ORANGE COUNTY, VIRGINIA

CODE OF ORDINANCES

 
112 W. Main Street
Orange, Virginia 22960

Article IV - Plats & Plans

DIVISION 1. - GENERALLY


Sec. 54-24. - Plat required and when deed required.

No person shall subdivide land without making and recording a plat of such subdivision and fully complying with the provisions of this chapter. When a deed is required, it shall be subject to this division.

(1) No such plat shall be recorded unless it has been approved by the subdivision agent.

(2) No person shall sell or convey any lot or part of a lot or subdivision unless the plat of the subdivision has been approved and recorded.

(3) All approved plats shall be recorded in the office of the clerk of the circuit court within six months of approval by the county, and the evidence of recordation required by section 54-26 shall be provided to the subdivision agent.

(Ord. of 3-9-2010)


Sec. 54-25. - Compliance with other laws, rules, regulations and conditions.

No plan or plat of subdivision shall be approved unless all lots and other features shown thereon are in conformity with the following laws, rules, and regulations:

1. All applicable provisions of the Code of Virginia.

2. Chapter 70 (Zoning) of the Orange County Code of Ordinances.

3. The special requirements of these regulations and any rules of the health department and appropriate agencies.

4. The rules of VDOT if the subdivision or any lot contained therein abuts a public street.

5. Conditions proffered and accepted as part of the zoning of any land which are included in the proposed subdivision.

(Ord. of 3-9-2010)

 

Sec. 54-26. - Recordation.

1. No plat of subdivision shall be recorded unless and until the plat has been submitted to, approved, and certified by the subdivision agent in accordance with the regulations set forth in this chapter and the Code of Virginia. No lot in any subdivision shall be sold or conveyed before the plat has been recorded.

2. Unless a final subdivision plat is recorded in the land records of the office of the clerk of the circuit court within six months after final approval, such approval shall be withdrawn and the plat marked void and returned to the approving official. However, in any case where construction of facilities to be dedicated for public use has commenced pursuant to an approved plan or permit with surety approved by the board of supervisors or its subdivision agent, or where the developer has furnished surety to the board of supervisors or its subdivision agent by certified check, cash escrow, bond, or letter of credit in the amount of the estimated cost of construction of such facilities, the time for plat recordation shall be extended to one year after final approval or to the time limit specified in the surety agreement approved by the board of supervisors or its subdivision agent, whichever is greater.

3. After the recordation of a final subdivision plat, the developer shall return to the subdivision agent a copy of the original plat as it was recorded, along with recordation information. Additional copies of the approved, signed plat, and a copy shall be distributed by the developer to agencies which may require such evidence of recordation.

(Ord. of 3-9-2010)


Sec. 54-27. - Divisions of land in the agricultural zoning district.*

The division of land in the agricultural zoning district is allowed as follows:

(1) No more than one lot may be subdivided from any parent parcel within any four-year period.

(2) Phased division.

a. Any lot divided from the parent tract pursuant to this section may be further divided one time every four years as counted from the date of county approval of the initial division. However, the tract divided from the parent tract shall not be further divided into tracts smaller than 50 acres. The following note shall be shown on the plat and in the corresponding deed:

"The division of property as shown hereon is subject to the provisions of section 54-27 of the Orange County Code of Ordinances. The parent tract, tax map #____________ consisting of "(A)" acres is being subdivided to create a new tract of "(B)" acres as shown hereon. A subsequent division of this newly created tract shall not be smaller than 50 acres and shall not occur until four years have elapsed from the date of the county's approval of this plat as signed hereon." ((A) is the total acreage of the parent parcel prior to subdivision and (B) is the acreage of the parcel being subdivided off.)

b. The residue may continue to be subdivided at a rate of one lot every four years. The following note shall be shown on the plat and in the corresponding deed:

"Further division of the ;yrrule;(C);yrrule; acre residue as shown hereon shall not occur until four years have elapsed from the date of approval by the county."

c. Where a tract of land was simultaneously divided into four lots during the four years prior to the effective date of this chapter, further division of those four lots shall not occur until four years from the date of approval on the plat, or until one year has elapsed from the effective date of this chapter, whichever is later.

* (Editor’s Note: paragraphs 1 and 2 were declared to be void by the Orange County Circuit Court by an order entered on 10/24/2012 in case #:CL08-000293)

(3) Simultaneous division. Parcels of land in the Agricultural zoning district may be simultaneously divided into an unlimited number of tracts 50 acres or larger in size. Divisions of land in accordance with this provision are not subject to the limit on divisions as stated in subsection (1) above. However, further division of tracts created under this provision is prohibited. For such divisions, the following note shall be shown on the plat and in the corresponding deed:

"The simultaneous division of land into tracts 50 acres or larger in size as shown hereon is not subject to the limit on divisions as stated in section 54-27(1) of the Orange County Code of Ordinances. However, further division of these newly created tracts as shown hereon is prohibited pursuant to section 54-27(3) of the Orange County Code of Ordinances."

(4) The following divisions of land are exempt from this section: family subdivisions, court-ordered subdivisions, part-and-parcel subdivisions, and the division of property for the purposes of boundary line adjustment.

(Ord. of 3-9-2010)


Sec. 54-28. - Family subdivision.

A single division of a lot or parcel is permitted for the purpose of sale or gift to a member of the immediate family of the property owner, with only one such division allowed per family member, subject only to the express requirements contained in Code of Virginia, § 15.2-2244, and the following provisions:

1. The grantor has held the property being subdivided for five or more years.

2. The grantee is an immediate family member of the owner or owner(s).

3. No previous transfer under this provision has been granted to the grantee.

4. The grantee is able to hold real estate under the laws of Virginia.

5. The purpose of the transfer is not for the purpose of circumvention of the subdivision ordinance.

6. The grantor and grantee shall sign an affidavit, duly acknowledged before an officer of the Court authorized to validate such acknowledgements and deeds, that certifies compliance with the express requirements of Code of Virginia, § 15.2-2244 and subsections 1. through 5. above.

7. 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.

8. In the event that the board of supervisors determines circumvention has occurred, the family subdivision approval shall be considered void.

9. The corners of all lots created shall be marked with general property monuments.

10. Any lot must have reasonable right-of-way not less than 20 feet wide.

11. REPEALED (Ordinance 02-25-2014)

12. Covenants outlining the responsibility of construction and maintenance of any private right-of-way created to serve a family subdivision shall be submitted to the county attorney for review with a plat of said subdivision and subsequently recorded with said subdivision upon approval.

13. REPEALED (Ordinance 02-25-2014)

14. Lots created under this section shall be titled in the name of the immediate family member for whom the subdivision is made for a period of no less than five years unless such lots are subject to an involuntary transfer due to foreclosure, death, judicial sale, divorce, condemnation or bankruptcy. Such restrictions shall be noted in the deed of transfer of the property.

15. The approved family subdivision plat shall be recorded in the land records of the office of the clerk of the circuit court within six months of approval by the county pursuant to section 54-26

16. Lots created under this section must meet the minimum lot size requirements (exclusive of any road right-of-way or easement) in accordance with the zoning of the property.

17. Family subdivisions are exempt from the provisions of section 54-27

(Ord. of 3-9-2010)


DIVISION 2. - PROCEDURAL REQUIREMENTS BY SURVEY TYPE

 

Sec. 54-29. - Boundary survey.

Any boundary survey to be recorded as part of a subdivision must be reviewed and approved by the subdivision agent prior to recordation. For any boundary survey, the landowner shall submit a plat, including a note certifying that the lot as shown is a true representation of an existing tract of land as recorded in the land records of the clerk of the circuit court, to the subdivision agent, who shall certify and approve the plat as that of an existing lot of record within ten days of acceptance. Any parcels that exist by deed but which are not shown as individual tracts of land on the boundary survey will be vacated upon recordation of the boundary survey plat. On a boundary survey plat, the following note must be displayed:

"Upon recordation of this boundary survey, I hereby vacate all interior lot lines that currently exist or may have existed in the past within this parcel but are not shown as individual tracts on this plat."

The boundary survey plat shall be recorded by the county in the office of the clerk of the circuit court together with the vacation lot line agreement as provided by the county and signed by the landowner.

(Ord. of 3-9-2010)


Sec. 54-30. - Boundary line adjustment survey.

A boundary line adjustment survey must be recorded in the land records of the office of the clerk of the circuit court. Prior to recordation, a boundary line adjustment survey must be reviewed and approved by the subdivision agent. For any boundary line adjustment survey, the landowner shall submit seven copies of a plat, signed by all landowners who share the boundary line being adjusted, including a note certifying that the information as shown on the plat is for the sole purpose of illustrating the straightening or realignment of property lines pursuant to section 54-5, to the subdivision agent who shall certify and approve the plat as a boundary line adjustment survey within 15 working days of acceptance. Boundary line adjustment surveys may require approval by VDOT and VDH as determined by the subdivision agent. Divisions of property for the purposes of a boundary line adjustment are exempt from the provisions of section 54-27.

(Ord. of 3-9-2010)


Sec. 54-31. - Easement survey.

An easement survey must be reviewed and approved by the subdivision agent prior to recordation. An easement survey may require the approval of VDOT if improvements shown on it may substantially affect transportation on state-controlled highways as determined in the first instance by the VDOT Resident Engineer. For any easement survey, the landowner shall submit seven copies of a plat, including a note certifying that the information as shown on the plat is for the sole purpose of illustrating the creation or relocation of utility, drainage or road easements, to the subdivision agent who shall certify and approve the plat as an easement survey within ten working days of acceptance. The plat shall be accompanied by deeds of easement as appropriate. For any easement plat requiring the approval of VDOT because the plat substantially affects transportation on state-controlled highways as defined by VDOT regulations, the subdivision agent shall forward copies of the plat to VDOT for its review in accordance with Code of Virginia, § 15.2-2222.1. VDOT shall provide comment within the time frame set forth for review in section 54-66(c) or the subdivision agent may assume that VDOT has no comments.

(Ord. of 3-9-2010)

 

Sec. 54-32. - Right-of-way dedication survey.

A right-of-way dedication survey must be reviewed and approved by the subdivision agent prior to recordation. For any right-of-way dedication survey, the landowner shall submit seven copies of a plat, including a note certifying that the information as shown on the plat is for the sole purpose of dedicating a portion of lot or lots for a future right-of-way as shown, to the subdivision agent who shall certify and approve the plat as a right-of-way dedication survey within ten working days of acceptance. All landowners having access via the right-of-way being dedicated shall signify their agreement to such dedication by signing the face of the plat.

(Ord. of 3-9-2010)


Sec. 54-33. - Vacation of property lines survey.

A vacation of property lines survey must be recorded in the land records of the office of the clerk of the circuit court. Prior to recordation, a vacation of property lines survey must be reviewed and approved by the subdivision agent. For any survey on which is shown the vacation of property lines, the landowner shall submit seven copies of a plat, signed by the landowner and surveyor, including a note certifying that the information as shown on the plat is for the sole purpose of vacating a lot line or lines between contiguous parcels as shown, to the subdivision agent who shall certify and approve the plat as a vacation of property lines within ten working days of acceptance.

(Ord. of 3-9-2010)


Sec. 54-34. - Reserved.

 

DIVISION 3. - PROCEDURAL REQUIREMENTS BY SUBDIVISION TYPE


Sec. 54-35. - Agricultural subdivisions.

Applicants for agricultural subdivision review shall submit to the subdivision agent seven copies of a plat conforming to the requirements set forth in division 5, Final Plat, of this chapter. Staff approval of agricultural subdivisions shall be given within 30 working days of submission by the owner or designated agent unless the plat is: (a) incomplete; (b) review by other agencies, e.g. VDOT, is not completed; or (c) it does not meet the requirements of this chapter.

(Ord. of 3-9-2010)


Sec. 54-36. - Court-ordered subdivisions.

Applicants for court-ordered subdivision review shall submit to the subdivision agent seven copies of a plat conforming to the requirements set forth in division 5, Final Plats, of this chapter along with a copy of the court order requiring the division of property. The subdivision agent shall approve court-ordered subdivisions within 30 days of submission by the owner or designated agent unless the plat is: (a) incomplete; (b) review by other agencies, e.g. VDOT and VDH, is not completed, or (c) the subdivision does not meet the requirements of this chapter. Court-ordered subdivisions are exempt from the provisions of section 54-27.

(Ord. of 3-9-2010)


Sec. 54-37. - Family subdivisions.

Seven copies of a family subdivision plat shall be submitted to the agent for review and shall conform to the requirements of division 5, Final Plats, of this chapter. Deeds of conveyance for each division (specifying the relationship of the grantee to the grantor) and the requisite road maintenance agreement pursuant to section 54-28 12. must be provided to the subdivision agent at the time of plat submission. Staff approval of family subdivisions shall be given within 30 working days of submission by the owner or designated agent unless the plat is: (a) incomplete; (b) review by other agencies, e.g. VDOT and VDH, is not completed or (c) the subdivision does not meet the requirements of this ordinance. Family subdivisions are exempt from the provisions of section 54-27.

(Ord. of 3-9-2010)


Sec. 54-38. - Minor subdivisions.

Minor subdivisions require the submission, review and approval of a final plat pursuant to the requirements of division 5, Final Plats, of this chapter.

(Ord. of 3-9-2010)


Sec. 54-39. - Major subdivisions.

Major subdivisions require the submission, review, and approval of preliminary plans and a final plat pursuant to the requirements of division 4, Preliminary Plans, and division 5, Final Plats, of this chapter.

(Ord. of 3-9-2010)


Sec. 54-40. - Resubdivisions.

The resubdivision of property requires the submission, review and approval of preliminary plans and a final plat pursuant to the requirements of division 4, Preliminary Plans, and division 5, Final Plats, of this chapter. In addition, the resubdivision of property shall be subject to review by the planning commission.

(Ord. of 3-9-2010)


Sec. 54-41. - Noresidential subdivisions.

Applicants for nonresidential subdivision review shall submit to the subdivision agent five copies of a plat conforming to the requirements set forth in division 5, Final Plats, of this chapter. Staff approval of nonresidential subdivisions shall be given within 30 working days of submission by the owner or designated agent unless the plat is: (a) incomplete; (b) review by other agencies, e.g. VDOT and VDH, is not completed; or (c) the subdivision does not meet the requirements of this chapter.

(Ord. of 3-9-2010)


Sec. 54-42. - Part-and-parcel subdivisions.

Part-and-parcel subdivisions require the submission of a final plat pursuant to the requirements of division 5, Final Plats, of this chapter. Land divided pursuant to this section and made a bona fide portion of an adjoining tract through the vacation of a common boundary line shall not count as a division of property pursuant to section 54-27. Staff approval of part-and-parcel subdivisions shall be given within 30 working days of submission by the owner or designated agent unless the plat is: (a) incomplete; (b) review by other agencies, e.g. VDOT and VDH, is not completed; or (c) the subdivision does not meet the requirements of this chapter.

(Ord. of 3-9-2010)


Secs. 54-43--54-60. - Reserved.


DIVISION 4. - PRELIMINARY PLATS

 

Sec. 54-61. - Preliminary plat required.

A preliminary plat is required for major subdivisions. The submission of a preliminary plat shall not be required for boundary adjustments, easement plats, agricultural subdivisions, family subdivisions, minor subdivisions, nonresidential subdivisions, or part-and-parcel subdivisions.

(Ord. of 3-9-2010)


Sec. 54-62. - Form.

Plats shall consist of black or blue lines on white paper. Each page shall be no more than 24 inches wide or 18 inches high. If the plat is drawn on more than one sheet, match lines shall clearly indicate where the several sheets join.

(Ord. of 3-9-2010)


Sec. 54-63. - Plat information.

The plat shall clearly show:

(1) Name of proposed subdivision;

(2) Name, address and telephone number of owners and subdivider and names of holders of any easements affecting the property;

(3) Name, address, telephone number and seal of surveyor or engineer;

(4) Graphic scale, title, date (including dates of revisions) and north arrow (on all pages);

(5) Vicinity map showing the location of the parcel to be subdivided and its relationship to the surrounding roads;

(6) Boundaries of the parcel(s) to be subdivided with all bearings and distances indicated;

(7) Tax parcel number, zoning classification, source of title, and location of the last instrument in the chain of title for all lots to be subdivided; and

(8) A signature line for the subdivision agent and other approving authorities.

(Ord. of 3-9-2010)


Sec. 54-64. - Existing conditions.

The plat shall clearly show:

(1) Soil analysis listing representative soil types on site, weights per cubic foot of the soils and whether or not they have shrink-swell potential. Soils should be shown as per the current soil survey of the county;

(2) Topographic contours at vertical intervals of two feet; provided that, if the average slope of the site exceeds 15 percent, or the area of the site exceeds 50 acres, the interval may be five feet;

(3) In case of resubdivision, the proposed lot layout shall be superimposed upon the existing subdivision;

(4) Names of the owners of record of all adjoining property;

(5) Location of all existing buildings, wells and drainfields on or within 50 feet of the subject parcel;

(6) Location and identification of all streams, rivers, ponds, lakes, wetlands, drainage channels, floodplains, mapped dam break inundation zone, slopes exceeding 15 percent, tree lines and other vegetation such as large trees, rare plants and rare plant associations, and similar features;

(7) Location, identification and width of all easements and rights-of-way for streets (existing or platted), railroads, utility facilities or similar uses, on or adjacent to the subject parcel;

(8) Location and identification of any town or county boundary; and

(9) Location and identification of any known grave, object or structure marking a place of burial located on or within 50 feet of any road frontage of the tract or parcel of land to be subdivided.

(10) Entrances. Existing and proposed entrance locations and their distances to the nearest road intersection must be shown on the plat.

(11) Debris/waste sites. All subdivision plats shall locate and designate debris/waste burial sites created during the subdivision's initial development. The sites shall be shown on the plat prior to approval.

(Ord. of 3-9-2010)


Sec. 54-65. - Proposed improvements.

The plat shall clearly show:

(1) Total number of proposed lots, with average area indicated;

(2) Layout of all proposed lots; including lot numbers in consecutive numerical order; the accurate location and dimensions of all lot lines; the area of each lot; all required setback lines and boundaries of non-buildable areas; and boundaries and section numbers for subdivisions which are to be developed in phases.

(3) Proposed grading, showing areas of substantial clearing, cutting or filling;

(4) Proposed streets with name, number of lots to be served by each street, location, dimensions, and type of surface; a listing of proposed street names, five suggested names per new subdivision street, must be submitted to the county E-911 coordinator for review and approval prior to submittal of the preliminary plat to the subdivision agent. The approved names shall be shown on the preliminary plat once they have been approved by the E-911 coordinator. Names of new streets shall not duplicate names of existing streets, irrespective of suffixes. Any street that is a continuation of an existing street shall bear the name of the existing street.

(5) Preliminary plans of water supply, treatment, distribution and fire protection system, if applicable, meeting the specifications of the VDH and the agency to be responsible for its maintenance. These plans shall be accompanied by a statement signed by an engineer giving estimates, in gallons per day, of the projected water and sewer needs of the entire development;

(6) Preliminary plans of sanitary sewer collection and treatment system, if applicable, meeting the specifications of VDH and the agency to be responsible for its maintenance;

(7) Preliminary plans of stormwater management system, meeting the specifications of the county and VDOT and including descriptions and general locations of stormwater management structures and facilities;

(8) Designation of all land to be reserved or dedicated for public use, showing location, size, shape, proposed ownership and responsibility for maintenance as provided in proposed covenants and restrictions;

(9) Proposed uses other than single-family detached dwellings; and

(10) When the subdivision consists of land acquired from more than one source of title, the outlines of the various tracts indicated by dashed lines, and identification of the respective tracts shall be shown and identified on the index map.

(Ord. of 3-9-2010)


Sec. 54-66. - Preliminary plat review and approval.

a. Presubmission conference. Prior to the preparation and submission of a preliminary plat, a subdivider shall confer with the subdivision agent or designee to review the regulations contained in county ordinances, policies, and plans.

b. Submission. For any major subdivision, the subdivider shall submit to the subdivision agent ten copies of a preliminary plat that conforms to the provisions of division 4, Preliminary Plats, of this chapter.

c. Review for completeness. Within ten working days of preliminary plat submission to the subdivision agent, the agent shall review the preliminary plat for completeness and shall either notify the subdivider that it has been accepted or return it and notify the subdivider that it is incomplete, specifying instructions for its completion.

d. Agency review. The subdivision agent shall, within ten days of acceptance, arrange for copies to be forwarded to VDH, VDOT, and any other agency whose comments are necessary for the consideration of the plat. Such agencies shall review the plat and respond to the subdivision agent within 45 days, as required by §§ 15.2-2222.1 and 15.2-2258 through 15.2-2260, VA Code Ann. However, if the subdivision plat substantially affects transportation on state-controlled highways as defined by VDOT regulations, pursuant to § 15.2-2222.1, VA Code Ann., such plat shall include a supplemental traffic analysis pursuant to those regulations, and within 30 days of receipt of such plat, VDOT shall either (1) provide written comment on the plat, or (2) schedule a meeting, to be held within 60 days of VDOT's receipt of the plat, with the subdivision agent or planning commission to discuss potential modifications to the plat or to address any concerns or deficiencies. For plats submitted pursuant to § 15.2-2222.1, VA Code Ann., VDOT shall complete its final review within 90 days after it receives the plat from the county or the county may assume that VDOT has no comments. The submission of the subdivision plat to VDOT shall toll all times for review by the subdivision agent or planning commission until the county has received VDOT's final comments. In addition, the subdivision agent shall, within ten working days of acceptance review the potential impacts of dam break inundation zones and follow the procedures outlined in § 10.1-606.3.A., VA Code Ann. for submission to DCR when necessary.

e. Administrative review. The subdivision agent shall review the preliminary plat within 35 days of approval of all appropriate agencies, pursuant to Code of Virginia, § 15.2-2260(B).

f. Consultation with towns. Whenever a plat is submitted for a major subdivision of land within two miles of the corporate limits of the Town of Gordonsville or the Town of Orange, the subdivision agent shall within ten days submit a copy of the plat to the applicable town, requesting comments and recommendation within 45 days of submission to the town.

g. Planning commission review. The planning commission shall review the preliminary plat within 45 days of completion of town, agency and administrative review.

h. Notification of approval or disapproval. Within 90 days of the subdivision agent's determination that the plat submission is complete, the subdivision agent shall notify the subdivider in writing whether the plat has been approved or disapproved. If the plat is disapproved, reasons for disapproval shall be provided in writing and the subdivision agent shall state what corrections or modifications will permit approval by the agent. If the subdivision agent or planning commission fails to approve or disapprove the plat within 90 days after it has been officially submitted for approval, or within 45 days after it has ten days' written notice to the agent, may petition the circuit court for the locality in which the land involved, or the major part thereof, is located, to decide whether the plat should or should not be approved.

i. Phasing. If the subdivider desires to complete the improvements shown on the preliminary plat over a period of more than one year, he may submit a preliminary plat showing the entire development at completion, and delineating two or more phases to be improved in succession, together with a schedule for completion of each phase. After such plat has been approved, a separate final plat for each phase consistent with the approved schedule, may be submitted. Upon approval of the final plat for each phase, improvements for that phase may be constructed.

j. Authority to construct improvements. The subdivider may install the roads and other improvements proposed on the plat only after approval of a final plat and posting of appropriate surety pursuant to Code of Virginia, § 15.2-2241(5).

k. Expiration. Preliminary plat approval shall be effective for five years provided the subdivider (i) submits a final plat for all or a portion of the property within one year of such approval, and (ii) thereafter diligently pursues approval of the final subdivision plat. "Diligent pursuit of approval" means that the subdivider has incurred extensive obligations or substantial expenses relating to the submitted final subdivision plat or modifications thereto. However, no sooner than three years following such preliminary subdivision plat approval, and upon 90 days' written notice by certified mail to the subdivider, the planning commission or subdivision agent may revoke such approval upon a specific finding of facts that the subdivider has not diligently pursued approval of the final subdivision plat.

(Ord. of 3-9-2010; Ord. of 6-28-2011(7))


Secs. 54-67--54-90. - Reserved.


DIVISION 5. - FINAL PLATS

 

Sec. 54-91. - General requirements.

The submission of a final plat shall be required for boundary line adjustment surveys, easement plats, agricultural subdivisions, family subdivisions, minor subdivisions, major subdivisions, nonresidential subdivisions, part-and-parcel subdivisions, and resubdivisions. The subdivider shall submit to the subdivision agent at least seven copies of the final plat, all with original signatures, that meet the standards for plats under the Virginia Public Records Act, and conform to the provisions of this division.

Agricultural subdivisions shall not be required to comply with the plat requirements of section 54-93(9), (10), (12) and (13).

(Ord. of 3-9-2010)


Sec. 54-92. - Form.

Plats shall consist of black or blue lines on white paper. Each page shall be no more than 24 inches wide or 18 inches high. Plats shall be drawn to a scale of one inch equals 50, 100 or 200 feet, whichever is most convenient for the subject parcel or as agreed to by the subdivision agent. If the plat is drawn on more than one sheet, match lines shall clearly indicate where the several sheets join. All straight lines shall be described with distance to the nearest hundredth of a foot and bearing to the nearest second. All curves shall be described with central angle to the nearest second, radius to the nearest hundredth of a foot, and arc length to the nearest hundredth of a foot.

(Ord. of 3-9-2010)


Sec. 54-93. - Plat information.

The plat shall clearly show:

(1) Name of proposed subdivision;

(2) Name, address and telephone number of the owners and subdivider and names of holders of any easements affecting the property;

(3) Name, address, telephone number, and seal of surveyor or engineer;

(4) Graphic scale, title, date (including revision dates), and north arrow (on each page);

(5) Vicinity map showing the location of the parcel to be subdivided and its relationship to the surrounding roads;

(6) Boundaries of the parcel(s) to be subdivided with all bearings and distances indicated;

(7) Tax parcel number, zoning classification, source of title, and location of the last instrument in the chain of title for all lots to be subdivided;

(8) Lot numbers in consecutive numerical order; the accurate location and dimensions of all lot lines; area of each lot; and the name or number of the section, if part of a larger subdivision;

(9) The accurate location and dimensions of all existing and proposed streets, both within and adjoining the subdivision. Streets shall be named and shall not duplicate existing or platted street names, unless the new street is a continuation of existing or platted streets, in which case it shall bear the name of the existing or platted street;

(10) All rights-of-way, easements or areas to be dedicated, reserved or used for any purpose other than single-family detached dwellings. Recreational and open space areas shall be clearly labeled on the plat.

(11) Temporary cul-de-sacs where needed. When one or more temporary turnarounds are shown, the following statement shall be included on the plat:

"The area on this plat designated as temporary turnaround shall be constructed and used until (street name) is/are extended, at which time the excess land in the temporary turnaround easement shall be abandoned for street purposes and shall revert to adjoining lot owners in accordance with specific provisions in their respective deeds."

(12) Debris/waste sites. All subdivision plats shall locate and designate debris/waste burial sites created during the subdivision's initial development. The sites shall be shown on the plat prior to approval.

(13) Water and sewer. A statement by the subdivider shall be on the plat to indicate the type and source of water and sewer or septic system, or a statement that no water, sewer or septic is available and that the lot is not a buildable lot.

(14) Floodplain location. The approximate location of the 100-year floodplain (Zone C) as shown on the FEMA Flood Insurance Rate Maps shall be shown on all plats. Where no 100-year floodplain exists, a statement to that effect shall be noted on the face of the plat.

(15) Dam Break Inundation Zone. The approximate location of any mapped dam break inundation zone shall be shown on all plats.

(16) Entrances. Existing and proposed entrance locations and their distances to the nearest road intersection must be shown on the plat.

(17) Improvements. The plat shall be accompanied by final construction plans and specifications of all streets, water, sewer and stormwater management systems, drawn to the specifications and standards of the agency to be responsible for their maintenance.

(Ord. of 3-9-2010)


Sec. 54-94. - Certificates.

The following certificates shall appear on the final plat, and shall be executed as appropriate:

(1) "I certify that, to the best of my knowledge and belief, all requirements of the board of supervisors and ordinances of the county, regarding the preparation of plats of property within the county, have been complied with." (To be signed, dated and sealed by surveyor or engineer.)

(2) "The platting and subdivision of (here insert a correct legal description of land subdivided, including magisterial district, source of title, and location of last instrument in the chain of title), containing (insert acreage) and designated (insert name of subdivision), is with the free consent and in accordance with the desire of the undersigned owners, proprietors and trustees, if any; that all streets shown on the plat are irrevocably offered for dedication to public use; and that all lots are subject to certain covenants and restrictions dated (insert date) and recorded at (deed book and page) in the office of the clerk of the circuit court of the county." (To be signed and dated by all owners.)

(3) "The subdivision shown on this plat has been reviewed and approved by the undersigned in accordance with existing regulations, and may be committed to record." (To be signed and dated by representatives of VDOT, VDH, and the agent of the board of supervisors.)

(4) For plats showing the creation of a new ingress/egress easement or right-of-way, the plats shall clearly state the following:

"Prior to the construction of the ingress/egress easement as shown hereon, a VDOT land use (entrance) permit shall be issued; in addition, an erosion and sediment control plan must be approved and a land disturbance permit issued by Orange County for any land disturbance exceeding 10,000 square feet." (as applicable)

(5) For agricultural divisions, the plat shall clearly state the following:

"This is an agricultural subdivision pursuant to section 54-5 of the Orange County Code of Ordinances. The _____(A)_____ acre lot being created as shown hereon is for agricultural purposes only and is not approved as a building lot."

(6) For divisions of land in the Agricultural zoning district, the plat shall clearly state the following:

"The division of property as shown hereon is subject to the provisions of section 54-27 of the Orange County Code of Ordinances. The parent tract, tax map #____________ consisting of "(A)" acres is being subdivided to create a new tract of "(B)"; acres as shown hereon. A subsequent division of this newly created tract shall not be smaller than 50 acres and shall not occur until four years have elapsed from the date of the county's approval of this plat as signed hereon. Further division of the "(C)" acre residue as shown hereon shall not occur until four years have elapsed from the date of approval by the county." ((A) is the total acreage of the parent tract prior to subdivision, (B) is the acreage of the parcel being subdivided off, and (C) is the acreage of the residue.)

(7) For the division of land into 50-acre tracts or larger in the Agricultural zoning district, the plat shall clearly state the following:

"The simultaneous division of land into tracts 50 acres or larger in size as shown hereon is not subject to the limit on divisions as stated in section 54-27(1) of the Orange County Code of Ordinances. However, further division of these tracts as shown hereon is prohibited pursuant to section 54-27(5) of the Orange County Code of Ordinances."

(8) For court-ordered subdivisions, the plat shall clearly state the following:

"The division of property as shown hereon is a court-ordered subdivision pursuant to sections 54-5 and 54-36 of the Orange County Code of Ordinances. This subdivision is exempt from the provisions of section 54-27."

(9) For subdivisions showing the creation of a private street the plat shall clearly state the following:

"The streets in this subdivision serve ____________ lots and do not meet the standards necessary for inclusion in the system of state highways and will not be maintained by the Department of Transportation or the county and are not eligible for rural addition funds or any other funds appropriated by the General Assembly and allocated by the Commonwealth Transportation Board." Such streets shall be constructed and maintained in accordance with the standards set forth in Sec. 54-167

(10) For subdivisions showing the creation of a public street that will be included in the system of state highways for maintenance by VDOT, the plat shall clearly state the following:

"The streets in this subdivision serve lots and shall be constructed to meet the Virginia Department of Transportation Subdivision Street Requirements and, upon meeting the necessary state requirements and making the appropriate petition to the Orange County Board of Supervisors, may be included in the system of state highways for maintenance by VDOT, upon VDOT approval."

(11) For subdivisions showing the creation of a street that will be constructed in accordance with the Virginia Department of Transportation Subdivision Street Requirements but will be privately maintained, the plat shall clearly state the following:

"The streets in the subdivision serve lots and shall be constructed to meet the Virginia Department of Transportation Subdivision Street Requirements, but are not intended for inclusion in the system of state highways and will not be maintained by the Department of Transportation or the county and are not eligible for rural addition funds or any other funds appropriated by the General Assembly and allocated by the Commonwealth Transportation Board."

(12) For family subdivisions, the plat shall clearly state the following:

"This is a family subdivision as defined in section 54-5 and pursuant to all requirements of section 54-28. Each lot created on this plat as a family subdivision shall be titled in the name of the immediate family member for whom the subdivision is made for a period of no less than five years from the date of final plat approval. This subdivision is exempt from the provisions of section 54-27."

(13) For part-and-parcel subdivisions, the plat shall clearly state the following:

"This is a part-and-parcel subdivision pursuant to sections 54-5 and 54-42 of the Orange County Code of Ordinances. This subdivision is exempt from the provisions of section 54-27.

(Ord. of 3-9-2010; Ord. 02-25-2014)


Sec. 54-95. - Final plat review and approval.

a. Submission. For agricultural subdivisions, family subdivisions, minor subdivisions, nonresidential subdivisions, and part-and-parcel subdivisions, the subdivider shall submit seven copies of a final plat to the subdivision agent. For all major subdivisions and resubdivisions, the subdivider shall submit seven copies of a final plat to the subdivision agent upon bonding or substantial completion of the improvements as approved in the preliminary plan. All plat copies must be signed by all owners of record of the property and the surveyor.

b. Bonding. At the time of final plat submission for any subdivision requiring street, utility, drainage or other improvements, the subdivider shall either demonstrate that the improvements shown on the preliminary plat and approved construction plans have been completed to the satisfaction of the agency to be responsible for their ownership, operation and maintenance, and that agency has accepted the improvements into its system, or shall provide a bond with surety in an amount and form acceptable to the county, to ensure that the improvements are completed at the expense of the subdivider. This bond shall not be released as set forth in Code of Virginia, § 15.2-2245, until: the subdivider provides written documentation to the county that the improvements have been constructed to the satisfaction of the agency to be responsible for the ownership, operation and maintenance of the improvements, and that agency has accepted the improvements into its system; or the subdivider shall provide a maintenance bond with surety in an amount and form acceptable to the county, which shall remain in effect and not be released until the agency to be responsible for the ownership, operation and maintenance of the improvements has accepted the improvements into its system.

c. Review for completeness. Within ten working days of final plat submission to the subdivision agent, the agent shall review the final plat for completeness and shall either notify the subdivider that it has been accepted or return it and notify the subdivider that it is incomplete, specifying instructions for its completion.

d. Agency review. Within ten working days of determination of plat completeness as set forth in subsection c. above, the subdivision agent shall transmit the final plat to all applicable agencies (e.g., VDOT, VDH, etc.) for review and approval in accordance with Code of Virginia, §§ 15.2-2222.1 and 15.2-2258-15.2-2260. Agency approval shall be evidenced by the signature of the appropriate official on the plat.

e. Administrative review. Unless otherwise stated in this division, the subdivision agent shall review the final plat within 60 days of acceptance for completeness for conformity to the preliminary plat and this division.

f. Notification of approval or disapproval. If the final plat meets the criteria stated in division 5, Final Plats, of this chapter, and approval of all appropriate agencies has been received, it shall be approved and returned to the landowner for recordation. If it does not meet the criteria, the subdivision agent shall set forth in writing the reasons for denial and shall state what corrections or modifications will permit approval by the agent. If the subdivision agent or planning commission fails to approve or disapprove the plat within 60 days after it has been officially submitted for approval, or within 45 days after it has been officially resubmitted after a previous disapproval, the subdivider, after ten days' written notice to the agent, may petition the circuit court for the locality in which the land involved, or the major part thereof, is located, to decide whether the plat should or should not be approved.

(Ord. of 3-9-2010)


Sec. 54-96. - Digital plat required.

The plat preparer shall submit a digital file of the final plat in the approved format, and at a time determined, by the subdivision agent. The plat preparer may, in lieu of submitting such file, pay a fee established by the board of supervisors sufficient to reimburse the board for such formatting as is done by staff.

(Ord. of 3-9-2010)


Secs. 54-97--54-115. - Reserved.


DIVISION 6. - VACATION OF PLATS


Sec. 54-116. - Vacation of plats with no lots sold.

Where no lots have been sold, any plat, or part thereof, recorded under the provisions of this chapter may be vacated by either of two methods.

1. With the consent of the subdivision agent, by the owners, proprietors, and trustees, if any, who signed the certificate of owners' consent to subdivision, as provided in section 54-94(2) declaring same to be vacated by a written instrument, duly executed, acknowledged, and recorded in the office of the clerk of the circuit court wherein the plat to be vacated is recorded. The execution and recording of such instrument shall operate to destroy the force and effect of the recording of the plat so vacated and to divest all public rights in, and reinvest such owners, proprietors, and trustees, if any, with the title to the streets, alleys, easements for public passage, and other public areas described in such plat, except for those conveyed to VDOT.

2. By ordinance of the board of supervisors provided that no facilities for which bonding is required pursuant to Code of Virginia, §§ 15.2-2241 through 15.2-2245 have been constructed on the property or any related section thereto, within five years of the date of original recordation. An appeal from the adoption of the ordinance may be filed within 30 days with the circuit court. Upon such appeal the circuit court may nullify the ordinance if it finds that the owner of any lot shown on the plat will be irreparably damaged. If no appeal from the adoption of the ordinance is upheld on appeal, a certified copy of the ordinance of vacation shall be recorded in the office of the clerk of the circuit court wherein the plat to be vacated is recorded. The execution and recordation of the ordinance of vacation shall operate to destroy the force and effect of the recording of the plat so vacated and to divest all public rights in, and reinvest such owners, proprietors, and trustees, if any, with the title to the streets, alleys, easements for public passage, and other public areas described in such plat.

(Ord. of 3-9-2010)


Sec. 54-117. - Vacation of plats with lots sold.

In cases where any lot has been sold, a plat or part thereof may be vacated according to either of the following methods.

1. By written instrument agreeing to such vacation signed by all owners of lots shown on said plat and by the subdivision agent on behalf of, and with the approval of, the board of supervisors. The word "owners" shall not include lien creditors except those whose debts are secured by a recorded deed of trust or mortgage, and shall not include any consort of the owner. The instrument of vacation shall be acknowledged in the manner of a deed and recorded in the office of the clerk of the circuit court wherein the plat to be vacated is recorded.

2. By ordinance of the board of supervisors on motion of one of its members or an application of any interested person, after notice and public hearing in accordance with requirements of Code of Virginia, § 15.2-2204. An appeal from the adoption of the ordinance may be filed within 30 days with the circuit court. Upon such appeal the circuit court may nullify the ordinance if it finds that the owner of any lot shown on the plat will be irreparably damaged. If no appeal from the adoption of the ordinance is upheld on appeal, a certified copy of the ordinance of vacation shall be recorded in the office of the clerk of the circuit court wherein the plat to be vacated is recorded.

(Ord. of 3-9-2010)


Sec. 54-118. - Effects of vacation.

The recordation of the instrument provided in section 54-116.1., or 54-117.1., or of the ordinance as provided in section 54-117.2., shall operate to destroy the force and effect of the recording of the plat or part thereof so vacated, and to vest fee simple title to the centerline of any streets, alleys, or easements for public passage so vacated in the owners of abutting lots free and clear of any rights of the public or any owners of lots shown on the plat, but subject to the rights of the owners of any public utility installation which have been previously constructed therein. If any such street, alley, or easement for public passage is located on the periphery of the plat, such title for the entire width thereof shall vest in such abutting lot owners. The fee simple title to any portion of the plat so vacated as was set apart for other public use shall be re-vested in the owners, proprietors, and trustees, if any, who signed the certificate of owners' consent to subdivision as provided in section 54-94(2), free and clear of any rights of public use in the same.

(Ord. of 3-9-2010)


Secs. 54-119--54-131. - Reserved.