Appendix 610. Minor divisions.

611 Five-year divisions. The creation of not more than three (3) lots, including the remnant, on an existing street within a five-year period.

611.1 Such divisions shall not adversely affect the development of the remainder of the parcel or adjoining property.

611.2 Each lot created and the remnant shall conform to the provisions of the Culpeper County Zoning Ordinance, unless otherwise specifically provided in this Article.

612 Ten-acre divisions. In zoning districts zoned A-1 (Agricultural) or RA (Rural Residential) only, five-year divisions in which each lot, including the remnant, contains at least ten (10) acres of land.

612.1 Each and every lot, including any remaining land or remnant lot, created by such a division shall have perpetual ingress and egress to a dedicated, recorded, state maintained public street, either by being located on such street or by a recorded, platted, irrevocable easement of at least fifty (50) feet in width ("private street"), linking such lot to such a public street.

612.2 No private street as provided in section 612.1 may be approved unless the instrument creating the easement provides for a perpetual maintenance agreement, as a covenant running with the land, binding on all property owners having rights in the easement. At a minimum, road maintenance agreements must include provisions describing the methodology for calculating the cost share for each parcel and a mechanism for collecting road maintenance fees. The instrument creating the easement shall also provide for easements for the benefit of all parcels adjoining the easement for present or future facilities providing cable television, gas, telephone, electric, water, sewer or other service to the parcels. Such instrument shall be in a form acceptable to and approved by the County Attorney.

612.3 Every final plat prepared pursuant to this provision shall depict the exact placement and dimensions of the easement as part of the property survey and shall designate the easement as a "private street, not to be maintained by VDOT or Culpeper County".

613 Family divisions. In zoning districts zoned A-1 (Agricultural), RA (Rural Area), RR (Rural Residential), R-1 (Residential), or R-2 (Residential) only, the single division of a lot or parcel for the purpose of sale or gift to any non-minor member of the immediate family of the property owner. For the purposes of this provision, "immediate family" shall be defined as any person who is a natural or legally defined child, sibling, parent, grandparent, grandchild, spouse, or step-child, step-parent, or step-sibling of the property owner. Family divisions may be transferred jointly to a member of the immediate family and their spouse. The provisions of this section shall not apply to transfers of undivided interests by one (1) or more co-tenants or joint tenants of any parcel to one (1) or more of the other co-tenants or joint tenants. Family divisions of property held in trust for a family member are permitted subject to the provisions of Section 15.2-2244.2 of the Code of Virginia. Family divisions shall not be limited to five-year divisions.

613.1 Only one (1) such division shall be allowed per family member as grantee and this shall be certified as such by the owner at the time of application to the Office of Planning and Zoning.

613.2 Family division lot size shall conform to the minimum lot size requirements of the zoning district in which they are located in accordance with the provisions of the Culpeper County Zoning Ordinance or be a minimum of one (1) acre, whichever is less.

613.3 Before any parcel of land can become eligible for subdivision through the family division process, it must have been continuously owned by the same owner(s) for a period of at least five (5) years.

613.4 The sale or gift by the property owner shall not be for the purpose of circumventing the requirements of this Ordinance.

613.5 Family division remnant lot.

613.5.1 The remnant lot created by subdivision under this section shall meet the minimum lot size required for the zoning district in which it is located.

613.5.2 If the remnant lot created by subdivision under this section does not meet the minimum width or road frontage requirement for the zoning district in which it is located, the remnant lot shall then be considered a family division and shall be subject to the restrictions imposed by section 613.6.5.

613.5.3 If the remnant lot created by subdivision under this section meets all of the minimum requirements of the zoning district in which it is located, then there shall be no restrictions placed on the lot.

613.6 All divisions pursuant to this section shall conform to the following requirements:

613.6.1 The deed of conveyance shall conform to the requirements of section 613.8 below.

613.6.2 Each and every lot created by such a division, including any remaining land or remnant lot, shall have perpetual ingress and egress to a dedicated, recorded public street, either by being located on such street or by a recorded, platted, irrevocable easement of at least twenty (20) feet in width ("private street"), linking such lot to such a public street.

613.6.2.1 The provisions of sections 612.2 and 612.3 above shall apply to private streets permitted by this section 613.6.2.

613.6.2.2 Notwithstanding section 613.6.2.1, where a "private farm lane" has already been established and recorded pursuant to the predecessor provisions of section 736 (Ordinances of Mar. 3, 1987 & Mar. 5, 1991), such a "private farm lane" may be utilized to obtain the required access to a public street, provided that all affected parties consent thereto, and provision is made for the maintenance of the "private farm lane," and for easement as required by section 612.2.

613.6.3 Prior to the approval of any family division, the owner creating the family division and the proposed transferee shall execute an affidavit as provided for in section 613.7 below.

613.6.4 If the family division is approved, the plat of subdivision shall contain a notice in a form to be approved by the County Attorney, which notice shall state, at a minimum, that the plat and the division are pursuant to the requirements of this section 613, that further transfer of the lots or parcels shown on the plat is limited in accordance with the provisions of section 613.6.5, and that building permits and/or certificates of occupancy may not be granted if the division is found by the zoning administrator to be in circumvention of the requirements of the Culpeper County Subdivision Ordinance.

613.6.5 Except as otherwise provided in section 613.9 below, no transferee under this provision shall further transfer or subdivide any lot created hereunder for a period of five (5) years from the date of the transfer.

613.7 The affidavit required in section 613.6 shall conform to the following requirements:

613.7.1 The affidavit shall be in a form approved by the County Attorney.

613.7.2 The affidavit shall include:

613.7.2.1 The names of the owner and the proposed transferee;

613.7.2.2 The relationship between the owner and the proposed transferee;

613.7.2.3 Information concerning any prior conveyances pursuant to this section 613 or any predecessor provision of the Culpeper County Subdivision Ordinance affecting either the owner or the proposed transferee; and

613.7.2.4 The purpose of the proposed division.

613.7.3 The affidavit shall contain a certification by the owner and the proposed transferee that the proposed division is not for the purpose of the circumvention of the requirements of this Subdivision Ordinance.

613.7.4 The affidavit shall contain a certification by the proposed transferee that the proposed transferee understands and agrees that the property is subject to the requirements of section 613.6.5.

613.8 The deed of conveyance for any family division shall conform to the following requirements:

613.8.1 The deed shall be in a form approved by the County Attorney.

613.8.2 The deed shall be executed by both the transferor and the transferee.

613.8.3 The deed shall contain a provision that the property is subject to the requirements of sections 613.6.5.

613.9 The foregoing provisions are subject to the following exceptions:

613.9.1 Notwithstanding the provisions of section 613.6.5, the Board of Supervisors may approve a conveyance within the five (5) year time period where the grantor demonstrates a bona fide financial or economic hardship or disaster which necessitates such conveyance.

613.9.2 Nothing herein shall be construed as preventing:

613.9.2.1 Any sale or conveyance resulting from a deed of trust foreclosure;

613.9.2.2 Any conveyance for the purpose of conveying legal title to any trustee in a bona fide deed of trust; or

613.9.2.3 Any transfer pursuant to any judicial decree of partition or divorce, including any property settlement incorporated into a divorce decree.

613.10 The determination whether or not a transfer is in circumvention of the requirements of the Subdivision Ordinance is to be made initially by the zoning administrator, and is to be based on any relevant factors. Any person affected by the decision may appeal such a determination pursuant to section 910.

614 Adjustment of lot lines. Minor boundary line adjustments between adjoining property owners where no new building lots are created.

614.1 No such adjustment shall result in the creation of any lot that does not conform to the minimum requirements of the Culpeper County Zoning Ordinance nor shall an existing non-conformity be increased or worsened and no such adjustment shall prevent the logical development of the remaining tract.

614.2 The following shall not be permitted under this Article:

614.2.1 An adjustment which involves the relocation or alteration of streets, alleys, easements for public passage, or other public areas; or

614.2.2 An adjustment in which, as a result of the adjustment, any easement or utility right-of-way is to be relocated or altered without the express consent of all persons holding any interest therein; or

614.3 An adjustment of lot lines which would expand the size of a nonconforming lot or increase the size of any lot by more than twenty-five percent (25%) shall be restricted as to subsequent minor divisions under Section 610 of this ordinance. No such subsequent division shall be permitted to yield an increase in the number of lots which would have been permissible prior to the adjustment of lot lines, unless all such additional lots exceed fifty (50) acres in size. The plat of any lot subject to this provision must include a clear statement indicating the restriction on subsequent divisions.

614.4 The final plan shall, in addition to any other requirements of this ordinance, contain wording substantially as follows, as approved by the Zoning Administrator: "For the purposes of application of the Zoning and Subdivision Ordinances of Culpeper County, Virginia, the tract or parcel shown on this plat shall be considered part of that tract or parcel conveyed to the undersigned owners by deed dated _______, and recorded in the Culpeper County Circuit Court Clerk's office in Deed Book _______, page _______, and the two (2) parcels shall be considered as one (1).

(Ords. of 9-7-2010(2); 5-7-2013(2))

(Ords. of 9-7-2010(2); 5-7-2013(2))