take acknowledgments of deeds, and when
thus executed and approved as herein specified shall be filed and recorded in the office of the Clerk
of the appropriate court, and indexed under the names of the land owners signing such statement
and under the name of the subdivision.
4-4
PRIVATE CONTRACTS
This ordinance bears no relation to any private easement, covenant, agreement or restriction, nor is
the responsibility of enforcing such private easement , covenant, agreement or restriction implied
herein to any public official. When this ordinance calls for more restrictive standards than are
required by private contract the provisions of this ordinance shall control.
4-5
NECESSARY CHANGES
No change, erasure, or revision shall be made on any preliminary or final plat, nor on accompanying
data sheets after approval of the Commission has been endorsed in writing on the plat or sheets,
unless authorization for such changes has been granted in writing by the Commission and unless
such changes shall comply with these subdivision regulations in every respect.
4-6
FEES
There shall be a charge in connection with an application for the examination and approval or
disapproval of every plat reviewed. At the time of filing a plat the subdivider shall deposit a check
payable to the County Treasurer in the amount as reflected on the current fee schedule as adopted
by the Board of Supervisors.
No fee paid pursuant to this section shall be refunded unless a written request for withdrawal of the
application is received by the Department of Planning & Community Development within five (5)
working days after the date of application. Any mailings, sign posting or other costs already incurred
by the County shall be deducted from any requested refund. (Amended 11/13/08)
SECTION 5 - GENERAL REGULATIONS
Repealed & Replaced 1/13/09
5-1
UNSUITABLE LAND
Land subject to flooding and land deemed topographically unsuitable shall not be platted for
residential occupancy, or for such other uses as may increase danger of health, life or property, or
aggravate erosion or flood hazard. Such land within the subdivision shall be set aside on the plat
for such uses as shall not be endangered by periodic or occasional inundation or shall not produce
conditions contrary to public welfare.
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5-2
FLOOD AND EROSION CONTROL
The subdivider shall provide all information needed to determine what improvements are necessary
to provide adequate drainage, flood control, erosion control, drainage plans, flood control devices,
including contour maps, at an interval to be specified by the Director of Planning and Community
Development.
5-3
IMPROVEMENTS
All required improvements shall be installed by the subdivider at his cost. In cases where
specifications have been established either by the Virginia Department of Transportation (VDOT) for
streets, curbs, etc., or by local ordinances and codes, such specifications shall be followed. The
subdivider’s performance bond shall not be released until construction has been inspected and
approved by the Virginia Department of Transportation (VDOT).
5-4
EASEMENTS
Easements for drainage through adjoining property shall be provided by the subdivider, as required.
Construction (temporary) easements shall be forty (40) feet in width. Permanent easements of not
less than twenty (20) feet in width shall be provided for water, sewer, power lines and other utilities
in the subdivision when required.
5-5
SEPTIC TANKS
The Commission shall not approve any subdivision where sanitary sewers are not provided unless it
shall receive in writing from the health department, a statement to the effect that the area
contained in the subdivision is generally satisfactory for the installation of septic tanks, and that
they will not, so far as can be determined, create hazards to public health, and that such approval
by the Commission is only with the understanding that where septic tanks are to be installed, there
must be approval on an individual lot basis by the health department.
5-6
PUBLIC WATER
Where public water is available the service shall be extended to all lots within a subdivision.
5-7
PRIVATE WATER AND /OR SEWER
Nothing in this regulation shall prevent the installation of privately owned water distribution systems
or sewage collection and treatment facilities, provided, however, that any such installations must
meet all of the requirements of the State Water Control Board, the State Health Department, and
any other state or local regulation having authority over such installations and consistent with the
Comprehensive Plan..
5-8
FIRE PROTECTION
The installation of adequate fire hydrants in a subdivision at locations approved by the Department
of Public Utilities and Building Official may be required, provided necessary public water is available.
Where no central water is provided and there is a water source on the subject parcel the subdivider
shall install a dry hydrant to the specifications of the Department of Fire and Rescue. (See figure
below)
1-7
5-9
LOT SHAPE
Lot depth shall not exceed four (4) times its width unless the Planning Commission determines
that the topography, terrain, or other physical characteristics of the land render the requirement
for such dimensional restrictions impracticable.
5-10
LOCATION
1-8
Each lot shall abut on a street dedicated by the subdivision plat, or on a street which has
become public by right of use. If the existing streets are not fifty (50) feet in width, the
subdivider shall make provisions in the deeds to the lots for all buildings to be so constructed as
to permit the widening by dedication of such roads or streets to a width of fifty (50) feet.
5-11
CORNER LOTS
Corner lots shall have extra width sufficient for maintenance of any requiring building lines on
both streets as determined by the Commission.
5-12
SIDE LINES
Sidelines of lots shall be approximately at right angles, or radial to the street line.
5-13
REMNANTS
All remnants of lots below minimum size left over after subdividing of a tract must be added to
adjacent lots, or otherwise disposed of, rather than allowed to remain as unusable parcels.
5-14
SEPARATE OWNERSHIP
Where the land covered by a subdivision includes two or more parcels in separate ownership,
and lot arrangement is such that a property ownership line divides one or more lots, the land in
each lot so divided shall be transferred by deed to single ownership, simultaneously deposited
with the recording of the final plat. Said deed is to be deposited with the Clerk of the Court, and
held with the final plat until the subdivider is ready to record same, and they both shall then be
recorded together.
5-15
LENGTH
Generally, the maximum length of blocks shall be twelve hundred (1,200) feet, and the minimum
length of blocks upon which lots have frontage shall be five hundred (500) feet.
5-16
WIDTH
Blocks shall be wide enough to allow two (2) tiers of lots of minimum depth, except where
fronting on major streets, unless prevented by topographical conditions or size of the property, in
which case the Commission may approve a single tier of lots of minimum depth.
5-17
ORIENTATION
Where a proposed subdivision will adjoin a major road, the Commission may require that the
greater dimension of the block shall front or back upon such major thoroughfare to avoid
unnecessary ingress or egress.
5-18
BUSINESS OR INDUSTRIAL
Lots intended for business or industrial use shall be designed specifically for such purposes with
adequate space set aside for off-street parking and delivery facilities. Private service drives may
be permitted in business or industrial development provided such drives abide by the private
street provisions of this chapter.
5-19
ALIGNMENT AND LAYOUT
1-9
The arrangement of streets in new subdivisions shall make provision for the continuation of
existing streets in adjoining areas. The street arrangement must be such as to cause no unnecessary hardship to owners of adjoining property when they plat their own land and seek to
provide for convenient access to it. Interparcel connections shall be provided and constructed to
the property lines of adjoining property by the subdivider. Spite strips are prohibited.
In all hillside areas streets running with contours shall be required to intersect at angles of not
less than sixty (60) degrees, unless approved by the Virginia Department of Transportation
(VDOT).
5-20
ACCESS
Whenever a proposed subdivision contains or is adjacent to a limited access highway or
expressway, provision shall be made for a service drive or marginal street approximately parallel
to such right-of-way at a distance suitable for the establishment of screening and buffering the
residential lots from such highway and the proposed subdivision. Such distances shall be
determined with due consideration of the minimum distance required for ingress and egress to
the main thoroughfare (as described in sub-sections below). The right-of-way of any major
highway or street projected across any railroad, limited access highway or expressway shall be of
adequate width to provide for the cuts or fills required for any future separation of grades.
5-20.1
Where a tract of land to be subdivided adjoins a primary or secondary road, all
subdivided lots shall be served by an internal street constructed to the standards of
the Virginia Department of Transportation (VDOT) unless an exception is granted by
the Commission in accordance with Section 7.1 of this ordinance.
5-20.2
Notwithstanding the provisions of the foregoing paragraph 20.1, where a tract of land
is proposed as a minor subdivision, and the property is zoned Rural Preservation (RP)
or Rural Residential (RR-2 or RR-5) access to the subdivided lot shall be provided by a
right-of-way at least fifty (50) feet in width, with a minimum of a twenty (20) foot travel
surface which need not be constructed to VDOT standards. Only one point of access
shall be allowed for a minor subdivision unless there is more than 425 feet of
separation between an existing entrance and the newly proposed entrance. The
existing entrance shall not be utilized for future subdivision access. Any further
subdivision of the property (residual or the subdivided parcel) shall require plan
submission, review and approval in accordance with the major subdivision
requirements of this Ordinance. The designation and location of the right-of-way on
the approved plat shall be the location of all future access to subdivided land unless
another location is deemed necessary and approved by the Planning Commission. All
subdivisions approved pursuant to this subsection must contain a note on the
subdivision plat that references the requirements of this subsection.
All subdivisions installing a new access point to the state road network shall obtain a
Land Use Entrance Permit from VDOT. When three (3) or more lots are proposed a
paved entrance with a minimum of 24 feet wide shall be installed by the subdivider
(see figure 56 & 57 in Article 2 of the Caroline County Zoning Ordinance).
1-10
5-20.3
Where a tract of land to be subdivided adjoins a primary or secondary road, and
contains more than forty-nine (49) lots, a second point of access to the state road
system is required. For each additional fifty (50) lots another access to the existing
state road system is required unless an internal street is constructed which can serve
as a secondary arterial road designed in accordance with a boulevard standard. Such
standard shall include a raised landscaped median. The location to the existing state
road system shall be 1,250 feet from the existing access point or 425 feet from any
other access point.
5-20.4
Where internal street access is established, private driveways shall be prevented from
having direct access to the adjoining primary or secondary road and a buffer or
screen, to the extent deemed necessary by the Director of Planning and Community
Development, shall be required to separate residential properties from the primary or
secondary road (see figure 5-20.4 below).
The permitted intersections with primary or secondary roads shall be at right angles in
order to reduce traffic hazards, unless the Virginia Department of Transportation
(VDOT) allows lesser angle because of topography or the nature of existing roadways.
5-20.5
5-21
5-20.6
When an exception is granted to Section 5-20.1 above, shared driveway entrances
between subdivided lots are required.
5-20.7
An exception to Section 5-20.1, is permitted only when due to the nature of the
existing roads and topography, access to the state road system poses an immediate
threat to those person(s) accessing the property or the traveling public. Any exception
permitted shall require all driveways share a common entrance point to the state road
system.
APPROACH ANGLE
Major streets shall approach major or minor streets at an angle of not less than eighty (80)
degrees, unless the Commission, upon recommendation of the Virginia Department of
Transportation (VDOT), shall approve a lesser angle of approach for reasons of contour, terrain or
matching or existing patterns.
5-22
MINIMUM WIDTHS
The minimum width of proposed streets, shall be according to the standards of the Virginia
Department of Transportation (VDOT).
5-23
CONSTRUCTION REQUIREMENTS
All public streets shall be constructed according to the requirements and standards of the
Virginia Department of Transportation of Transportation (VDOT).
5-23.1
5-24
Where open cut ditches for drainage or any purposes whatever are used within
subdivision boundaries, or on adjacent lands when required by the Planning
Commission for proper drainage, slopes shall be not steeper than two (2) feet
horizontal to one (1) foot vertical.
CUL-DE-SACS
1-11
Cul-de-sacs should be avoided whenever possible to provide connectivity within the road
network. At the terminus of a cul-de-sac, a 4 X 4 (16 square foot) sign shall be posted by the
subdivider stating that this road may be extended upon future development of the adjoining
property. References to this future extension shall be in all deeds of lots within the development.
In these instances the terminus of the cul-de-sac shall be constructed at the property line.
References to this future extension shall be in all deeds of lots within the development.
If a cul-de-sac is designed to be permanently closed, it shall serve no more than twelve (12) lots
from its origin to the beginning of the turnaround. Each cul-de-sac must be terminated by a
turnaround which meets standards of the Virginia Department of Transportation (VDOT) (see
figures 11, 12, and 13 in Article 2 of the Caroline County Zoning Ordinance).
5-25
ALLEYS
Alleys should be incorporated into the subdivision design in planned developments. The use of
alleys along arterial roads within planned developments should be used to reduce or eliminate
the number of driveways along such roads. Alley entrances to state roads shall comply with the
requirements as adopted by Caroline County and the Virginia Department of Transportation
(VDOT). Dead-end alleys, if unavoidable, shall be provided with adequate turnaround facilities as
determined by VDOT and Caroline County and shall be paved.
5-26
STREETS
There shall be no private streets platted in any subdivision and every subdivided property
shall be served from a publicly dedicated street, except under the following conditions:
5-26.1
Unless the subdivision is a planned development where such private roads
and/or alleys were approved by the Board of Supervisors at the time of rezoning.
All private roads shall be constructed to the design standards of the Virginia
Department of Transportation (VDOT) and/or Caroline County. The entire acreage
shall be title of record in the name of the subdivider(s) who must show evidence
of bona fide options held by the subdivider(s) and given by the landowners of
record, prior to application.
5-26.2
The subdivider requests that the streets in the subdivision be private.
5-26.3
Any private street must be constructed by the subdivider and approved in
accordance with the provisions of this ordinance and the standards and
specifications of the Virginia Department of Transportation (VDOT). A street
maintenance agreement shall be prepared and recorded for all private streets.
The agreement must require that all parties benefiting/using the private street
shall be responsible for financing the maintenance of said street.
5-26.4
In-so-far as the Virginia Department of Transportation (VDOT) will comply, within
thirty (30) days upon a written request to review; it shall examine and pass on
plats and construction of private roads to the same extent as for streets
dedicated to public use to insure that its standards and specifications have been
complied with.
1-12
5-27
5-26.5
If the Virginia Department of Transportation will not pass on plats or inspect the
construction of private streets, an engineer acceptable to the Department of
Planning & Community Development (DPCD) and paid for by the subdivider shall
(1) certify on preliminary and final plats that these plats meet the standards and
specifications of the Virginia Department of Transportation (VDOT), and (2) certify
that said standards and specifications have been met upon the completion of the
streets.
5-26.6
The Commission is satisfied that the provisions for the future maintenance of a
private street are adequate and will continue in effect.
5-26.7
In the event streets in the subdivision will not be constructed to meet the
standards necessary for inclusion in the secondary system of state highways, the
subdivision plat, deed of subdivision, and all covenants and restrictions shall
contain a statement advising that the streets in the subdivision do not meet state
standards and shall not be maintained by the Department of Transportation
(VDOT) or Caroline County. Grantors of any subdivision lots to which this
statement applies shall include the statement in each deed of conveyance
thereof.
5-26.8
Signage shall be posted at such locations deemed necessary by VDOT and the
Caroline County Department of Planning and Community Development (DPCD)
which states: “This street is a private street that does not meet state standards
and will not be maintained by either the Virginia Department of Transportation or
Caroline County but is the responsibility of _____________________ Property
Owner’s Association” (or other such entity as may be permitted).
NAMES
Proposed streets which are obviously in alignment with other already existing and named
streets shall bear the names of the existing streets. In no case shall the names of proposed
streets duplicate street names existing in the County, irrespective of the use of the suffix street,
avenue, boulevard, drive, way, place, lane or court. Street names shall be indicated on the
preliminary and final plats, and shall be approved by the Commission. Names of existing
streets shall not be changed except by approval of the Planning Commission.
5-28
IDENTIFICATION SIGNS
Street identification signs of a design approved by the Director of Planning and Community
Development and meets the requirements of VDOT shall be installed at all intersections.
5-29
VISIBLE FOR INSPECTION
Upon completion of subdivision streets, sewers and other improvements, the subdivider shall
make certain that all monuments required by the Commission are clearly visible for inspection
and use. Such monuments and improvements shall be shown on a set of as-built plans which
are inspected and approved by the Director of Planning and Community Development before
any improvements are accepted by the Board of Supervisors.
5-30
LOCATION - CONCRETE
1-13
Concrete monuments four (4) inches in diameter, or square, three (3) feet long, with a flat top,
shall be set at all street corners, at all points where the street line intersects the exterior
boundaries of the subdivision, and at right angle points, and points of curve in each street. The
top of the monument shall have an indented cross to identify properly the location and shall be
set flush with the finished grade.
5-31
LOCATION - IRON PIPE
All other lot corners shall be marked with iron pipe not less than three-fourths (3/4) inch in
diameter and twenty-four (24) inches long and driven so as to be flush with the finished grade.
When rock is encountered, a hole shall be drilled four (4) inches deep in the rock, into which
shall be cemented a steel road one-half (1/2) inch in diameter the top of which shall be flush
with the finished grade line.
5-32
LAND FOR PUBLIC PURPOSES
The Commission may require subdividers of residential subdivisions to set aside land for parks,
playgrounds, schools, libraries, municipal buildings, and similar public and semipublic uses,
subject to the following regulations:
5-32.1
Subdividers shall not be required to dedicate land for parks or playgrounds exceeding
ten (10) percent of the area of the subdivision, exclusive of street and drainage
reservations, unless a larger portion of land is required by County standards or in
accordance with proffered conditions or to meet the requirements as specified by an
agency of the Commonwealth of Virginia.
5-32.2
The subdivider shall provide a deed, plats and title for land(s) dedicated for public
purposes acceptable to the County Attorney before the Board of Supervisors accepts
such land dedication.
5-32.3
The Commission shall make certain that lands so reserved are divisible in the same
manner as the remainder of the subdivision so that the subdivider will not be required
to reserve an unusable portion of his subdivision.
5-32.4
Nothing herein shall be construed to mean that land may be set aside for commercial
purposes in a residential district, without the land so required for commercial use
being zoned appropriately in accordance with the Zoning Ordinance.
1-14
5-33
NOTICE TO ADJACENT PROPERTY
Any major subdivision preliminary plat requires notification of adjoining property owners by the
Commission in accordance with the following procedure: Notice shall be sent via first class mail
to the last know address of such owner on the current real estate tax assessment. Notice shall
be postmarked at least five (5) days prior to the Commission’s hearing date. The notice shall
contain information as to where an adjacent owner may obtain specific information relative to
the subdivision of the property. Additionally, the property shall be posted with signs identifying
the proposed development of the property.
The DPCD may allow the applicant to post the property and provide an affidavit to the
Department of Planning & Community Development (DPCD) certifying that the property has
been posted per the requirements above. In these instances sign(s) shall be provided to the
applicant from the DPCD to be used for such posting. The applicant shall reimburse the County
the cost of such signage.
5-34
PUBLIC COMMENT FOR EXCEPTIONS
At the filing of the preliminary plat of subdivision, the subdivider shall submit a list of all
exceptions requested and a detailed justification statement demonstrating that all
requirements of this section and any applicable exception standards are met.
The request for an exception will be presented to the Planning Commission at the same public
meeting at which the preliminary plat is considered by the Planning Commission and public
comment will be permitted at the meeting as it relates only to the exception.
SECTION 6 - APPROVAL OF PLATS
(Repealed and Replaced 9/12/06)
6-1
APPROVAL REQUIRED BEFORE SALE
1. Whenever any subdivision of land is proposed, and before any permit for the erection of a
structure shall be granted, the subdivider or his agent shall apply in writing to the
Commission for the approval of the subdivision plat and submit sixteen (16) copies of the
preliminary plat including the lot, street and utilities layout. No lot shall be sold until a final
plat for the subdivision shall have been approved and recorded.
a. The following are the platting requirements for administratively approved minor
subdivisions:
i.
ii.
iii.
iv.
v.
vi.
vii.
viii.
ix.
Title on plat specifying that it is a Minor Subdivision Plat;
Property lines of the new lot shown with bearings and distances;
Total area of the new lot (square feet and acreage);
Total area of the parcel from which the minor subdivision was taken (residual of
pre-existing tract;
Tax map number of the pre-existing parcel;
The location of the proposed drainfield (primary and reserve);
The current zoning of the property;
The deed book and page numbers of the parent tract of land;
The location of any lakes, rivers, and/or streams on the subject parcel, the
County may require the site specific delineation of the RPA boundaries for final
approval;
1-15
x. The location and dimensions of all access points or driveways from the state
road. Lots being served by a 50 foot ingress/egress easement shall show the
easement;
xi. The location of any easements and public rights-of-way;
xii. If fronting on a state maintained road, a minimum dedication of twenty-five (25)
feet from the centerline is required for public use;
xiii. The surveyor’s name, address, telephone and fax numbers, and seal with
certificate number on each plat;
xiv. An executed surveyor’s certificate;
xv. A dotted line delineating the required building setbacks;
xvi. The location of all existing structures lying within or partially overlapping the
required building setbacks on the new or residual parcel;
xvii. Provide appropriate notes as provided on page 3 of this packet for CBPAs and
future subdivisions;
xviii. Owner’s Consent and Dedication provided on the plat.
b. The following sections outline the process and platting requirements for major
subdivisions.
6-2
PRELIMINARY SKETCH
1. The subdivider may, if he so chooses submits to the Commission twenty-one (21) copies of
a preliminary sketch of the proposed subdivision prior to his preparing engineered
preliminary and final plats. The purpose of such preliminary sketch is to permit the
Commission to advise the subdivider whether his plans, in general, are in accordance with
the requirements of this ordinance. The Commission, upon submission of any such
preliminary sketch, shall study it, and advise the subdivider wherein it appears that
changes would be necessary. The Commission may mark the preliminary sketch
indicating necessary changes and any such marked sketch shall be returned to the
Commission with the preliminary plat.
The preliminary sketch shall contain the following information:
i. A completed land development application along with the appropriate review fees.
All checks shall be made payable to the Treasurer of Caroline County;
ii. Drawn on white paper or print of topographic map
iii. Scale shall be one hundred (100) feet to the inch
iv. Location, width and names of all existing and proposed streets and public right-ofways.
v. Location and dimensions of all lots, parks, playgrounds and other proposed uses
of the land.
6-3
PRELIMINARY PLAT
1. The subdivider shall present twenty-one (21) copies of an engineered preliminary plat.
The preliminary plat shall include the following information:
a. A completed land development application along with the review fees. All checks shall
be made payable to the Treasurer of Caroline County.
b. If the proposed subdivision is part of a larger lot, a map of such lot and a narrative
description of the development plan(s) for such lot.
1-16
c. A preliminary plat, drawn to scale of 1 = 200 for tracts over fifty (50) acres and 1 =
100 for smaller parcels, on a sheet(s) no larger than twenty-four (24) by thirty-six (36)
inches, prepared by an engineer or surveyor, in a standard format prescribed by the
Planning Commission including the following information;
i. Proposed name of subdivision;
ii. Name, address of owner and applicant;
iii. Name, signature, license number, seal and address of engineer or surveyor, as
applicable, involved in plat preparation;
iv. Title block denoting type of application, tax map sheet, lot number, street
location, and date of original;
v. A vicinity map at a scale of 1 = 2,000 showing location of lot with reference to
surrounding properties, streets, municipal or county boundaries, etc., within onehalf mile;
vi. A list of revisions and dates;
vii. Signature block for the Director of Planning, Director of Public Utilities, Virginia
Department of transportation and Virginia Department of Health.
viii. Preparer's certification blocks;
ix. Boundary survey showing bearings and distances with error of closure that meets
current surveying practices as administered by the Commonwealth of Virginia.
x. Total acreage of lot to be subdivided (or square feet, if less than an acre);
xi. The location of any required or proposed improvements or easements.
xii. Size and location of any existing structures, applicable setbacks and building
lines;
xiii. Conceptual phasing plan of development, if any;
xiv. Topographic contours with a minimum of two (2) foot contours from USGS map or
other more accurate source;
xv. Water bodies and USGS perennial and intermittent streams;
xvi. Watershed boundaries;
xvii. Wetlands boundaries based on a field delineation in accordance with Federal
standards.
xviii. Historic landmarks, historic district boundaries, Virginia natural heritage sites,
and known historic features, including without limitations (Civil War resources,
such as, earthworks, trace roads, stonewalls and fences);
xix. Cemeteries, Graves, objects or structures marking a place of burial shall be
delineated clearly within a conservation easement and a minimum of a ten (10)
foot access easement.
xx. One-hundred-year floodplain boundaries as shown on FEMA maps, dated
December 1, 1987 or latest maps or revisions;
xxi. Location and description of wooded areas, hedgerows and tree lines, including
individual freestanding trees greater than eight (8) caliper and individual trees
greater than fifteen (15) caliper in hedgerows and woodlands, and significant
physical features;
xxii. Location and area of any buffer area required under the County's Chesapeake
Bay Act Ordinance (including RPA designations on each lot).
xxiii. Existing and proposed street layout;
xxiv. Existing and proposed street names and widths;
xxv. General description of water supply system;
xxvi. Description and approximate location of proposed sewer system;
xxvii. Existing and proposed easements, alleys, rights-of-way or land reserved for or
dedicated to public use and/or areas to be held in common ownership;
1-17
xxviii. Existing and proposed points of connection with public water and sewer;
xxix. The approximate location and area of any sewage disposal site, including
required reserve areas, and confirmed by a field investigation by a soil scientist
together with the approximate location of the house site, and two (2) copies of
the soil reports prepared by a soil scientist with the AOSE certification number
and original signature or VDH certification letter, provided engineering has been
complete.
xxx. Areas with slopes exceeding fifteen (15) percent based on existing topographic
data.
xxxi. A schedule of applicable zoning districts and requirements, including lot area,
width, depth, setbacks, building coverage, open space, parking,, curve data table
etc.;
xxxii. Lot lines, zoning and principal uses of all existing lots or parcels within one
hundred (100) feet identified on the most recent tax map sheet;
xxxiii. Soils data, indicating at a minimum the existence of any highly erodible or highly
permeable, moderate and/or high shrink/swell or hydric soils. Shrink/Swell soils
data shall include a report prepared by a soils professional;
If the application involves a major residential subdivision, the final preliminary plat shall
contain the following additional information:
i. Lot layout including lot numbers and setback lines
ii. Minimum lot width at street;
iii. Total number of lots to be created and minimum and average area of lots in
square feet and acres;
iv. Table of minimum yard requirements;
6-4
ADDITIONAL DOCUMENTS
1. A document or documents setting forth the plans, designs and specifications of any
physical service improvements to be constructed within the subdivision by or on behalf of
the subdivider which document or documents shall incorporate sufficient information to
enable the Commission to fully discharge its duties under this chapter.
2. The instrument or instruments of dedication required by State Law.
3. To eliminate the necessity of many separate documents, plans and sketches, the
subdivider may incorporate into a single document, plan or sketch, in support of the
preliminary plan or plat, all or any part of the additional information required herein,
provided the sheet sizes specified are adhered to as required by the clerk.
6-5
PROCEDURE
1. The subdivider shall submit the preliminary plat to the Commission for review and
comment at the time construction plans are submitted for approval by the Director of
Planning. Construction plans must include all site plans for the subdivision including the
infrastructure and overall development of the site as shown on the proposed preliminary
plat.
2. The Commission shall complete action on the preliminary plat within sixty (60) days of
submission or within thirty-five (35) days after receipt of the approvals from all state
1-18
agencies. If the Commission does not approve the preliminary plat, the Commission shall
set forth in writing, which may be by formal letter or legible markings on a copy of the
preliminary plat, the reasons for such denial and shall identify the corrections or
modifications that permit approval. The subdivider may also be advised of the character
and extent of public improvements that will have to be made, and an estimate of the
cost of construction or improvements and the amount of performance bond which will be
required as a prerequisite to approval of the final subdivision plat. In determining the
cost of required improvements and the amount of the performance bond, the
Commission may retain, at the subdivider’s expense, a duly licensed engineer, or may
require that a formal estimate of the cost of improvements be furnished by the
subdivider.
6-6
EFFECT OF PRELIMINARY PLAT APPROVAL
The effect of final preliminary plat approval is to authorize:
1. Land-disturbing activities, provided that the following have been obtained: (i) a permit
from the Erosion and Sediment Control Program Administrator under the requirements
of Chapter 45 of the County Code, (ii) Chesapeake Bay Preservation Ordinance approval
under Article 15, Section 17 of the Caroline County Zoning Ordinance, and, (iii) site plan
approval under Article 15, Section 15 of the Caroline County Zoning Ordinance.
2. The submission of an application for final plat approval
subdivision or a section of the subdivision, provided that:
for the entire residential
i. a complete application for final plat approval is filed within twelve (12) months
of preliminary plat approval; and
ii. if final plat approval is sought for only a section of the subdivision, the section
must contain the following minimum number of lots:
6-7
Lots Shown on
Preliminary Plat
Required Minimum
Less than 100
10 Lots
Over 100
10 percent or twenty-five lots, whichever is less
SECURITY FOR PERFORMANCE; PENALTIES
1. In administering security for performance and approval of final plat(s) the governing body
may authorize the Director of Planning as their duly authorized agent.
2. In lieu of the requirement of Subsection 6-9 (a) (1) of this ordinance, a subdivider may
furnish to the governing body a certified check, cash escrow or performance bond in the
amount of the estimated costs for construction within the subdivision of all streets, curbs,
gutters, sidewalks, bicycle trails, drainage or sewerage systems, waterlines as part of a
public system or other improvements. Such certified check, cash escrow or performance
bond shall be posted upon such terms and conditions as the Director shall require, except
that the Director shall require in all cases that such certified check, cash escrow or
performance bond be posted on condition that such facilities are to be completed on or
before a date certain in a manner satisfactory to the Director acting on behalf of the
1-19
governing body and that such certified check, cash escrow or performance bond be
available to the governing body and not expire until the satisfactory completion of the
facilities, regardless of whether the target date for completion shall have passed. On any
performance bond, surety may be required satisfactory to the Director as agent for the
governing body, which surety shall be obligated for the life of the bond or, in the event the
suretyship expires before proper completion of construction such surety shall be
automatically renewable or shall provide for such notice by surety to the governing body at
least sixty (60) days prior to termination of the suretyship.
3. In the event the governing body has accepted the dedication of a road or street for public
use and such road or street, due to factors other than its quality of construction, is not
acceptable into the State Highway system, then the governing body may require the
subdivider or developer of the subdivision wherein such road or street is located to post
with the governing body a maintenance and indemnifying bond, with surety satisfactory to
the governing body, in an amount sufficient for and conditioned upon the maintenance of
such road or street until such time as it is acceptable into the State Highway system.
Maintenance of such road or street shall be deemed to mean maintenance of the streets,
curbs, gutters, drainage facilities, utilities or other street improvements, including the
correction of defects or damages and the removal of snow, water, or debris, so as to keep
such road reasonably open for public usage.
4. Any certified check, cash escrow or performance bond or other performance guarantee
provided for under this section shall be released in whole or part within thirty (30) days
after such receipt of written notice by the subdivider or developer of completion of all or
part of any facilities required to be constructed unless the governing body notify such
subdivider or developer in writing of any specified defects or deficiencies in construction
and suggested corrected measures prior to the expiration of said thirty (30) day period;
provided, however, that the governing body shall not be required to release such certified
check, cash escrow or performance bond or other performance guarantee in an amount in
excess of ninety percent (90%) of the actual cost of construction for which the bond, etc.,
was taken until such facilities have been completed and accepted by the governing body
or appropriate State agency.
5. The subdivider shall maintain his certified check, cash escrow or performance bond until
all improvements are completed in a manner satisfactory to the governing body, and if
necessary, shall renew or reinstate the same from time to time, as may be required by the
governing body, until satisfactory completion. In the event a subdivider sells or conveys
the land subdivided or proposed for subdivision, or in the event a subdivision is to be
developed by a person or entity other than the subdivider, the foregoing provisions of this
Subsection 6-5B shall be applicable to such successor in interest to the subdivider or to
such developer, to the same extent that said provisions are applicable to the subdivider.
6. Failure by any subdivider, developer, or successor in interest to a subdivider to obtain and
maintain such certified check, cash escrow, performance bond, or other performance
guarantee as provided for in Subsection 6-5B shall be punishable in the same manner as
provided for in Subsection 7-2 of this Ordinance.
6-8
NO GUARANTEE
Approval by the Commission of the preliminary plat does not constitute a guarantee of
approval of the final plat.
1-20
6-9
FINAL PLAT
1. The subdivider shall two (3) Mylar and one (1) paper copies of the engineered final plat
to the Director of Planning for his approval. Upon approval, the Director shall forward
one (1) Mylar copy to the Commissioner of Revenue, return one (1) Mylar copy to the
applicant and retain the remaining copies. It is the applicant’s responsibility to submit
the final approved plats to the Clerk of the Circuit Court for recordation.
2. A completed land development application along with the review fees. All checks shall
be made payable to the Treasurer of Caroline County.
3. An application for record plat approval shall be prepared in accordance with the
standards for plats under Section 15.2-2240 of the Code of Virginia, shall be drawn to
scale of 1 = 200 for tracts over fifty (50) acres and 1 = 100 for smaller parcels, on a
sheet(s) no larger than twenty-four (24) by thirty-six (36) inches, prepared by an engineer
or surveyor, in a standard format prescribed by the Director of Planning including the
following information;
i. A record plat containing a current boundary survey with all distances and baring
must balance and close within an accuracy of not less than one (1) in ten
thousand (10,000);
ii. Location, size and dimensions of ALL lots, common areas, easements, and other
improvements;
iii. The final plat in all respects conform to the requirements of the approved
preliminary plat and shall further conform to all requirements of this ordinance
and of law of the Commonwealth of Virginia;
iv. A certificate signed by the surveyor or engineer responsible for preparation of
the plat, the state highway engineer where compliance with Virginia Department
Of Transportation standards are an issue, and the county health official if
individual wells and on-site wastewater facilities are to be used;(shall provide
two (2) copies of the soil reports prepared by a soil scientist with a valid AOSE
certification and shall have an AOSE certification signature block completed by
the AOSE on record plat);
v. A signed and notarized owner's consent and certificate indicating the source of
title of the owner of the land subdivided, and the place of record of the last
instrument in the chain of title;
vi. Approval certificates for the Director of Planning, Director of Public Works and
the Director of Fire and Rescue;
vii. In bold type the following notices: NOTICE: THIS PLAT SHALL BECOME NULL AND
V OI D AN D B E OF N O F U R T HER F O R C E AN D EF F EC T I F T HE PL AT I S N OT R EC OR D ED
I N AC C OR D AN C E W I T H T HE S U B D I V I S I ON OR D I N AN C E OF C AR OL I N E C OU N T Y
W I T HI N S I X ( 6 ) M ON T HS OF T HE D AT E OF APPR OV AL . A PPR OV AL AN D / OR
R EC OR D I N G OF T HI S PL AT D OE S N OT C ON S T I T U T E AS S U R A N C E T HAT PU B L I C
S EW ER OR PU B L I C W AT ER S ER V I C E W I L L B E AV AI L AB L E T O S ER V E T HE L AN D
D ES C R I B ED ON T HI S PL AT AT AN Y PAR T I C U L AR T I M E.
viii. When the plat is of land acquired from more than one (1) source of title, the
outline and area of each of the several tracts shall be indicated upon the plat,
within an insert block, or by means of a dotted boundary line upon the plat;
1-21
ix. A notation by the preparer of the plat specifying which of the lots shown thereon
contains moderate or high potential shrink/swell soils, based upon the soils
analysis and results thereof depicted on the preliminary plat;
x. Executed covenants and restrictions for common areas;
xi. The articles of incorporation or other organizational documentation for the
homeowners' association;
xii. The by-laws of the homeowners' association, if any;
xiii. A fiscal program for a minimum of ten (10) years, including adequate reserve
funds for the maintenance and care of all lands, streets, facilities, and uses
under the purview of the homeowners' association;
xiv. A recommended time schedule for the maintenance of major facilities, including
streets, street signs, pools, sidewalks, parking areas and buildings;
xv. A copy of the proposed notice that will be given to prospective buyers regarding
the organization, assessments and fiscal program;
xvi. A copy of the deed of conveyance and a title certificate or, at the discretion of
the director of planning, a commitment for a policy of title insurance issued by
an insurance company authorized to do business in the Commonwealth of
Virginia, assuring unencumbered title for all lands proposed to be conveyed to
the county, other appropriate governmental agency, or other organization,
including the homeowners' association;
xvii. An executed deed of dedication and easement conveying to the county land in
fee simple and easements for public/county purposes which are depicted on the
record plat;
xviii. An executed subdivision agreement and improvement guarantees;
6-10
WHEN FINAL PLAT MAY BE APPROVED, RECORDATION, ACCEPTANCE OF DEDICATION
1. Before any final subdivision plat may be signed and released by the Director of Planning for
recording purposes, the subdivider shall either, (1) complete, subject to inspection and
approval by the Director of Planning, construction of all streets, curbs, gutters, sidewalks,
bicycle trails, drainage or sewage systems, waterlines as part of a public system or other
improvements and certify to the governing body, with such proof as may be required, that
the construction costs have been paid to the person constructing such facilities, or (2)
furnish to the governing body a certified check, cash escrow or performance bond in
accordance with Subsection 6-5B of this ordinance.
2. No final subdivision plat shall be approved until the Director of Planning determines that the
subdivider has complied with the requirements of this chapter and the requirements of State
law.
3. The approval of the final subdivision plat by the Director of Planning shall be made manifest
on the face thereof.
4. Recordation of the deed or deeds of dedication and the final plat signed and released by the
Director of Planning for recording purposes shall constitute acceptance by the governing
body of dedication for public use of any right-of-way within the subdivision so dedicated by
the subdivider.
1-22
SECTION 7 - EFFECTUAL CLAUSES
7-1
EXCEPTIONS
Where the subdivider can show that a provision of these standards would cause unnecessary
hardship if strictly adhered to, and where, because of topographical or other conditions
peculiar to the site, in the opinion of the Commission a departure may be made without
destroying the intent of such provision, the Commission may authorize an exception. Any
exception thus authorized is to be stated in writing with the reasoning on which the departure
was justified, set forth. No such variance may be granted by this ordinance which is opposed
in writing by the county highway engineer or health official.
7-2
PENALTIES
Any owner or proprietor of any tract of land who subdivides that tract of land and who violates
any of the provisions of this ordinance shall be guilty of a misdemeanor, punishable by a fine
of not less than ten dollars ($10.00) nor more than two hundred and fifty dollars ($250.00),
and each day after the first during which such violation shall continue shall constitute a
separate violation.
7-3
VALIDITY
Should any article, section, subsection or provision of this subdivision ordinance be declared
by a court of competent jurisdiction to be invalid or unconstitutional, such decision shall not
affect the validity or constitutionality of this subdivision ordinance as a whole or any part
thereof other than the part so declared to be invalid or unconstitutional.
7-4
REPEAL
All ordinances or portions of ordinances in conflict with this ordinance are hereby repealed to
the extent of their conflict.
1-23
APPENDIX A
CERTIFICATES REQUIRED
Owner’s Consent and Dedication
Know all men by these presents, that the subdivision of land as shown on this plat, containing
acres, more or less, designated as _______________________________ Subdivision, situated
in the ________________________ District, in Caroline County, Virginia, is with the free
consent and in accordance with the desires of the undersigned owners, proprietors, and
trustees; that all streets shown on said plat are hereby dedicated to the public use, and all lots
within the subdivision are subject to certain restrictions, reservations, stipulations and
covenants as contained in a writing executed by the undersigned under date of
_________________, 20___ and recorded in the Clerk’s Office of Caroline County, in Deed
Book _________, Page ________. The said _______ acres of land hereby subdivided having
been
conveyed
to
_________________________________________
by
___________________________________ by deed date ______________, 20 ___, and
recorded in the Clerk’s Office of the Circuit Court of Caroline County, Virginia, in Deed Book
______, Page ______.
(Seal)
(Seal)
(Seal)
(Seal)
1-24
APPENDIX A - continued
Surveyor’s Certificate*
I hereby certify that to the best of my knowledge and belief, all of the requirements of Caroline
County and the Commonwealth of Virginia, regarding the platting of subdivisions, have been
complied with and the source of title of the owner(s) of the land subdivided and the place of
record
of
the
last
instrument
in
the
chain
of
title
is
as
follows:
_________________________________________________. I further certify that the plat of
which this certificate is a part is of land acquired from only one source of title or in the event this
plat is of land acquired from more than one source of title, the outlines of the several tracts are
indicated on this plat.
Given under my hand this ________ day of ___________________, 20____.
______________________________________________
State Certified Engineer (or Land Surveyor)
Certificate of Approval
This subdivision known as _______________________________________ Subdivision is
approved by the undersigned in accordance with existing subdivision regulations and may be
committed to record.
(Date)
(Signed)
Highway Engineer
(Date)
(Signed)
Health Officer
(Date)
(Signed)
Chairman, Caroline County Planning
Commission
*The foregoing plat is not approved until all signatures have been obtained.
1-25