§ 5. Platting.

5-1
General Requirements.

Approval Required. Except as provided in subsection 3-2 A., any developer/subdivider desiring to subdivide a tract of land situated within Nelson County shall cause a preliminary plat of the proposed subdivision to be made and shall submit the same for approval pursuant to the terms of this ordinance. The preliminary plat must be submitted to the agent's office at least forty-five (45) days prior to the public hearing. After approval of the preliminary plat the subdivider/developer shall cause a final plat of the proposed subdivision to be made in accordance with the requirements of this Ordinance and shall submit the same for review forty-five (45) days prior to the public hearing.

(Ord. No. O2013-02, § 1, 3-12-13)

5-2
Changes on Preliminary Plats or Final Plats. No change or erasure or revision shall be made on any preliminary or final plat, nor on any accompanying data sheets unless authorization for such change has been granted in writing by the agent.

5-3
Preliminary Sketch. Before the preparation of any preliminary plat, the developer/subdivider may, if he so chooses, submit to the agent a preliminary sketch. The purpose of the preliminary sketch is to permit the agent to advise the developer/subdivider in general whether his plans are in accordance with the requirements of this ordinance, and to assure that the applicant is made aware of applicable requirements of existing ordinances and applicable amendments which are pending.

5-4
Preliminary Plat.

A.

General Requirements. Four (4) copies of the preliminary plat prepared by a person qualified to do such work, including but not limited to land planners, urban planners, professional engineers and surveyors, or persons having training or experience in subdivision planning or design shall be filed with the agent. The preliminary plat shall be drawn to a scale of one hundred (100) feet to the inch. Where conditions warrant, an alternate scale may be approved by the agent.

B.

Contents of Preliminary Plat. The preliminary plat shall show the following:

(1)

A topographic map with a contour interval of not greater than twenty (20) feet (or as approved by the agent) showing all the area covered by the proposed subdivision property related to Coast and Geodetic Survey data with the boundary lines of the tract to be subdivided and the 100-year flood plain limits delineated where applicable.

(2)

The approximate total acreage of the proposed subdivision, proposed location of lots, lot numbers in numerical order, approximate dimensions and area of each lot, and block identification.

(3)

The approximate location, width, and names of all existing or proposed streets within or adjacent to the proposed subdivision; the approximate loca

tions of all railroads, watercourses, and existing buildings shown on Coast and Geodetic Survey maps or other topographic data and located within the boundaries of the proposed subdivision.

(4)

The approximate location of all parcels of land intended to be dedicated, or reserved for public use, or to be reserved in the deed for the common use of property owners in the subdivision.

(5)

The title under which the subdivision is proposed to be recorded, the names and addresses of the record owner and developer/subdivider, the name of the individual who prepared the plat, the date of drawing, number of sheets, the North point, and the scale.

(6)

A vicinity sketch map of the area within a two-mile radius of the proposed subdivision showing the relationship of the proposed subdivision to the adjoining property; and showing all adjoining roads, their names and numbers, and other landmarks.

(7)

Proposed provisions for all utilities including, but not limited to, electric, telephone, water, sewage, and stormwater management facilities.

(Ord. No. 2015-05, 5-12-15)

5-5
Final Plat.

A.

When to File Final Plat. A developer/subdivider shall file, within six (6) months after approval of the preliminary plat, in the office of the agent, a final subdivision plat prepared in accordance with this ordinance. Failure to do so shall render approval of the preliminary plat null and void. On written request by the developer/subdivider, the agent, in his discretion, may grant an extension of this filing requirement, not to exceed six (6) months.

B.

General Requirements. The subdivision plat submitted for final approval shall be clearly and legibly drawn on scale true material at a scale of one hundred (100) feet to the inch. Where conditions warrant, an alternate scale may be approved by the agent.

The plat shall be prepared by a certified professional engineer or a Virginia licensed land surveyor and shall meet all platting requirements set forth by the Virginia Board governing land surveyors. The plat preparer shall affix upon the plat a certificate signed by him, stating the source of the title of the owner of the land subdivided, and the place of record of the last instrument in the chain of title. When the plat is of land acquired from more than one source of title, the outlines of the several tracts shall be indicated upon said plat, and all the title sources stated.

Three (3) copies and the original plat shall be submitted to the agent.

C.

Contents of Final Plat. The final plat shall include the following:

(1)

The signature and seal of the certified professional engineer or Virginia licensed land surveyor.

(2)

A statement that: "The subdivision of the land described herein is with the free consent and in accordance with the desire of the undersigned owners, proprietors, and trustees." This statement shall be signed by such persons and duly acknowledged before an officer authorized to take acknowledgements of deeds.

(3)

The boundary lines of the area being subdivided which have been determined by a current and accurate field survey, with bearings shown in degrees, minutes, and seconds to the nearest ten (10) seconds; and with dimensions shown in feet to the nearest hundredth of a foot, total area in each proposed use shown in acres to the nearest hundredth of an acre; and with the 100-year flood plain delineated.

(4)

Identification on the plat of any part of the proposed subdivision land which lies in a drainage district.

(5)

Identification on the plat of any visible grave, object or structure which marks a place of burial located on the proposed subdivision land.

(6)

Location of minimum building setback lines specified in this ordinance and the zoning ordinance.

(7)

Location and description of all permanent monuments and/or reference monuments pursuant to the requirements set forth in Section 4-6(K). Monuments found or installed prior to plat recordation may be referred to if permanent and undisturbed.

(8)

A definite bearing and distance tie shown between two (2) or more permanent monuments on the exterior boundaries of the subdivision, and further tie to existing street intersections or to a point/s approved by the agent.

(9)

The accurate location and dimensions by bearings and distances (with all curve data) of all lots and street lines and center lines of streets; boundaries of all proposed or existing easements, parks and school sites; all streets with their names, numbers and widths; existing utilities, watercourses and their names; names of owners and their property lines, with deed book reference and tax parcel number, both within the boundaries of the subdivision and adjoining said boundaries.

(10)

Location of proposed dry hydrants and their water sources, fire ponds, or other water sources appropriate for fire control along with delineation of vehicular access easement to such water sources.

(11)

Signature spaces for "Approved" by the Agent.

(12)

Certificates. The following certificates, in addition to that required in Section 5-5(c)(2), shall appear on the final plat, where appropriate:

a.

Certifications by subdivider. In the event that streets in a subdivision will not be constructed to meet the standards for inclusion in the secondary system of state highways:

"The streets in this subdivision do not meet state standards and will not be maintained by VDOT or the County of Nelson."

DATE       SUBDIVIDER  

In subdivisions in which individual wells are to be utilized:

"Approval of this subdivision plat by the County of Nelson does not certify or guarantee the purchaser of the presence of adequate subterranean water to support the purposes of this subdivision."

DATE       SUBDIVIDER  

b.

Certification by the Virginia Department of Transportation:

"The streets in this subdivision 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."

DATE       SUBDIVIDER  

c. Certification by the Nelson County Health Department:

"This subdivision is approved for individual onsite sewage systems in accordance with the provisions of the Code of Virginia, and the Sewage Handling and Disposal Regulations (12 VAC 5-610-10 et seq., the "Regulations"), and local ordinances if the locality has authorized the local health department to accept private evaluations for compliance with local ordinances.

"This subdivision was submitted to the Health Department for review pursuant to Section 32.1-163.5 of the Code of Virginia which requires the Health Department to accept private soil evaluations and designs from an Authorized Onsite Soil Evaluator (AOSE) or a Professional Engineer working in consultation with an AOSE for residential development. The Department is not required to perform a field check of such evaluations. This subdivision was certified as being in compliance with the Board of Health's regulations by: (_______). This subdivision approval is issued in reliance upon that certification.

"Pursuant to Section 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.

"This subdivision approval is issued in reliance upon the certification that approved lots are suitable for "traditional systems"; however, actual system designs may be different at the time construction permits are issued."

If the approved onsite sewage system and well sites are not shown on the final plat of record, then a statement must be printed on the plat:

"The approved onsite sewage system and well sites are not shown on this plat. Those sites are shown on a separate plat on file in the Nelson County Health Department."

"Approved by the Nelson County Health Department".

DATE       HEALTH OFFICIAL  

D.

Addenda with Final Plat.

(1)

A profile showing the proposed grades for the streets and drainage facilities, including elevations of existing and proposed ground surfaces at all street intersections and at points of major grade change along the center line of streets, together with the proposed gradelines connecting therewith.

(2)

Cross-section drawings showing the proposed street construction of all streets which are required by this ordinance to be built to standards of the Virginia Department of Transportation or to standards specified in this ordinance for private streets.

(3)

Certification from the Virginia Department of Transportation that specifications for streets which may be taken into its secondary road system and specifications for entrances onto such streets and onto public streets meet the standards of the Virginia Department of Transportation.

(4)

An erosion and sedimentation control plan if required by the Nelson County Code.

(5)

A soil report if required under subsection 4-4 D.

(6)

Specifications for any gas, water, sewer, electric light or power works, pipes, wires, fixtures, or systems to be constructed in, on or under any streets or alleys in a subdivision.

(7)

A report filed by the agent listing all authorized exceptions to the enforcement of the provisions of this ordinance, with detailed reason/s for each exception.

(8)

All necessary easements to the boundary of the Subdivision for utilities.

(9)

An approved stormwater management plan and/or documentation of permit coverage under the Virginia Stormwater Management Program, as applicable under the Code of Virginia.

E.

Recording of Final Plat. Approval of the final plat shall be void unless the approved plat is presented or recordation in the clerk's office for the Circuit Court of Nelson County within six (6) months after approval. No subdivision plat shall be recorded by the clerk of the Circuit Court for Nelson County until it has been submitted to and been approved by the Agent or the Planning Commission.

(Res. of 11-8-94; Ord. No. O2007-004, 5-21-07; Ord. No. O2013-02, § 1, 3-12-13; Ord. No. 2015-05, 5-12-15)

(Res. of 11-8-94; Ord. No. O2007-004, 5-21-07; Ord. No. O2013-02, § 1, 3-12-13; Ord. No. 2015-05, 5-12-15)