Subdivision Ordinance Administration

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Subdivision

The division of any tract, lot or parcel of land into three or more parts, or any division of a tract, lot or parcel of land in which a new street is created, regardless of whether the individual parts are sold, leased or rented.

The term includes resubdivision and, when appropriate to the context, shall relate to the process of subdividing or the land subdivided, except that the following divisions of land shall not be considered subdivisions, provided the division does not create or extend either a public street or private street or...

...if such a street is created, the street is subject to the same deed and plat restrictions as set out in Section 5-3.1 or Section 8-7.8 unless it is intended for and constructed to standards for addition to the secondary system of state highways, further provided that an easement or right-of-way not over 20 feet in width shall not be considered a public or private street for purposes of defining these exemptions:

  • division ordered by a court of competent jurisdiction,
  • divisions made solely for agricultural or timber purposes,
  • division by deed of gift or will,
  • divisions whereby a parcel is separated in order to become a permanent part of an adjoining tract,
  • division of a lot or parcel for the purpose of sale or gift to a member of the immediate family of the property owner, provided the lot satisfies the minimum lot size requirements of this ordinance.

Only one such division shall be allowed per family member. For the purpose of this ordinance, immediate family member is defined as any person who is a natural or legally defined offspring, spouse, grandchild, grandparent, or parent of the owner.

All family divisions of less than five (5) acres shall have a minimum easement or right-of-way of not less than fifteen (15) feet or more than twenty (20) feet to provide ingress and egress to a dedicated recorded public street or thoroughfare. [State Code reference Section 15.1-466-A.12]
None of the above exemptions, (a) through (e), shall be used for the purpose of circumventing this subdivision ordinance. 
 
Platting Required

Any owner or developer of any tract of land situated within the County who subdivides the same shall cause a plat of such subdivision, with reference to known or permanent monuments, 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 agent in accordance with the regulations set forth in this ordinance.

No lot shall be sold, leased or rented in any such subdivision before the plat of the whole subdivision shall have been recorded.
 
Subdivision Road Requirements

All plans for streets and drainage facilities in subdivisions where public streets are required or intended shall be in accordance with the requirements of the Virginia Department of Transportation's secondary highway specifications and Subdivision Street Requirements.

Such plans shall be approved by the Department of Transportation before the subdivision plat can be recorded.

Plans for streets that are not intended for addition as part of the secondary system of state highways shall be submitted to the Virginia Department of Transportation for review and approval of connections to the highway systems under that agency's jurisdiction and for the issuance of appropriate VDOT permits. 
 
Private Streets

Private streets in subdivisions are allowed only in large lot subdivision (subdivision in which each lot is at least 3 acres in size).

For all subdivisions in which private streets are allowed, the subdivision plat and all approved deeds of subdivision, or similar instruments, must contain a statement advising that the streets in the subdivision do not meet state standards and will not be maintained by the Department of Transportation or the county until such time as such streets have been constructed to meet the prevailing Subdivision Street Requirements of the Virginia Department of Transportation using funds other than those administered by that agency.

Grantors of any subdivision lots to which such statement applies must include the statement on each original deed of conveyance thereof. 
 
Private Streets - Width

Except along sections where narrowness of right-of-way through adjoining property makes it impossible, the width of private streets shall comply with the Department of Transportation's Subdivision Street Requirements.

The agent shall consult the resident engineer to determine what width would have been required had the street been intended for dedication as a public street.
Amended: October 19, 1983.
 
Private Streets - Construction

All private subdivision streets shall conform with the standards for construction road stabilization, as specified in the Virginia Erosion and Sediment Control Handbook. 

Additional Information
Additional information on subdivisions is available from:
Accomack County - Planning and Community Development
23282 Courthouse Ave.
Accomac, Virginia 23301


planning@co.accomack.va.us 
8:30 AM to 5:00 PM
Monday through Friday 
(757) 787-5726