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SUBDIVISION MANUAL APPENDIX B: MODEL CERTIFICATES AND DECLARATIONS
APPENDIX B Effective Date: August 1, 2005 MODEL CERTIFICATES AND DECLARATIONS A. The following are suggested or model language for the various certificates and declarations required on final plats. Certificates and declarations are required or (in some cases) recommended statements disclosing information pertaining to final plats for the benefit of potential purchasers of the property. The Subdivision Agent will accept variations in wording of these certificates and declarations provided that their overall meaning and intent is the same: 1. Model Certificates of Approval 2. Model Certificate of Ownership and Dedication 3. Model Surveyor’s/Engineer’s Certificate 4. Model Certificate of Acknowledgement of Conditions for Plat Approval for Family Division or Family Subdivision Plat 5. Model Certificate of Acknowledgement of Conditions of Approval for Two-Lot Division or TwoLot Subdivision Plat 6. Model Class A (Public Street) Street Certificate 7. Model Class B-1 (Rural Private Streets) Street Certificate 8. Model Class B-2 (Private Streets Built to Public Street Standards) Street Certificate 9. Model Class C-1 (Pre-Existing Withheld Street) Street Certificate 10. Model Class C-2 (Family Withheld Street) Street Certificate 11. Model Class D (Vehicular Access Easement) Street Certificate 12. Model Sanitary Sewer Certificate – Town of Abingdon 13. Model Declaration of Plat Title 14. Model Declaration of Phased Development 15. Model Declaration of Right to Further Division or Subdivision 16. Model Declaration of Property Owner’s Association (added 4-1-06) 17. Model Declaration of On-Site Sewage System Requirements (added 4-1-06) 18. Model Declaration concerning Septic Drainfields (added 10-1-07) Additional model certificates and declarations and/or modifications to the above may be made to the above list from time to time at the discretion of the Subdivision Agent. B. Certificates and declarations are optional for all sketch plans and preliminary plats except for preliminary plats for Major Subdivisions unless otherwise indicated in the guidance following each model.
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SUBDIVISION MANUAL APPENDIX B: MODEL CERTIFICATES AND DECLARATIONS
1. Model Certificates of Approval: Version A:
CERTIFICATE OF APPROVAL THIS SUBDIVISION KNOWN AS [Name of development] SUBDIVISION IS APPROVED BY THE UNDERSIGNED IN ACCORDANCE WITH CHAPTER 52 OF THE CODE OF THE COUNTY OF WASHINGTON, VIRGINIA (2002) AND MAY BE COMMITTED TO RECORD. [Signature]____________________ HIGHWAY ENGINEER [Signature]____________________ HEALTH OFFICER [Signature]_______________ ____ UTILITY COORDINATOR [Signature]_____________________ COUNTY SUBDIVISION AGENT ___________________ DATE OF EXECUTION ___________________ DATE OF EXECUTION ___________________ DATE OF EXECUTION ___________________ DATE OF EXECUTION
THIS PLAT IS NOT APPROVED AND INVALID IF RECORDED WITHOUT SIGNATURE OF SUBDIVISION AGENT.
Guidance for Use of Certificate: Version A of this Certificate is required on all final plats of Minor and Major Subdivisions. Version B:
CERTIFICATE OF APPROVAL THIS PLAT COMPLIES WITH ALL APPLICABLE REQUIREMENTS OF CHAPTER 52 OF THE CODE OF THE COUNTY OF WASHINGTON, VIRGINIA (2002) AND MAY BE COMMITTED TO RECORD. [Signature] ___________________ COUNTY SUBDIVISION AGENT ___________________ DATE OF EXECUTION
Guidance for Use of Certificate: Version B of the Certificate of Approval may be used for divisions where review and approval by the Highway Engineer, Health Officer, and Utility Coordinator are not necessary. This Certificate will typically consist of an adhesive label or stamp affixed to the final plat by the Subdivision Agent.
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SUBDIVISION MANUAL APPENDIX B: MODEL CERTIFICATES AND DECLARATIONS
2. Model Certificate of Ownership and Dedication:
CERTIFICATE OF OWNERSHIP AND DEDICATION I (WE) HEREBY CERTIFY THAT THE PLATTING AND/OR DEDICATION OF THE PROPERTY SHOWN AND DESCRIBED HEREON IS WITH THE FREE CONSENT AND IN ACCORDANCE WITH THE DESIRE OF THE UNDERSIGNED OWNER(S), PROPRIETOR(S) AND TRUSTEE(S), IF ANY. [Signature] _________________________ OWNER, PROPRIETOR, OR TRUSTEE [Signature] _________________________ OWNER, PROPRIETOR, OR TRUSTEE ___________________ DATE OF EXECUTION ___________________ DATE OF EXECUTION
STATE OF ______________________________________ COUNTY OF _____________________________________ TO WIT: I [Notary’s Name]_________________________ NOTARY PUBLIC IN AND FOR THE COUNTY AND STATE AFORESAID DO CERTIFY THAT THE ABOVE OWNERS OF THE PROPERTY SHOWN ON THIS PLAT WHOSE NAMES ARE SIGNED HEREON HAVE ACKNOWLEDGED THE SAME BEFORE ME IN SAID COUNTY AND STATE. GIVEN UNDER MY HAND THIS _______ DAY OF ______________, 200__ [Signature] ______________________ NOTARY PUBLIC
Guidance for Use of Certificate: This Certificate is required on all final plats of Two-Lot Divisions and Minor and Major Subdivisions pursuant to Sec. 52-72 of the Subdivision Ordinance. Notarization is required for Certificate.
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SUBDIVISION MANUAL APPENDIX B: MODEL CERTIFICATES AND DECLARATIONS
3. Model Surveyor’s/Engineer’s Certificate:
SURVEYOR’S/ENGINEER’S CERTIFICATE I HEREBY CERTIFY THAT THIS SURVEY TO THE BEST OF MY KNOWLEDGE AND BELIEF IS CORRECT AND COMPLIES WITH THE MINIMUM PROCEDURES AND STANDARDS ESTABLISHED BY THE VIRGINIA STATE BOARD OF ARCHITECTS, PROFESSIONAL ENGINEERS, LAND SURVEYORS AND LANDSCAPE ARCHITECTS. SOURCE OF TITLE: [Use space as necessary for all information]____________ PLACE OF RECORD OF LAST INSTRUMENT IN THE CHAIN OF TITLE: [Use space as necessary for all information]______________________________ THE PROPERTY AS SHOWN ON THIS PLAT LIES IN FLOOD ZONE(S): [Insert zone(s) classification(s) and definition(s) –OR- marked as “Not Applicable”]_ REFERENCE: [Cite source for flood zone determination - i.e., FEMA – Flood Insurance Rate Map (FIRM)] ________________________________________ COMMUNITY PANEL ID: [FIRM Panel #] EFFECTIVE DATE: [FIRM Panel or other source date] [Signature] __________________________ SURVEYOR/ENGINEER (Affix Professional Seal – Seal to be Signed by Surveyor or Engineer on Final Plat)
Guidance for Use of Certificate: This Certificate is required all final plats where the plat is based on field survey work by a professional surveyor or engineer. Sec. 15.2-2262 of the Code of Virginia requires this Certificate to contain source of title information as well as location where last title to property being divided/subdivided is recorded. In instances where no portion of the property being divided/subdivided lies within a designated Flood Hazard (FH) Zoning District, the information pertaining to flood zone may be omitted or marked as “Not Applicable”; however, the Reference, Community Panel ID and Effective Date information must still be included. County Tax Map ID numbers should be included in the Source of Title portion of this Certificate.
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SUBDIVISION MANUAL APPENDIX B: MODEL CERTIFICATES AND DECLARATIONS
4. Model Certificate of Acknowledgement of Conditions for Plat Approval for Family Division or Family Subdivision Plat:
CERTIFICATE OF ACKNOWLEDGEMENT OF CONDITIONS OF APPROVAL FOR FAMILY DIVISION OR FAMILY SUBDIVISION PLAT THE SIGNATORY OWNER(S), PROPRIETOR(S), OR TRUSTEE(S) UNDERSTAND AND AGREE THAT NO LOT SHOWN ON THIS FAMILY DIVISION OR FAMILY SUBDIVISION PLAT MAY BE SOLD OR CONVEYED TO ANY PERSON OTHER THAN A “FAMILY MEMBER,” AS DEFINED BY CHAPTER 52 OF THE WASHINGTON COUNTY CODE FOR A PERIOD OF TWO (2) YEARS FROM THE DATE OF RECORDATION OF THIS PLAT EXCEPT AS MAY BE PERMITTED PURSUANT TO CHAPTER 52. IF ANY LOT CREATED BY THE RECORDATION OF THIS PLAT IS CONVEYED BACK TO THE GRANTOR, IT SHALL BE RECOMBINED WITH THE PARENT LOT WITHIN SIX (6) MONTHS AFTER SUCH CONVEYANCE. ANY LOT(S) DIVIDED FOR PURPOSES OF A FAMILY DIVISION OR FAMILY SUBDIVISION SHALL NOT BE FURTHER DIVIDED OR SUBDIVIDED FOR A PERIOD OF ONE (1) YEAR FROM THE DATE OF RECORDATION WITHOUT COMPLYING WITH ALL REQUIREMENTS FOR MAJOR SUBDIVISIONS PURSUANT TO CHAPTER 52.
Guidance for Use of Certificate: This Certificate is required on all final plats for Family Divisions and Family Subdivisions pursuant to Secs. 52-103 and 52-112 of the Subdivision Ordinance.
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SUBDIVISION MANUAL APPENDIX B: MODEL CERTIFICATES AND DECLARATIONS
5. Model Certificate of Acknowledgement of Conditions of Approval for Two-Lot Division or Two-Lot Subdivision Plat:
CERTIFICATE OF ACKNOWLEDGEMENT OF CONDITIONS OF APPROVAL FOR TWO-LOT DIVISION OR TWO-LOT SUBDIVISION PLAT THE SIGNATORY OWNER(S), PROPRIETOR(S), OR TRUSTEE(S) UNDERSTAND AND AGREE THAT ANY LOT(S) DEPICTED ON THIS PLAT THAT IS(ARE) DIVIDED FOR PURPOSES OF A TWO-LOT DIVISION OR TWO-LOT SUBDIVISION PURSUANT TO CHAPTER 52 OF THE WASHINGTON COUNTY CODE SHALL NOT BE FURTHER DIVIDED FOR A PERIOD OF ONE (1) YEAR FROM THE DATE OF RECORDATION WITHOUT COMPLYING WITH ALL REQUIREMENTS FOR MAJOR SUBDIVISIONS PURSANT TO CHAPTER 52. ANY LOT(S) DEPICTED ON THIS PLAT ABUTTED AND ACCESSED BY VEHICULAR ACCESS EASEMENT(S) (CLASS D STREET(S)) PURSUANT TO CHAPTER 52 OF THE WASHINGTON COUNTY CODE SHALL NOT BE FURTHER DIVIDED FOR A PERIOD OF FIVE (5) YEARS FROM THE DATE OF RECORDATION WITHOUT COMPLYING WITH ALL REQUIREMENTS FOR MAJOR SUBDIVISIONS PURSUANT TO CHAPTER 52.
Guidance for Use of Certificate: The Certificate is required on all final plats for Two-Lot Divisions and Two-Lot Subdivisions pursuant to Secs. 52-112 and 52-156 of the Subdivision Ordinance.
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SUBDIVISION MANUAL APPENDIX B: MODEL CERTIFICATES AND DECLARATIONS
6. Model Class A (Public Street) Street Certificate:
CLASS A STREET CERTIFICATE THE SIGNATORY OWNER(S), PROPRIETOR(S), OR TRUSTEE(S) CERTIFY THAT THE RIGHT-OF-WAY(S) OF THE STREET(S) DEPICTED ON THIS PLAT IS(ARE) DEDICATED FOR PUBLIC USE AS PUBLIC STREET(S) (CLASS A STREET(S)) PURSUANT TO CHAPTER 52 OF THE WASHINGTON COUNTY CODE AND HAVE BEEN, OR WILL BE CONSTRUCTED TO APPLICABLE VIRGINIA DEPARTMENT OF TRANSPORTATION PUBLIC STREET STANDARDS. UNTIL SUCH TIME AS THE VIRGINIA DEPARTMENT OF TRANSPORTATION INCORPORATES THE(SE) PUBLIC STREET(S) INTO THE STATE SYSTEM OF SECONDARY HIGHWAYS, THE SIGNATORY(IES) ACCEPT AND ASSUME ALL MAINTENANCE RESPONSIBILITY FOR THE(SE) STREET(S) AND FOR SUBMISSION OF THE(SE) STREET(S) FOR INCORPORATION INTO THE STATE SYSTEM OF SECONDARY HIGHWAYS AT THEIR EARLIEST ELIGIBILITY.
Guidance for Use of Certificate: This Certificate is required on final plats depicting new Class A Streets pursuant to Secs. 52-8 and 52-23 of the Subdivision Ordinance. Final plats depicting new lots to be served entirely by preexisting Class A Streets (streets already publicly dedicated and incorporated into the state system of secondary highways) need not bear this Certificate. All new Class A Streets shall be clearly marked as such on the final plat.
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SUBDIVISION MANUAL APPENDIX B: MODEL CERTIFICATES AND DECLARATIONS
7. Model Class B-1 (Rural Private Streets) Street Certificate:
CLASS B-1 STREET CERTIFICATE THE SIGNATORY OWNER(S), PROPRIETOR(S), OR TRUSTEE(S) CERTIFY THE RIGHT-OF-WAY(S) OF THE STREET(S) DEPICTED ON THIS PLAT ARE DEDICATED FOR PUBLIC USE AS RURAL PRIVATE STREET(S) (CLASS B-1 STREET(S)) PURSUANT TO CHAPTER 52 OF THE WASHINGTON COUNTY CODE. THE(SE) STREET(S) HAVE BEEN OR WILL BE CONSTRUCTED TO APPLICABLE COUNTY RURAL PRIVATE STREET STANDARDS. THE SIGNATORY(IES) FURTHER ACKNOWLEDGE AND AGREE AS FOLLOWS: 1. THE(SE) RURAL PRIVATE STREET(S) WILL NOT BE MAINTAINED BY THE VIRGINIA DEPARTMENT OF TRANSPORTATION OR COUNTY. 2. THE(SE) RURAL PRIVATE STREET(S) SHALL BE MAINTAINED BY THE LOT OWNER(S) SERVED BY SUCH STREET(S). 3. THE(SE) RURAL PRIVATE STREET(S) IS(ARE) INELIGIBLE FOR INCORPORATION INTO THE STATE SYSTEM OF SECONDARY HIGHWAYS UNLESS THE(SE) STREET(S) IS(ARE) BROUGHT INTO CONFORMANCE WITH APPLICABLE PUBLIC STREET STANDARDS AT NO COST TO THE COUNTY OR STATE AND THAT, UPON ANY REQUEST FOR INCORPORATION AS PUBLIC STREET(S), THE OWNERS OF THE ABUTTING LOTS SHALL, AT THEIR OWN EXPENSE, SATISFY ALL APPLICABLE REQUIREMENTS IMPOSED BY THE GOVERNMENTAL BODIES OR AGENCIES INVOLVED AND IN EFFECT AT THAT TIME. 4. UNTIL THE(SE) RURAL PRIVATE STREET(S) IS(ARE) INCORPORATED INTO THE STATE SYSTEM OF SECONDARY HIGHWAYS CERTAIN PUBLIC SERVICES MAY NOT BE AVAILABLE TO THE LOT(S) SERVED BY SUCH STREET(S). THE SIGNATORY(IES) SHALL CAUSE THIS STATEMENT SHALL BE SET OUT WITHIN THE DEED(S) TO THE LOT(S) SERVED BY THE(SE) CLASS B-1 STREET(S), AND GRANTOR(S) OF ANY LOT(S) SERVED BY THE(SE) STREET(S) SHALL INCLUDE THIS STATEMENT ON EACH SUBSEQUENT DEED OF CONVEYANCE THEREOF.
Guidance for Use of Certificate: This Certificate is required on final plats depicting Class B-1 streets pursuant to Sec. 52-215 of the Subdivision Ordinance. All Class B-1 streets shall be clearly marked as such on the final plat.
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SUBDIVISION MANUAL APPENDIX B: MODEL CERTIFICATES AND DECLARATIONS
8. Model Class B-2 (Private Streets Built to Public Street Standards) Street Certificate:
CLASS B-2 STREET CERTIFICATE THE SIGNATORY OWNER(S), PROPRIETOR(S), OR TRUSTEE(S) CERTIFY THE RIGHT-OF-WAY(S) OF THE STREET(S) DEPICTED ON THIS PLAT IS(ARE) DEDICATED FOR PUBLIC USE AS PRIVATE STREET(S) BUILT TO PUBLIC STREET STANDARDS (CLASS B-2 STREET(S)) PURSUANT TO CHAPTER 52 OF THE WASHINGTON COUNTY CODE. THE(SE) STREET(S) HAVE BEEN OR WILL BE CONSTRUCTED TO APPLICABLE VIRGINIA DEPARTMENT OF TRANSPORTATION PUBLIC STREET STANDARDS. THE SIGNATORY(IES) FURTHER ACKNOWLEDGE AND AGREE AS FOLLOWS: 1. THE(SE) PRIVATE STREET(S) WILL NOT BE MAINTAINED BY THE VIRGINIA DEPARTMENT OF TRANSPORTATION OR COUNTY. 2. THE(SE) PRIVATE STREET(S) SHALL BE MAINTAINED BY THE PROPERTY OWNER’S ASSOCIATION FOR THE GATED RESIDENTIAL SUBDIVISION SERVED BY SUCH STREET(S); 3. THE(SE) PRIVATE STREET(S) IS(ARE) INELIGIBLE FOR INCORPORATION INTO THE STATE SYSTEM OF SECONDARY HIGHWAYS UNLESS THE(SE) STREET(S) ARE BROUGHT INTO CONFORMANCE WITH APPLICABLE PUBLIC STREET STANDARDS AT NO COST TO THE COUNTY OR STATE AND THAT, UPON ANY REQUEST FOR INCORPORATION AS PUBLIC STREET(S) THE PROPERTY OWNER’S ASSOCIATION SHALL AT IT’S OWN EXPENSE SATISFY ALL APPLICABLE REQUIREMENTS IMPOSED BY THE GOVERNMENTAL BODIES OR AGENCIES INVOLVED AND IN EFFECT AT THAT TIME, 4. UNTIL THE(SE) PRIVATE STREET(S) IS(ARE) INCORPORATED INTO THE STATE SYSTEM OF SECONDARY HIGHWAYS CERTAIN PUBLIC SERVICES MAY NOT BE AVAILABLE TO THE LOT(S) SERVED BY SUCH STREET(S). THE SIGNATORY(IES) SHALL CAUSE THIS STATEMENT SHALL BE SET OUT WITHIN THE DEED(S) TO THE LOT(S) SERVED BY THE(SE) CLASS B-2 STREET(S), AND GRANTOR(S) OF ANY LOT(S) SERVED BY THE(SE) STREET(S) SHALL INCLUDE THIS STATEMENT ON EACH SUBSEQUENT DEED OF CONVEYANCE THEREOF.
Guidance for Use of Certificate: This Certificate is required on final plats depicting Class-B-2 streets serving gated residential subdivisions pursuant to Sec. 52-215 of the Subdivision Ordinance. All Class B-2 streets shall be clearly marked as such on the final plat.
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SUBDIVISION MANUAL APPENDIX B: MODEL CERTIFICATES AND DECLARATIONS
9. Model Class C-1 (Pre-Existing Withheld Street) Street Certificate:
CLASS C-1 STREET CERTIFICATE THE SIGNATORY OWNER(S), PROPRIETOR(S), OR TRUSTEE(S) CERTIFY THE STREET(S) DEPICTED ON THIS PLAT HAVE BEEN WITHHELD FROM DEDICATION FOR PUBLIC USE AS PRE-EXISTING WITHHELD STREET(S) (CLASS C-1 STREET(S)) PURSUANT TO CHAPTER 52 OF THE WASHINGTON COUNTY CODE. THE(SE) STREET(S) WAS(WERE) WITHHELD FROM DEDICATION FOR PUBLIC USE BEFORE JULY 1, 2005 PURSUANT TO PRIOR COUNTY SUBDIVISION ORDINANCE. THE SIGNATORY(IES) FURTHER ACKNOWLEDGE AND AGREE AS FOLLOWS: 1. THE(SE) PRE-EXISTING WITHHELD STREET(S) WILL NOT BE MAINTAINED BY THE VIRGINIA DEPARTMENT OF TRANSPORTATION OR COUNTY. 2. THE(SE) PRE-EXISTING WITHHELD STREET(S) SHALL BE MAINTAINED BY THE LOT OWNER(S) SERVED BY SUCH STREET(S) OR AS MAY OTHERWISE BE PRESCRIBED. 3. THE(SE) PRE-EXISTING WITHHELD STREET(S) IS(ARE) INELIGIBLE FOR INCORPORATION INTO THE STATE SYSTEM OF SECONDARY HIGHWAYS UNLESS THE(SE) STREET(S) IS(ARE) DEDICATED FOR PUBLIC USE AND BROUGHT INTO CONFORMANCE WITH APPLICABLE PUBLIC STREET STANDARDS AT NO COST TO THE COUNTY OR STATE AND THAT, UPON ANY REQUEST FOR INCORPORATION AS PUBLIC STREET(S), THE OWNERS OF THE ABUTTING LOTS SHALL, AT THEIR OWN EXPENSE, SATISFY ALL APPLICABLE REQUIREMENTS IMPOSED BY THE GOVERNMENTAL BODIES OR AGENCIES INVOLVED AND IN EFFECT AT THAT TIME. 4. UNTIL THE(SE) PRE-EXISTING WITHHELD STREET(S) IS(ARE) PUBLICLY DEDICATED AND INCORPORATED INTO THE STATE SYSTEM OF SECONDARY HIGHWAYS CERTAIN PUBLIC SERVICES MAY NOT BE AVAILABLE TO THE LOT(S) SERVED BY SUCH STREET(S). THE SIGNATORY(IES) SHALL CAUSE THIS STATEMENT SHALL BE SET OUT WITHIN THE DEED(S) TO THE LOT(S) SERVED BY THE(SE) CLASS C-1 STREET(S), AND GRANTOR(S) OF ANY LOT(S) SERVED BY THE(SE) STREET(S) SHALL INCLUDE THIS STATEMENT ON EACH SUBSEQUENT DEED OF CONVEYANCE THEREOF.
Guidance for Use of Certificate: This Certificate is recommended on final plats depicting Class C-1 streets. All Class C-1 streets shall be clearly marked as such on the final plat.
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SUBDIVISION MANUAL APPENDIX B: MODEL CERTIFICATES AND DECLARATIONS
10. Model Class C-2 (Family Withheld Street) Street Certificate:
CLASS C-2 STREET CERTIFICATE THE SIGNATORY OWNER(S), PROPRIETOR(S), OR TRUSTEE(S) CERTIFY THAT THE STREET(S) DEPICTED ON THIS PLAT IS(ARE) WITHHELD FROM DEDICATION FOR PUBLIC USE AS FAMILY WITHHELD STREET(S) (CLASS C-2 STREET(S)) PURSUANT TO CHAPTER 52 OF THE WASHINGTON COUNTY CODE. THE SIGNATORY(IES) FURTHER ACKNOWLEDGE AND AGREE AS FOLLOWS: 1. THE(SE) FAMILY WITHHELD STREET(S) WILL NOT BE MAINTAINED BY THE VIRGINIA DEPARTMENT OF TRANSPORTATION OR COUNTY. 2. THE(SE) FAMILY WITHHELD STREET(S) SHALL BE MAINTAINED BY THE LOT OWNER(S) SERVED BY SUCH STREET(S). 3. THE(SE) FAMILY WITHHELD STREET(S) IS(ARE) INELIGIBLE FOR INCORPORATION INTO THE STATE SYSTEM OF SECONDARY HIGHWAYS UNLESS THE(SE) STREET(S) IS(ARE) DEDICATED FOR PUBLIC USE AND BROUGHT INTO CONFORMANCE WITH APPLICABLE PUBLIC STREET STANDARDS AT NO COST TO THE COUNTY OR STATE AND THAT, UPON ANY REQUEST FOR INCORPORATION AS PUBLIC STREET(S), THE OWNERS OF THE ABUTTING LOTS SHALL, AT THEIR OWN EXPENSE, SATISFY ALL APPLICABLE REQUIREMENTS IMPOSED BY THE GOVERNMENTAL BODIES OR AGENCIES INVOLVED AND IN EFFECT AT THAT TIME. 4. UNTIL THE(SE) FAMILY WITHHELD STREET(S) IS(ARE) PUBLICLY DEDICATED AND INCORPORATED INTO THE STATE SYSTEM OF SECONDARY HIGHWAYS CERTAIN PUBLIC SERVICES MAY NOT BE AVAILABLE TO THE LOT(S) SERVED BY SUCH STREET(S). THE SIGNATORY(IES) SHALL CAUSE THIS STATEMENT IT BE SET OUT WITHIN THE DEED(S) TO THE LOT(S) SERVED BY THE(SE) CLASS C-2 STREET(S), AND GRANTORS OF ANY LOT(S) SERVED BY THE(SE) STREET(S) SHALL INCLUDE THIS STATEMENT ON EACH SUBSEQUENT DEED OF CONVEYANCE THEREOF.
Guidance for Use of Certificate: This Certificate is required on final plats depicting Class C-2 streets pursuant to Sec. 52-213 of the Subdivision Ordinance. All Class C-2 streets shall be clearly marked as such on the final plat.
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SUBDIVISION MANUAL APPENDIX B: MODEL CERTIFICATES AND DECLARATIONS
11. Model Class D (Vehicular Access Easement) Street Certificate:
CLASS D STREET CERTIFICATE THE SIGNATORY OWNER(S), PROPRIETOR(S), OR TRUSTEE(S) CERTIFY THE STREET(S) DEPICTED ON THIS PLAT IS(ARE) VEHICULAR ACCESS EASEMENT(S) (CLASS D STREET(S)) PURSUANT TO CHAPTER 52 OF THE WASHINGTON COUNTY CODE. THE SIGNATORY(IES) FURTHER ACKNOWLEDGE AND AGREE AS FOLLOWS: 1. THE(SE) VEHICULAR ACCESS EASEMENT(S) WILL NOT BE MAINTAINED BY THE VIRGINIA DEPARTMENT OF TRANSPORTATION OR COUNTY. 2. THE(SE) VEHICULAR ACCESS EASEMENT(S) SHALL BE MAINTAINED BY THE LOT OWNER(S) SERVED BY SUCH STREET(S). 3. THE(SE) VEHICULAR ACCESS EASEMENT(S) IS(ARE) INELIGIBLE FOR INCORPORATION INTO THE STATE SYSTEM OF SECONDARY HIGHWAYS UNLESS THE(SE) STREET(S) IS(ARE) DEDICATED FOR PUBLIC USE AND BROUGHT INTO CONFORMANCE WITH APPLICABLE PUBLIC STREET STANDARDS AT NO COST TO THE COUNTY OR STATE AND THAT, UPON ANY REQUEST FOR INCORPORATION AS PUBLIC STREET(S), THE OWNERS OF THE ABUTTING LOTS SHALL, AT THEIR OWN EXPENSE, SATISFY ALL APPLICABLE REQUIREMENTS IMPOSED BY THE GOVERNMENTAL BODIES OR AGENCIES INVOLVED AND IN EFFECT AT THAT TIME. 4. UNTIL THE(SE) VEHICULAR ACCESS EASEMENT(S) IS(ARE) PUBLICLY DEDICATED AND INCORPORATED INTO THE STATE SYSTEM OF SECONDARY HIGHWAYS CERTAIN PUBLIC SERVICES MAY NOT BE AVAILABLE TO THE LOT(S) SERVED BY SUCH STREET(S). THE SIGNATORY(IES) SHALL CAUSE THIS STATEMENT TO BE SET OUT WITHIN THE DEED(S) TO THE LOT(S) SERVED BY THE(SE) CLASS D STREET(S), AND GRANTOR(S) OF ANY LOT(S) SERVED BY THE(SE) STREET(S) SHALL INCLUDE THIS STATEMENT ON EACH SUBSEQUENT DEED OF CONVEYANCE THEREOF.
Guidance for Use of Certificate: This Certificate is recommended on final plats depicting Class D streets. All Class D streets shall be clearly marked as such on the final plat.
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SUBDIVISION MANUAL APPENDIX B: MODEL CERTIFICATES AND DECLARATIONS
12. Model Sanitary Sewer Certificate – Town of Abingdon:
SEWER SYSTEM CERTIFICATE APPROVED BY THE TOWN OF ABINGDON AS TO THE SANITARY SEWER SYSTEM. ADEQUATE CAPACITY FOR THE PROPOSED DEVELOPMENT CURRENTLY EXISTS. HOWEVER, FUTURE AVAILABILITY OF CONNECTIONS, WHETHER TREATMENT OR LINE CAPACITY RELATED, IS SUBJECT TO FEDERAL, STATE AND LOCAL REGULATIONS. THE __________ DAY OF _________________________, 20_____ SIGNED________________________________________________ TOWN MANAGER, TOWN OF ABINGDON, VA
Guidance for Use of Certificate: This Certificate is required on all final plats and preliminary plats of Major Subdivisions where sanitary sewer service is provided by the Town of Abingdon. Consultation with the Washington County Service Authority, Bristol Virginia Utilities, the Town of Damascus and the Town of Saltville is required to determine the form of this Certificate where sanitary sewer service is provided by those entities.
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SUBDIVISION MANUAL APPENDIX B: MODEL CERTIFICATES AND DECLARATIONS
13. Model Declaration of Plat Title:
PLAT OF [General Plat Type – either “Division” or “Subdivision”] OF THE [Name(s) of Owner(s), Proprietor(s), or Trustee(s) of Property Divided/Subdivided] PROPERTY BEING A [Specific Plat Type – “Two-Lot Division”, “Family Division”, “Two-Lot Subdivision”, “Family Subdivision”, “Major Subdivision”, or “Gated Residential Subdivision”] CONSISTING OF [Total Acreage] ACRES TOTAL PURSUANT TO CHAPTER 52 OF THE WASHINGTON COUNTY CODE [Insert formal or marketing name of Major Subdivision and Gated Residential Subdivision here] COUNTY TAX MAP [County Tax Map Number(s) of property(ies) being divided or subdivided] CURRENT ZONING [Zoning District(s) designation(s) of property(ies) being divided or subdivided]
Guidance for Use of Declaration: This Declaration is required on all final plats and on preliminary plats for Major Subdivisions. The above model declaration sets out the general plat type (whether the plat is a division or subdivision) and specific plat type (whether “Two-Lot Division”, “Family Division”, “Two-Lot Subdivision”, “Family Subdivision”, “Major Subdivision”, or “Gated Residential Subdivision” as defined by the Subdivision Ordinance). The property owner’s names, acreage being divided/subdivided, County Tax Map numbers for the individual properties involved with the division/subdivision, and current zoning of the properties depicted on the plat should also be provided. Additional information as may be required under Virginia law or customary may also be provided as part of the Plat Title declaration. Illustrative Example of Completed Model Plat Title Declaration for Two-Lot Division:
PLAT OF DIVISION OF THE JOHN H. AND SUSAN A. DOE PROPERTY
BEING A TWO-LOT DIVISION CONSISTING OF 37.4 ACRES TOTAL PURSUANT TO CHAPTER 52 OF THE WASHINGTON COUNTY CODE COUNTY TAX MAP 123-A-45 CURRENT ZONING A-2
(second example on following page)
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SUBDIVISION MANUAL APPENDIX B: MODEL CERTIFICATES AND DECLARATIONS
Illustrative Example of Completed Model Plat Title Declaration for Major Subdivision:
PLAT OF SUBDIVISION OF THE JOHN H. AND SUSAN A. DOE PROPERTY
BEING A MAJOR SUBDIVISION CONSISTING OF 141.7 ACRES TOTAL PURSUANT TO CHAPTER 52 OF THE WASHINGTON COUNTY CODE
MAPLE HILLS SUBDIVISION
COUNTY TAX MAP 123-A-45 & 123-A-46 CURRENT ZONING R-2 & A-2
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SUBDIVISION MANUAL APPENDIX B: MODEL CERTIFICATES AND DECLARATIONS
14. Model Declaration of Phased Development:
DECLARATION OF PHASED DEVELOPMENT THE SUBDIVISION DEPICTED ON THIS PLAT IS TO BE COMPLETED IN MULTIPLE PHASES. UPON COMPLETION OF ALL PHASES THERE WILL BE [Total number of] LOTS IN EXISTENCE. THE PHASES OF DEVELOPMENT SHALL PROCEED AS INDICATED ON THIS PLAT.
Guidance for Use of Declaration: This Declaration is required on both preliminary and final plats in instances where the development of the subdivision is to be undertaken in two or more phases over a period of up to 5 years after recordation of the final plat pursuant to Sec 52-222 of the Subdivision Ordinance. Each phase of the subdivision’s development shall be clearly indicated on the plat. The numeric order of each phase shall correspond to the order in which the subdivider intends to implement the phase. The subdivider may reserve the right to alter the order of phase implementation but must do so by adding a second line to the above Declaration, as follows:
THE OWNER(S), PROPRIETOR(S), OR TRUSTEE(S) HEREBY RESERVE THE RIGHT TO ALTER THE PHASES OF DEVELOPMENT AT THEIR DISCRETION.
The total number of lots cannot be increased once stated in this Declaration, regardless of the reservation of right to alter development phases, unless the subdivider specifically reserves the right of further division or subdivision of lots under a separate Declaration (see subsection 15 herein).
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SUBDIVISION MANUAL APPENDIX B: MODEL CERTIFICATES AND DECLARATIONS
15. Model Declaration of Right to Further Division or Subdivision:
DECLARATION OF RIGHT TO FURTHER DIVISION OR SUBDIVISION THE SIGNATORY OWNER(S), PROPRIETOR(S) OR TRUSTEE(S) HEREBY DECLARE THE FOLLOWING LOT(S) DEPICTED ON THIS PLAT MAY BE FURTHER DIVIDED INTO NOT MORE THAN TWO (2) SUBSEQUENT LOTS, SUBJECT TO COMPLIANCE WITH ALL APPLICABLE COUNTY AND STATE REQUIREMENTS: [Insert Lot Number(s) here]_________________________________________ THE SIGNATORY OWNER(S), PROPRIETOR(S) OR TRUSTEE(S) HEREBY DECLARE THE FOLLOWING LOT(S) DEPICTED ON THIS PLAT MAY BE FURTHER SUBDIVIDED INTO THREE (3) OR MORE SUBSEQUENT LOTS, SUBJECT TO COMPLIANCE WITH ALL APPLICABLE COUNTY AND STATE REQUIREMENTS: [Insert Lot Number(s) here]_________________________________________ THIS RIGHT TO FURTHER DIVISION AND/OR SUBDIVISION OF THE ABOVE SPECIFIED LOTS IS SUBJECT TO THE FOLLOWING PERMISSIONS, CONDITIONS, AND/OR RESTRICTIONS: [Insert Permissions, Conditions, and/or Restrictions here – enumerate each separately and clearly specify intent]_______________________________________
Guidance for Use of Declaration: This Declaration is required on preliminary and final plats of Minor and Major Subdivisions in order for further divisions or subdivisions of lots to be permitted after recordation pursuant to Sec. 52-136 of the Subdivision Ordinance. Specific permissions, conditions and/or restrictions regarding the right to further divide or subdivide lots must be individually set out and clearly expressed. Consultation with the Subdivision Agent is recommended prior to establishing permissions, conditions and/or restrictions.
Washington County Department of Planning Administrative Policies and Procedures Page 18 of 20 _________________________________________________________________________________________________________________________
SUBDIVISION MANUAL APPENDIX B: MODEL CERTIFICATES AND DECLARATIONS
16. Model Declaration of Property Owner’s Association:
DECLARATION OF PROPERTY OWNER’S ASSOCIATION THE PURCHASE OF A LOT SHOWN ON THIS SUBDIVISION PLAT SHALL REQUIRE MEMBERSHIP IN A PROPERTY OWNERS ASSOCIATION, WHICH NECESSITATES PAYMENT OF AN ANNUAL MEMBERSHIP FEE. THE ARTICLES OF INCORPORATION AND BYLAWS OF THE ASSOCIATION AS WELL AS ANY SUBDIVISION COVENANTS ARE RECORDED IN THE LAND RECORDS OF THE CLERK OF CIRCUIT COURT OF THE COUNTY.
Guidance for Use of Declaration: This Declaration is required on preliminary and final plats of Minor and Major Subdivisions where there will be elements of common ownership (i.e., private streets and stormwater detention facilities) pursuant to Sec. 52-226 of the Subdivision Ordinance. Subdividers shall refer to Secs. 52-225 and 52-226 for requirements and guidelines concerning the establishment of such associations.
Washington County Department of Planning Administrative Policies and Procedures Page 19 of 20 _________________________________________________________________________________________________________________________
SUBDIVISION MANUAL APPENDIX B: MODEL CERTIFICATES AND DECLARATIONS
17. Model Declaration of On-Site Sewage System Requirements:
DECLARATION OF ON-SITE SEWAGE SYSTEM REQUIREMENTS THE FOLLOWING LOT(S) DEPICTED ON THIS PLAT ARE PRELIMNARILY APPROVED FOR CONVENTIONAL SEPTIC TANK & DRAINFIELD SYSTEMS. PUMPING MAY BE REQUIRED: [Insert Lot Number(s) here]_________________________________________ THE FOLLOWING LOT(S) REQUIRE AN ALTERNATIVE ON-SITE SEWAGE SYSTEM AND RESERVE ARE REQUIRING DESIGN PLANS BY AN AOSE/PE: [Insert Lot Number(s) here]_________________________________________ THE FOLLOWING LOT(S) REQUIRE AN ALTERNATIVE ON-SITE SEWAGE SYSTEM DESIGN FOR THE RESERVE AREA SHOULD REPAIR OF THE CONVENTIONAL DRAINFIELD BE REQUIRED: [Insert Lot Number(s) here]_________________________________________
Guidance for Use of Declaration: This Declaration is strongly recommended by the Virginia Department of Health (VDH) on final plats of Major Subdivisions where lots will be provided sewage disposal via on-site systems. Please consult with the VDH Environmental Health Manager (Washington County Health Department) for further guidance as to the completion of this declaration.
Washington County Department of Planning Administrative Policies and Procedures Page 20 of 20 _________________________________________________________________________________________________________________________
SUBDIVISION MANUAL APPENDIX B: MODEL CERTIFICATES AND DECLARATIONS
18. Model Declaration concerning Septic Drainfields:
ON-SITE SEWAGE SYSTEM DRAINFIELDS SEPTIC SYSTEM DRAINFIELDS ARE DEPICTED ON THIS PLAT FOR PLANNING PURPOSES AND MAY NOT REFLECT ACTUAL FIELD LOCATION.
Guidance for Use of Declaration: This Declaration is required on all final plats where lots will be provided sewage disposal via on-site systems where the location of system drainfields are graphically depicted on the plat.