ARTICLE II. PROCEDURE

Sec. 20.5-27. Classification of subdivisions.

Subdivisions shall be classified as follows:

(a) Public service lots, rights-of-way. When a lot is created for the sole purpose of developing a sewage or water facility or any other public facility, or for the sole purpose of widening or enlarging a road right-of-way, to be owned and operated or maintained by the Commonwealth of Virginia, county, other governmental or municipal entity, service authority, or sanitary district and title to such property passes at the same time as the plat is recorded, such lot shall be exempt from the requirements of this chapter except that the record plat shall adhere to the standards established in section 20.5-31(a) of this chapter.   In the event that acquisition of a road right-of-way for a street, road or highway by the county or an agency or department of the Commonwealth of Virginia or the United States bisects an existing parcel, the result shall be deemed to constitute a lawful subdivision of the parcel only if both of the resulting parcels meet the minimum lot area and dimensional requirements specified for the zoning district in which located. In the event this is not the case, the parcel shall be deemed to remain a single parcel, despite the fact that it is bisected by a public right-of-way.

(b) Minor subdivision. A minor subdivision shall be a division of property into lots which does not create a new street or an extension of an existing street, including family subdivisions as defined in this chapter. However, if any division other than a family subdivision results in a lot or lots which, in the determination of the agent and based on the zoning classification of the property could be further subdivided, and such further subdivision would require the creation of a new street or the extension of an existing street, the division shall be defined and reviewed as a major subdivision. Family subdivisions shall be reviewed in accordance with the standards contained in section 20.5-34 of this chapter. A preliminary plan shall not be required for minor subdivisions.

(c) Multiplex/townhouse/condominium subdivision. A multiplex/townhouse/condominium subdivision shall be a division of property into lots for multiplex, townhouse or condominium development in accordance with a site plan approved pursuant to the requirements contained in the zoning ordinance. Neither a preliminary plan nor a development plan shall be required for multiplex/townhouse/condominium subdivisions; however, a site plan must have been approved and still be valid in accordance with the zoning ordinance prior to submission of a final plat for approval.

(d) Planned development subdivision. A planned development subdivision shall be a division of property in accordance with an overall development master plan approved by the board. A preliminary plan shall not be required for planned development subdivisions unless specifically required of a particular development in the ordinance or resolution approving the overall development master plan. Any requirements specifically imposed on a planned development by its approving ordinance shall be fully binding upon the subdivision. In the case of an affordable housing incentive program project (AHIP), the approving ordinance may authorize provisions less restrictive than those set out in this chapter, if deemed appropriate by the board to achieve the objective of the AHIP.

(e) Boundary line adjustment. A boundary line adjustment shall be a resubdivision of a part of an otherwise valid and properly recorded plat of subdivision, or of two (2) or more adjacent lots, where no additional lots are created and existing or platted streets, rights-of-way, public easements, and public improvements are unaffected by such action. Further, no private easements or private rights-of-way shall be relocated or altered without the recordation of appropriate documents effecting such relocation or alteration. Typically, a boundary line adjustment is a minor realignment of a single line between two (2) platted lots.

Neither a preliminary plan nor a development plan shall be required of boundary line adjustments provided, however, that nothing in this provision shall be interpreted to authorize the creation of a lot or lots which would otherwise be prohibited. Further, boundary line adjustments involving one (1) or more legally non-conforming lots shall not be permitted where the result of such adjustment would increase the degree of nonconformity or cause the lot to be buildable only with approval of an exception to the Chesapeake Bay Preservation Area requirements or other variance. Where the agent determines that the proposal goes beyond the intended minor realignment, he shall notify the subdivider, in writing, of such finding and, in so doing may require the submission of more detailed plans for review.

(f) Major subdivision. A major subdivision shall be any division of property which creates a new street, or extends any existing street, or any division of property which is not covered under any of the above provisions.

(Ord. No. 05-33, 12/20/05)

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