University of Virginia Library

I. APPENDIX I.

Subdivision of Land.[1]

Editor's note.—The subdivision ordinance is set out here without substantive
change. The ordinance was adopted on January 21, 1958, and
consisted of §§ 35-1 to 35-13, as indicated in the historical citations
which are set out in parentheses following the sections in this appendix.
To avoid confusion with sections of the City Code itself, especially
in the index and in cross references, the sections have been renumbered
1 to 13 herein. In addition, some section catchlines have been
revised and subsection catchlines have been supplied or changed where
necessary. The capitalization conforms to the style employed elsewhere
in this volume but no change has been made in the text of the ordinance.

§ 1. Definitions.

§ 2. Plat required; conflict with other regulations.

§ 3. Standards of design.

§ 4. Minimum improvements required.

§ 5. Preliminary plat.

§ 6. Final plat.

§ 7. Approval and recordation of plats; public notice of review.

§ 8. Appeal from disapproval of plat.

§ 9. Variations.

§ 10. Enforcement.

§ 11. Changes and amendments.

§ 12. Partial invalidity.

§ 12.1. Vacation of plats.

§ 13. Effective date.

Sec. 1. Definitions.

(a) Subdivision. The division of a lot, tract or parcel of
land into two or more lots, plots, site or other division of land
for the purpose, whether immediate or future, of sale and of
building development.

Division of land into lots of three (3) acres or more not
involving the establishment of a new street or access easement
shall be exempt from these regulations.

(b) Lot. A parcel of land occupied or intended for occupancy
and having its principal frontage upon an officially approved
street or place.

(c) Street. A public or private thoroughfare which affords
principal means of access to abutting property.

(d) Major street. A street shown on the Charlottesville
major street plan.

(e) Alley. A thoroughfare which affords only secondary
means of access to abutting property.

(f) Service drive. A public thoroughfare generally paralleling
and contiguous to a major street designed primarily to
promote safety by providing free access to adjoining property
and limited access to the major street.

(g) Easement. A grant by the property owner of the use
of land for a specific purpose.

(h) Plat. A map or drawing upon which the plan of a subdivision
is presented for approval and, in final form, for recording.

(i) Town house. A single-family dwelling unit being one
of a group of three or more such units attached or semiat-tached
with lots, utilities and other improvements being
designed to permit individual and separate ownership of such
lots and dwelling units. (1-21-58, § 35-1; 9-2-58; 7-20-70.)

Sec. 2. Plat required; conflict with other regulations.

(a) Making, approval and recording of plat. It shall be
unlawful for any owner or proprietor of any tract of land
located within the corporate limits or within three miles of
the corporate limits of the City of Charlottesville to subdivide
the same into two or more parts for the purpose of laying out
any town or city, or any addition thereto, or any part thereof,
or suburban lots without making a plat, securing approval
thereof and recording the same in the proper office of the
clerk of the court wherein deeds are recorded, as provided in
these regulations and the Virginia Land Subdivision Law.[2]

(b) Conference with planning commission. Before preparing
a preliminary plan, a subdivider should confer with the
city engineer or the staff of the city planning commission or
if outside of the city limits, he is advised to confer in the same
manner with the staff of the Albemarle County planning commission
relative to the regulations contained in this ordinance[3] and the content of the comprehensive city plan.

(c) Conflicting regulations. Whenever regulations contained
in this ordinance are different from regulations contained
in other ordinances, the most restrictive regulations
shall prevail. (1-2-58, § 35-2.)

Sec. 3. Standards of design.

(a) Street alignment; half streets; service drives.

(1) Provision shall be made, wherever possible, for the
continuation of principal existing or platted streets into adjoining
areas.

(2) Residential streets shall be designed to discourage
through traffic, but off-set or jog streets shall be avoided.

(3) The angle of intersection between streets shall be
as close to a right angle as possible.

(4) Streets of less than full right-of-way shall not be
permitted, however, where half streets exist on adjoining
property the remaining right-of-way requirement shall be
platted.

(5) Wherever a subdivision adjoins a major street, the
planning commission may require that access to private property
be provided from service drives.

(b) Street and alley widths; turn-arounds for dead-end
streets; reserve strips restricting access.

(1) The widths for major streets shall conform to the
widths designated on the major street plan.

(2) The widths for minor or residential streets shall be
not less than fifty-six (56) feet.

(3) Culs-de-sac or dead-end streets shall provide a terminal
turn-around having a radius of not less than fifty (50)
feet. Culs-de-sac should not exceed seven hundred (700) feet
in length exclusive of the turn-around.

(4) Streets that terminate temporarily, and thereby take
on the character of a dead-end street, shall be provided with a
temporary terminal turn-around having a radius of not less
than fifty (50) feet.

(5) Alleys not less than twenty (20) feet in width shall
be provided in the rear of all commercial and industrial districts
unless other provisions are made for parking and service.
Alleys shall not be permitted in residential districts. No
dead-end alleys shall be permitted.

(6) Reserve strips restricting access to streets or alleys
will not be permitted.

(c) Street grades. Maximum street grades permitted shall
be ten per cent; however, grades in excess of eight per cent
should be avoided.

(d) Easements for utilities or drainage. Easements of not
less than six (6) feet in width shall be provided on each side
of all rear lot lines and along side lot lines where necessary
for utility installation and maintenance. Easements of greater
width may be required for drainage purposes, or for the location
of main utility lines.

(e) Blocks. (1) No residential block shall be longer than
fifteen hundred (1500) feet.

(2) The greater dimensions of blocks adjoining a major
street shall, wherever possible, be parallel to such major
street.

(f) Lots.

(1) All lots shall have adequate access to an approved
street and shall contain a satisfactory building site.

(2) Side lines of lots shall be perpendicular to straight
street lines and radial to curved street lines unless a variation
to this regulation will provide a better street or lot layout.

(3) Double frontage or reverse frontage lots shall be
avoided except where essential to provide separation of residential
development from major thoroughfares or to overcome
disadvantages of topography.

(4) Residential lots shall provide a minimum lot area not
less than the requirement of zoning regulations applying to
the area being subdivided; provided, that the minimum requirements
of section 3(f) (5) shall be complied with.

(5) The minimum lot area shall conform to the following
requirements:

(i) Residential lots served by sanitary sewers and
public water supply shall provide a minimum lot area not
less than the requirements of Appendix II of the Code of the
City of Charlottesville; provided, however, that a lot on which
will be constructed a single-family attached dwelling as defined
in section 2(15) of Appendix II of the Code of the City
of Charlottesville shall have a minimum width of thirty-two
and one-half (32½) feet measured at the building line; except,
that corner lots for such single-family attached dwellings
shall provide a minimum width of forty-two and one-half
(42½) feet; further provided that lots for town house
developments shall conform to article VI, section 19 of Appendix
II of the Code of the City of Charlottesville.

(ii) Residential lots served by either sanitary sewers
or public water supply, but not both, shall provide a minimum
width of eighty (80) feet and a minimum area of
twelve thousand five hundred (12,500) feet.

(iii) Residential lots not served by a public sanitary
sewerage system and a public water supply shall provide a
minimum width of one hundred (100) feet and a minimum
area of twenty thousand (20,000) square feet.

(iv) In case of unsual soil condition or other physical
factor which may impair the health and safety of the neighborhood,
upon recommendation of the city or county health
officer, the city planning commission may increase the lot
area requirements specified under (5)(ii) and (5)(iii).

(v) Unless a sanitary sewerage system is available
which has been approved by the joint health department the
subdivider shall present to the city planning commission
satisfactory proof that such percolation tests as are required
by the joint health department have been made in accordance
with the standard procedure recommended by the Virginia
state health department, and that the minimum number of
square feet of area which shall be required for absorption of
effluent from the septic tank system for each individual lot
shall be based either on the results of a percolation test or
inspection of the soil condition by a sanitarian of the joint
health department.

(g) Building lines. Where the subdivided area is not under
zoning control and is to be used for residential purposes, the
subdivider shall establish building lines in accordance with the
character of the development, but in no case, shall the front
building line be less than thirty (30) feet from the right of
way of the street or thoroughfare upon which the lot fronts.
Restrictions requiring buildings to be set back of such building
lines shall be shown on the plat.

(h) Parks, schools and other public land. In subdividing
property, consideration should be given to suitable sites for
parks, schools and other areas for public use as contained in
the comprehensive city plan. Such planned location for parks,
schools or other public land should be indicated on the preliminary
plat in order that it may be determined if, when and
in what manner such areas will be dedicated to, reserved for
or acquired by the appropriate governing body for that use.

This regulation shall not be construed to preclude the dedication
of property for public use not included in the comprehensive
city plan provided such property is acceptable to
the city or county for dedication and maintenance.

(i) Easements along streams. Whenever any stream or
important surface drainage course is located in the area being
subdivided, provision shall be made for an adequate easement
along each side of the stream or drainage course for the purpose
of widening, deepening, relocating, improving, or protecting
the stream for drainage purposes. Such easements shall
not be considered part of a required street width.

(j) Land inadequately drained or subject to flooding. The
right is reserved to disapprove any subdivision which is subject
to periodic flooding, or which is inadequately drained.
(1-21-58, § 35-3; 6-2-58; 2-19-62; 4-16-62; 7-20-70; 1-16-73.)

Sec. 4. Minimum improvements required.

(a) Property within city limits.

(1) All streets shall be graded to their full width with
side slopes and fills outside the right of way.

(2) All streets shall be surfaced to a width of not less
than thirty-six (36) feet, measured from the face of the
curb line, and such surfacing shall consist of crushed stone
and screenings having a thickness of six (6) inches after
compaction. Concrete sidewalk with curb having a minimum
width of five (5) feet shall be installed along both sides of
all streets. An area five (5) feet in width shall be graded
behind and level with all sidewalks.

(3) Materials and methods of construction of the above
improvements shall be in accordance with specifications of the
city.

(4) All necessary drainage facilities including underground
pipe, inlets, catch basins or open ditches to provide
for the

adequate disposal of surface water and to maintain any natural
drainage course shall be installed, subject to the approval of the
city engineer. All pipe installed in connection with the
construction of streets and sidewalks shall be reinforced concrete
pipe and shall meet the state highway standards.

(5) All the foregoing improvements shall be made at the
expense of the subdivider. Upon the execution of a satisfactory
contract that such improvements will be made, and upon the
payment by the subdivider of one half of the estimated cost of gas,
water and sewer mains as determined by the engineering department
of the city, gas, water and sewer mains will be installed
by the city in such subdivision, or the portion thereof, in
which the above improvements have been

made. The city manager may require in any such contract,
such guarantees by way of deposit or bond as may be proper
to secure the performance thereof.

(6) This ordinance[4] shall not apply to subdivisions heretofore
approved by the planning commission.

(b) Property in county but within three miles of corporate
limits.

(1) The right of way of all streets shall be graded to
their full width with side slopes and fills outside the right
of way. Surfacing consisting of crushed stone or gravel shall
be installed to a width of thirty (30) feet and to a depth of
six (6) inches after compaction. Curb, gutters and sidewalks
are not required.

(2) All necessary drainage facilities including underground
pipe, inlets, catch basins or open ditches to provide
for the adequate disposal of surface water and to maintain
any natural drainage course shall be installed in conformance
with standards and subject to the approval of the state highway
department. All pipe installed in connection with the construction
of streets shall be reinforced concrete except in such
cases where special conditions exist, permission may be
granted by the county planning commission for the use of
other materials.

(c) Monuments. Permanent monuments of stone or concrete
shall be placed at all block corners or at the tangent
points of curves connecting intersecting street lines; at the
points of curvature and tangency; at all corners in the exterior
boundary of the subdivision, except at such corners that
are inaccessible due to topography; and at such other points
as may be designated by the planning commission of the City
of Charlottesville or the Albemarle County planning commission.
The location and character of all such monuments shall
be clearly designated on the final plat. Such monuments shall
be set flush with the surface of the ground or finished grade.
Monuments shall be of pre-cast concrete two (2) feet in
length and four (4) inches square or eight (8) inches in
diameter, having a metal pin imbedded therein; or the monument
may be a steel or iron pin five-eighths (⅝) inch by

thirty (30) inches, or larger, set in a block of concrete eighteen
(18) inches deep and ten (10) inches square at top and
bottom, marking the point represented on the final plat. (1-2158,
§ 35-4; 6-2-58; 2-19-62.)

Sec. 5. Preliminary plat.

For subdivisions involving more than ten (10) lots, a subdivider
shall file ten (10) prints of a preliminary plat prepared
by a surveyor or civil engineer licensed by the state,
with the office of the city planning department at least ten
(10) days prior to the meeting at which the plat is to be
considered. The plat shall be drawn on a single sheet at a
scale of one hundred (100) feet to the inch. For subdivisions
involving administrative review of ten (10) lots or fewer,
the planning department shall be allowed up to ten (10) days
to review and approve or disapprove same.

(a) Preliminary plat shall show:

(1) The title under which the subdivision is to be recorded,
and the names and addresses of the recorded owner
and subdivider, and holders of any encumbrances or easements
against the property.

(2) A vicinity sketch showing the relation of the proposed
subdivision to adjoining property and the city.

(3) A field topographic map with a contour interval of
five (5) feet referred to city datum showing the boundary
lines of the tract to be subdivided.

(4) The location, width and names of all existing or
platted streets or other public ways within or adjacent to the
subdivision, easements, railroad rights of way and land lot
lines.

(5) The location and dimensions of proposed streets, alleys,
lots, building lines and easements.

(6) Grades of all proposed streets.

(7) 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.

(8) Areas shown in the comprehensive city plan as proposed
sites for schools, parks or other public uses which are
located in whole or in part within the land being subdivided.

(9) Preliminary sketch plans indicating the proposed
method of accomplishing drainage, water supply and sewage
disposal. Approval of such preliminary plans does not constitute
approval of final utility plans required as a part of the
final plat.

(10) Preliminary cross sections, profiles and road grades.

(11) The location of existing zoning district lines and the
proposed use of the property being subdivided.

(12) Date, north point and scale. (1-21-58, § 35-5; 3-369;
9-20-71.)

Sec. 6. Final plat.

For subdivisions involving more than ten (10) lots a subdivider
shall file the original linen tracing and ten (10) prints
thereof of the final plat prepared by a surveyor or civil engineer
licensed by the state and supporting data listed herein,
with the office of the city planning department at least ten
(10) days prior to the meeting at which the plat is to be
considered. The plat shall be drawn at a scale of two hundred
(200) feet to the inch unless otherwise approved by
the planning director. The maximum sheet size shall be
eleven (11) by seventeen (17) inches. For subdivisions involving
administrative review of ten (10) lots or fewer, the
planning department shall be allowed up to ten (10) days
to review and approve or disapprove same.

(a) Final plat shall show:

(1) The title under which the subdivision is to be recorded
and the name or number of the section if a part of a
larger tract.

(2) A statement that the subdivision of the land described
herein is with the free consent of the undersigned
owners, proprietors and trustees.

(3) The boundary lines of the area being subdivided with
accurate distances and bearings. The boundaries shall be determined
by an accurate field survey.

(4) The exact layout in general conformity with the preliminary
plat including:

(a) Street names. (Names of new streets shall not
duplicate existing or platted street names unless the new

street is a continuation of existing or platted street.) All
dimensions, both linear and angular, for locating lots, streets,
alleys, public easements and private easements. The linear
dimension shall be expressed in feet and hundredths of a foot,
and all angular measurements shall be expressed by bearings
or angles. All curves shall be defined by their radius, central
angle, tangent distances, tangent bearing and arc lengths.
Such curve data shall be expressed by a curve table lettered
on the face of the plat, each curve being tabulated and numbered
to correspond with the respective numbered curves
shown throughout the plat.

(5) Lots numbered in numerical order, and block identification.

(6) Location of all minimum building setback lines.

(7) The location and material of all permanent reference
monuments.

(8) All parcels of land intended to be dedicated or reserved
for public use, or for the common use of all property
owners within the subdivision.

(9) A definite bearing and distance tie shall be shown between
not less than two permanent monuments on the exterior
boundary of the subdivision, and to existing street
intersections where possible and reasonably convenient.

(10) Date and north point.

(11) Private restrictions and their period of existence.
Should these restrictions be of such length as to make their
lettering on the plat impracticable and thus necessitate the
preparation of a separate instrument, reference shall be made
thereto on the plat.

(12) Signature panels for: Chairman and secretary of
the city planning commission for land lying within the corporate
limits; for land lying outside the corporate limits, the
signature panel shall include the chairman and secretary of
the Albemarle County planning commission and the chairman
of board of supervisors in addition to the above.

(13) Temporary turn-arounds where needed. When one
or more temporary turn-arounds are shown, the following
note shall be included on the plat.

The area on this plat designated as "Temporary Turn-Around"
will be constructed and used as other streets in the

subdivision until (........................................) is/are extended to
(................* ................) at which time the land in the temporary
turn-around area will be abandoned for street purposes
and will revert to adjoining lot owners in accordance with
specific provisions in their respective deeds.

* Insert street name.

Insert street name if possible, otherwise insert the following
note: A connecting street or to another turn-around which
is approved by plat by the planning commission.

(b) Supporting data shall include:

(1) Plans for drainage, streets, including cross sections
and profiles, water supply and sewage disposal, including
drainage courses, existing sewers, water mains, culverts and
other underground structures within the tract showing pipe
sizes, invert elevations and grades. (1-21-58, § 35-6; 3-3-69;
9-20-71.)

Sec. 7. Approval and recordation of plats; public notice of review.

(a) Approval of preliminary plat. The city planning commission
and the Albemarle County planning commission shall
indicate approval or disapproval of all subdivisions within
their jurisdiction, received for consideration within thirty
(30) days from the date of the first meeting following the
filing of the preliminary plat. Approval of a preliminary plat
does not constitute a final approval of the plat and shall be
valid for a period of one year, but may be extended by the
planning commission having jurisdiction. For the division of
property into ten (10) lots or fewer, the planning director
is authorized and may approve and sign the plat administratively
for the planning commission, and he (or she) shall be
allowed up to ten (10) days to review and approve or disapprove
same. Thereafter the planning director shall at the next
regular meeting of the planning commission present a list of
those plats reviewed administratively, indicating action taken.
If in the event a plat is disapproved by the planning department,
an appeal may be taken to the planning commission and

such appeal may be allowed at the next regularly scheduled
planning commission meeting.

(b) Approval of final plat. The city planning commission
and the city engineer, the Albemarle County planning commission
and board of supervisors in addition, shall indicate approval
or disapproval of all subdivisions received for consideration
within thirty (30) days from the date of the first
meeting following the filing of the final plat. Approval of
a final plat shall be void unless the approved plat is recorded
within a period of six (6) months. For the division of property
into ten (10) lots or fewer, the planning director is authorized
and may approve and sign the plat administratively
for the planning commission, and he (or she) shall be allowed
up to ten (10) days to review and approve or disapprove
same. Thereafter the planning director shall at the next regular
meeting of the planning commission present a list of those
plats reviewed administratively, indicating action taken. If
in the event a plat is disapproved by the planning department,
an appeal may be taken to the planning commission and such
appeal may be allowed at the next regularly scheduled planning
commission meeting.

(c) Recording. Approved final plats for land lying within
the corporate limits of Charlottesville shall be filed in the office
of the clerk of the corporation court. For land lying in Albemarle
County, the approved final plat shall be filed in the office
of the clerk of the circuit court.

No such plat or subdivision shall be recorded by the clerk
of the court having jurisdiction unless and until it shall have
been submitted to and approved by the planning commission
of the city for property within the corporate limits of the
City of Charlottesville or by the Albemarle County planning
commission and the Charlottesville planning commission as
required by "The Virginia Land Subdivision Law"[5] for property
without said corporate boundaries and in Albemarle
County. However, plats involving the division of property

into ten (10) lots or fewer may be recorded following administrative
review and approval by the planning director.

(d) Public notice. All plats, both preliminary and final, to
be reviewed and approved by the planning commission, shall
be subject to public notice being given at least five days prior
to the date upon which action is to be taken on the plat. Such
notice shall be in the form of a legal advertisement in a newspaper
of general circulation. (1-21-58, § 35-7; 9-20-71; 1-18-72.)

Sec. 8. Appeal from disapproval of plat.

In the event a subdivision plat is disapproved, a subdivider
may appeal such decision to the court having jurisdiction as
provided by the state statutes. (1-21-58, § 35-8.)

Sec. 9. Variations.

Whenever, because of unusual size, topography or shape of
the property, or other unusual conditions, the strict application
of these regulations would result in practical difficulties,
the requirements may be varied by the planning commission
having jurisdiction to permit subdivision, yet protect the public
welfare. (1-21-58, § 35-9.)

Sec. 10. Enforcement.

(a) Penalty. Any owner or proprietor of any tract of land
who subdivides that tract of land and who violates any of the
provisions of this ordinance[6] shall be guilty of a misdemeanor,
punishable by a fine of not less than ten (10) dollars and not
more than two hundred fifty (250) dollars, and each day during
which violation shall continue shall constitute a separate
violation.

(b) Preventing, restraining or abating violation. The city
council or county board of supervisors, in addition to other
remedies, may institute any appropriate action or proceedings
to prevent violation or attempted violation, to restrain, correct
or abate such violation or attempted violation, or to prevent
any act which would constitute such a violation. (1-21-58,
§ 35-10.)

Sec. 11. Changes and amendments.

Any regulation or provisions of this ordinance[7] may be
changed or amended from time to time by the city council as
specified in sections 15.1-465 to 15.1-485 of the Code of Virginia;
provided, however, that such changes or amendments

shall not become effective until after study and report by the
city planning commission, and until after a public hearing
has been held, notice of which shall have been given once a
week for two successive weeks in a newspaper of general
circulation. (1-21-58, § 35-11.)

Sec. 12. Partial invalidity.

If any section, subsection, clause or phrase of this ordinance
is for any reason held to be unconstitutional or void,
such decision shall not affect the validity of the remaining
portions of this ordinance.[8] (1-21-58, § 35-12.)

Sec. 12.1. Vacation of certain plats.

Pursuant to section 15.1-482 of the Code of Virginia, as
amended, the portions of the following plats are hereby
vacated:

(a) That portion of proposed Glendale Road lying south of
North Avenue and ending at the southernmost boundary of
the said subdivision, that portion of proposed Glendale Road
beginning at the old corporate limits and extending in a northerly
direction until it connects with North Avenue, that portion
of North Avenue beginning with Lot 4, Block III and
continuing to its intersection with proposed Glendale Road
at Block VIII, as shown on a plat of Albemarle Homes Subdivision,
Sections 1 and 2, recorded in the clerk's office of the
corporation court of the City of Charlottesville, Virginia, in
D. B. 153, pages 168, 169 and 170.

(b) Those portions that are shown as lying north of Lot 5
and Lot 19, Block IV, Lot 5, Block V and Lot 5, Block VI and
that portion of Cottonwood Road that extends beyond Lot 5,
Block V and Lot 5, Block VI, as shown on a plat of Albemarle
Homes Subdivision, Area II, recorded in the aforesaid clerk's
office in D. B. 185, p. 153.

(c) That portion of a plat of Ridgecrest known as Block B
containing Lots 1 through 15, leaving undisturbed that part of
the same plat known as Block A. The said plat is by William S.
Roudabush and is dated April, 1962 and recorded in the
clerk's office of the corporation court of the City of Charlottesville,
Virginia in Deed Book 239, page 393.

(d) That portion of a plat known as three lots and being
described as Lots 17, 18 and 19, Block 23, Carlton Addition, on
a plat by R. E. Shaw dated July 1, 1891 and recorded in the
circuit court of the County of Albemarle in Deed Book 97,

page 352, leaving undisturbed the remaining part of said
plat. (8-5-63; 9-15-69.)

Sec. 13. Effective date.

The foregoing regulation shall be effective for the City of
Charlottesville upon passage by the city council; and shall be
effective within the three miles bordering area of Albemarle
County upon adoption by the board of supervisors of Albemarle
County[9] or, in the absence of such adoption by said
county, upon entering of court order as provided in section
15.1-469, Code of Virginia. (1-21-58, § 35-13.)