1. Completed Land
Development Application. A minimum of 3 sets of plats/surveys shall
be required along with a required digital CAD file (.dwg) to be included
with the paper submission requirements. The file shall be in VA State
Plan NAD83 Feet (South) coordinate system and shall include parcel boundaries
or lot lines, bearings and distances for each line segment and easement
data. Paper plats shall include at least one definitive coordinate pair,
preferably on a property corner. This allows the GIS Coordinator to
more easily make parcel updates within the county’s GIS system.
2. Delineate on plat Resource Protection Area (RPA), Resource Management
Area (RMA), and buildable area boundaries. (§§ 60, 191(A)(4)-(5)).
3. Notes required on plats:
• The 100’ wide RPA buffer must be retained on this parcel
undisturbed and vegetated unless proper buffer modification has been
granted. (§§ 130(3)-(5)).
• Subject to acceptable water quality impact assessment and other
stipulated criteria, permissible land development in the RPA may include
only:
° water-development facilities,
° redevelopment of existing structures,
° road or driveway crossing satisfying specific criteria, or
° a flood control or stormwater management facility meeting certain
criteria. (§ 130(1), (6)).
• For new construction, a 100% drainfield reserve area at least
equal to the primary sewage disposal site is required on this parcel.
(§ 120 (7)(b)).
• The septic tank on this parcel must be pumped out at least once
every 5 years, or every 5 years submit certified documentation that
the tank does not need to be pumped. (§ 120(7)(a), (2)).
4. Every plat, or deed of dedication to which the plat is attached,
shall contain in addition to the professional engineer's or land surveyor's
certificate a statement, as follows:
"The platting or dedication of the following described land (here
insert the correct legal description of the land subdivided) is with
the free consent and in accordance with the desire of the undersigned
owners, proprietors and trustees, if any." (Subdivision Ordinance,
Article 4, Section 4-10)
5.
Owners Consent & Dedication Statement with notary block required
6 . Signature block for Zoning Administrator’s Approval with the
following note: "This subdivision is approved by the undersigned
in accordance with existing subdivision regulations and may be committed
to record.” Include a signature line titled “Subdivision
Agent” and date line.
7 . Sewage disposal system to be survey located with perimeters shown
along with soil boring locations. Primary & Reserve drainfield area
should be boxed off and labeled as such (Per the requirement of the
Virginia Department of Health). Topography is required by the Health
Department for each drainfield area, as well as the primary and reserve
clearly marked. Three copies of soil work, per lot, must be submitted
with the plat submittal to the Zoning Office. This soil work will then
be submitted by the Zoning Office with a copy of the plat to the Health
Department for approval. (Subdivision Ordinance Article 4, Section 4-7
(A, #3 & #4)
AOSE
Statement: "This subdivision is approved for individual onsite
sewage systems in accordance with the provisions of the Code of Virginia,
the Sewage Handling and Disposal Regulations (12VAC5-610-20-et. seq.,
the Regulations), and Part II, Chapter 4, Article 4 of the King &
Queen County Subdivision Ordinance. This subdivision was submitted to
the King & Queen County Health Department for review pursuant to
§32.1-163.5 of the Code of Virginia which requires the Virginia
Department of Health to accept private soil evaluations and designs
from a licensed Onsite Soil Evaluator (OSE) or a Professional Engineer
working in consultation with an OSE for residential development. The
Virginia Department of Health is not required to perform a field check
on such evaluations. This subdivision was certified as being in compliance
with the Board of Health’s regulations by: [OSE/PE name, license
#, phone #] This subdivision approval is issued in reliance upon that
certification. Pursuant to §360 of the Regulations this approval
is not an assurance that Sewage Disposal System Construction Permits
will be issued for any lot in the subdivision unless that lot is specifically
identified as having an approved site for an onsite sewage disposal
system, and unless all conditions and circumstances are present at the
time of application for a permit as are present at the time of this
approval. This subdivision may contain lots that do not have approved
sites for onsite sewage systems."
8 . Two or three acre minimum lot size with 200’ or 300’
of road frontage is required per new lot (this includes road and/or
a recorded 20’ ingress and egress easement/right-of-way into,
or part of each lot). The width of the property along the frontage and
building setback line shall have a minimum width of 200’ or 300’.
(Article 5, Section 3-101)
9 . Subdivisions with not more than two (2) lots may be established
with access directly from the existing road. (Zoning Ordinance, Article
5, Section 3-101)
10 . Building setback lines must be shown/drawn on the face of the plat
for all newly created parcels, including the residual (if shown/required).
The building setback requirements may be found in the Zoning Ordinance,
Article 5, Section 3-102.
11. Not more than
twenty five percent (25%) of the minimum lot area required by the Zoning
Ordinance shall be unusable by reason of wetlands or protected natural
resource areas, Chesapeake Bay Resource Protection Area zoning, easements
or other encumbrances; provided, however, that in all cases a lot shall
provide space for the principal building and accessory structures, together
with its required yards, and any areas required for on-site water supply
and sewage disposal by the Health Officer or any applicable regulations
of the County or Commonwealth. (Article 6, Section 4-24(H)).
12. The following statement shall appear on the plat of each lot, and
in all approved deeds of subdivision or similar instruments where an
easement or right of way is shown:
"The street(s) in this subdivision 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. The
street(s) serving this subdivision are private and their maintenance,
including snow removal, is not a public responsibility and will not
be maintained by VDOT or King & Queen County. The street(s) shall
not be eligible for acceptance into the state system of highways for
maintenance until such time as they are constructed and otherwise comply
with all requirements of VDOT for the addition of subdivision streets
current at the time of such request. Any cost required to cause the
street(s) to become eligible for addition to the state system shall
be provided from funds other than those administered by VDOT."
(Subdivision Ordinance Article 4, Section 4-11)
1.
Completed Land Development Application
along with a completed & notarized Family
Subdivision Affidavit. A minimum of 3 sets of plats/surveys shall
be required along with a required digital CAD file (.dwg) to be included
with the paper submission requirements. The file shall be in VA State
Plan NAD83 Feet (South) coordinate system and shall include parcel boundaries
or lot lines, bearings and distances for each line segment and easement
data. Paper plats shall include at least one definitive coordinate pair,
preferably on a property corner. This allows the GIS Coordinator to
more easily make parcel updates within the county’s GIS system.
2. Delineate on plat Resource Protection Area (RPA), Resource Management
Area (RMA), and buildable area boundaries. (§§ 60, 191(A)(4)-(5)).
3. Notes required on plats:
• The 100’ wide RPA buffer must be retained on this parcel
undisturbed and vegetated unless proper buffer modification has been
granted. (§§ 130(3)-(5)).
• Subject to acceptable water quality impact assessment and other
stipulated criteria, permissible land development in the RPA may include
only:
° water-development facilities,
° redevelopment of existing structures,
° road or driveway crossing satisfying specific criteria, or
° a flood control or stormwater management facility meeting certain
criteria. (§ 130(1), (6)).
• For new construction, a 100% drainfield reserve area at least
equal to the primary sewage disposal site is required on this parcel.
(§ 120 (7)(b)).
• The septic tank on this parcel must be pumped out at least once
every 5 years, or every 5 years submit certified documentation that
the tank does not need to be pumped. (§ 120(7)(a), (2)).
4. Owners Consent & Dedication Statement with notary block required
5. Signature block for Zoning Administrator’s Approval with the
following note: "This subdivision is approved by the undersigned
in accordance with existing subdivision regulations and may be committed
to record.” Include a signature line titled “Subdivision
Agent” and date line.
6. Sewage disposal system to be survey located with perimeters shown
along with soil boring locations. Primary & Reserve drainfield area
should be boxed off and labeled as such (Per the requirement of the
Virginia Department of Health). Topography is required by the Health
Department for each drainfield area, as well as the primary and reserve
clearly marked. Three copies of soil work, per lot, must be submitted
with the plat submittal to the Zoning Office. This soil work will then
be submitted by the Zoning Office with a copy of the plat to the Health
Department for approval. (Subdivision Ordinance Article 4, Section 4-7
(A, #3 & #4)
AOSE
Statement: "This subdivision is approved for individual onsite
sewage systems in accordance with the provisions of the Code of Virginia,
the Sewage Handling and Disposal Regulations (12VAC5-610-20-et. seq.,
the Regulations), and Part II, Chapter 4, Article 4 of the King &
Queen County Subdivision Ordinance. This subdivision was submitted to
the King & Queen County Health Department for review pursuant to
§32.1-163.5 of the Code of Virginia which requires the Virginia
Department of Health to accept private soil evaluations and designs
from a licensed Onsite Soil Evaluator (OSE) or a Professional Engineer
working in consultation with an OSE for residential development. The
Virginia Department of Health is not required to perform a field check
on such evaluations. This subdivision was certified as being in compliance
with the Board of Health’s regulations by: [OSE/PE name, license
#, phone #] This subdivision approval is issued in reliance upon that
certification. Pursuant to §360 of the Regulations this approval
is not an assurance that Sewage Disposal System Construction Permits
will be issued for any lot in the subdivision unless that lot is specifically
identified as having an approved site for an onsite sewage disposal
system, and unless all conditions and circumstances are present at the
time of application for a permit as are present at the time of this
approval. This subdivision may contain lots that do not have approved
sites for onsite sewage systems."
7. Two or three acre minimum lot size with 200’ or 300’
of road frontage is required per new lot (this includes road and/or
a recorded 20’ ingress and egress easement/right-of-way into,
or part of each lot). The width of the property along the frontage and
building setback line shall have a minimum width of 200’ or 300’.
(Article 5, Section 3-101)
8. Subdivisions with not more than two (2) lots may be established with
access directly from the existing road. (Zoning Ordinance, Article 5,
Section 3-101)
9. Building setback lines must be shown/drawn on the face of the plat
for all newly created parcels, including the residual (if shown/required).
The building setback requirements may be found in the Zoning Ordinance,
Article 5, Section 3-102.
10. Not more than twenty five percent (25%) of the minimum lot area
required by the Zoning Ordinance shall be unusable by reason of wetlands
or protected natural resource areas, Chesapeake Bay Resource Protection
Area zoning, easements or other encumbrances; provided, however, that
in all cases a lot shall provide space for the principal building and
accessory structures, together with its required yards, and any areas
required for on-site water supply and sewage disposal by the Health
Officer or any applicable regulations of the County or Commonwealth.
(Article 6, Section 4-24(H)).
11. Current owner(s)
information stated on the plat with present deed reference along with
a statement as to whom each parcel is to be gifted or sold to and the
relationship to the current owners(s).
12. The following statement shall appear on the plat of each lot, and
in all approved deeds of subdivision or similar instruments where an
easement or right of way is shown:
"The street(s) in this subdivision 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. The
street(s) serving this subdivision are private and their maintenance,
including snow removal, is not a public responsibility and will not
be maintained by VDOT or King & Queen County. The street(s) shall
not be eligible for acceptance into the state system of highways for
maintenance until such time as they are constructed and otherwise comply
with all requirements of VDOT for the addition of subdivision streets
current at the time of such request. Any cost required to cause the
street(s) to become eligible for addition to the state system shall
be provided from funds other than those administered by VDOT."
(Subdivision Ordinance Article 4, Section 4-11)
Chapter 4, Land Subdivision & Development Ordinance
Article 4, Section 4-7C
Requirements for
Family Subdivisions
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 current property owner. For the
purposes of this section, a member of the immediate family is defined
as any person who is a natural or legally defined offspring, stepchild,
spouse, parent, sibling, grandchild or grandparent of the owner and
as prescribed in the Code of Virginia § 15.2-2244. Such subdivision
shall be subject to the following provisions:
(1) Only one such
sale or gift shall be allowed per immediate family member and each lot
created shall be for residential use. The gift or sale shall not, in
the opinion of the Zoning Administrator, be for the purpose of circumventing
the provisions of this chapter.
(2) The provisions
of this section shall apply only to those properties located within
the agricultural zoning district. No family subdivision will be allowed
within any minor or major subdivision within King & Queen County.
(3) Area requirements:
a. The minimum lot size of any lot created or remaining under this section
shall meet the requirements as described in Chapter 3 Zoning, Article
5, Site Development Regulations.
b. No more than seven total lots/parcels including the residual lot/parcel
may be created from the original parcel under the terms of this section.
c. The grantor may divide lots from the original parcel in accordance
with the Article 5, Site Development Regulations of the Zoning Ordinance
and if all other requirements of this section are met.
(4) The grantor
shall execute a family subdivision affidavit provided by the
Zoning Administrator as a part of the application submission. The affidavit
shall stipulate that the proposed family subdivision is not for the
purpose of circumventing the requirements of this ordinance and set
forth the name and relationship of all eligible grantees. A true copy
of said family subdivision affidavit shall be recorded with the plat
creating the subdivision.
(5) Where the
division creates only two lots or parcels, each lot or parcel
shall front a public road or shall front upon a private driveway or
road which is in a permanent deeded easement of right-of-way not less
than 20 feet in width. Such right-of-way shall include a driveway within
it consisting of, at a minimum, an all weather surface of rock, stone
or gravel, with a minimum depth of three inches and a minimum width
of 12 feet. The right-of-way shall be maintained by the property owners
in a condition passable by emergency vehicles at all times. A notation
to this effect shall be placed on the face of the final plat and this
provision shall also be included in the deeds by which the subdivision
is affected. Passable condition refers not only to the surface, but
also to horizontal and vertical clearance.
(6) In the event
the division creates three or more lots or parcels, a new permanent
deeded 50-foot right-of-way serving those lots shall be provided. The
new right-of way and/or entrance shall meet all Virginia Department
of Transportation (VDOT) requirements. Building permits will not be
issued on lots until the roadway is constructed and meets county and
VDOT approval.
(7) Prior to final approval of the subdivision:
a. the health department must approve on each lot of the proposed subdivision
the location of:
1. A water well;
2. A primary septic drain field; and
3. A 100-percent reserve septic drain field
b. If there are any extensions of or connections to public roads, the
Virginia Department of Transportation must approve the proposed subdivision.
(8) No parcel
created by family subdivision shall be further subdivided under another
family division.
(9) The property
to be divided under this section must have been held by the grantor
(current owner) for a period of two years prior to the division.
(10) The grantee
of any such sale or gift must hold the property sold or given by the
grantor under the provisions of this section for a period of ten years
before leasing, reselling or gifting it to another person unless the
lot is subject to involuntary transfer through death, foreclosure, judicial
sale, condemnation or similar circumstance or an exception is granted
by the Zoning Administrator.
(11) The plat
shall include the following owner's certificate:
OWNER'S CERTIFICATE
THIS FAMILY SUBDIVISION AND PLAT ARE WITH THE FREE CONSENT AND IN ACCORDANCE
WITH THE WISHES OF THE UNDERSIGNED OWNER(S). THE UNDERSIGNED OWNER(S)
CERTIFIES THAT THIS SUBDIVISION IS A BONA FIDE DIVISION UNDER THE PROVISIONS
OF SECTION 4-7(c) OF THE KING AND QUEEN COUNTY SUBDIVISION ORDINANCE
AND IS NOT SUBMITTED FOR THE PURPOSE OF CIRCUMVENTING THE SUBDIVISION
ORDINANCE OF KING AND QUEEN COUNTY.
ALL LOTS CREATED
BY THIS SUBDIVISION MUST BE HELD BY THE GRANTEE HEREUNDER FOR A PERIOD
OF TEN (10) YEARS FROM DATE OF PLAT RECORDATION.
(12) All lots subdivided
under this section shall meet the following application and platting
requirements listed herein above before being approved by the Zoning
Administrator:
(a) Land Development Application
(b) Name of subdivision
(c) Date, scale and north arrow
(d) Boundaries, dimensions, bearings and area of the new lot(s) including
building setback lines
(e) Public street to which the lot has access
(f) Zoning district
(g) Surveyor’s Certificate and Seal
(h) Owner’s Consent statement
(i) Health Department approval for each lot created
(J) Primary and reserve drainfield for each lot created
(k) Chesapeake Bay Preservation Area Designation and Management Regulations
(l) Indicate on the face of the plat to whom each parcel is to be conveyed
to and their relationship to the current owner(s)