County addresses Land Division Ordinance misconceptions

The Floyd County Board of Supervisors and County Planning Commission will hold a public hearing regarding the proposed Land Division Ordinance on Tuesday, Aug. 26, at 6 p.m., at the Floyd County Administrative Building (202 E. Main St.). 

Key features of the proposed ordinance, as stated in the “Comparison of Current Subdivision Ordinance and Proposed Land Division Ordinance,” which is available to the public through the county’s website, include the following: 

• Health department approval will no longer be required for plat approval, but it will still be required before a building permit is issued
• A survey of a residual parcel, which is the land left over after division, will no longer be required in most cases
• Easements will be allowed for private, individual water and private, individual wastewater systems 
• Rather than having to be deeper than wide, new lots will have to meet a minimum depth
• Plats for Divisions 1.) on existing public roads, 2.) served by private centralized water or 3.)  served by private individual water systems are limited to 10 new lots, including the residual lot. Additional divisions can be made later.
• Limiting the number of lots on a Private Division Road to 10 lots for each Private Division Road that has a connection to a state-maintained road
• A new public road, created after this ordinance, cannot directly serve more than 10 new lots, including the residual lot
• Townhouse Divisions will be allowed on a private centralized water system
• The Designated Agent (Karla Turman) will review and approve all plats
• The Planning Commission will no longer review plats, but will review the Comprehensive Plan, Conservation Easements and Requests for Exceptions

County officials provided some common misconceptions and clarifications about the proposed ordinance this week.

While the current ordinance allows an “unlimited number of new one-acre parcels to front on a new state-maintained road,” the proposed ordinance would require parcels to be at least two acres and a maximum of 10 lots on a new state level road.

The number of lots allowed on a Private Division Road connected to a state-maintained road would also be limited to 10 lots under the proposed ordinance.

Karla Turman, who is the county’s Planner and Designated Agent for the Land Division Ordinance, said that property on Long Level Road has been questioned in regard to lot size and the placement of homes to “fit” an additional house on the lot. 

“The lots in question, which range from 1.04 acres to 1.56 acres, were created via plats that were approved in 1993,” Turman said. “The lots were created under the 1991 Subdivision Ordinance, which allowed a minimum lot size of one acre. Except for a minimum setback line requirement, neither the current Subdivision Ordinance nor the proposed new Land Division Ordinance control structure placement on a lot.” 

Another misconception, Turman said, is that the minimum lot size has decreased. 

“The county currently does not have, nor has it proposed a five-acre minimum lot size or a two-and-a-half-acre minimum lot size,” she said. 

Additionally, there are conditions that must be met if lots will be divided into less than one acre, such as access to private centralized water and/or public wastewater. The Comparison of Current Subdivision Ordinance and Proposed Land Division Ordinance provided by the county includes this table: 

There are also a number of technical language changes from the current Subdivision Ordinance to the proposed Land Division Ordinance, such as “Agricultural Subdivision” to “Large Lot Division,” and “Lot Subdivision” and “Standard Subdivision” to “Standard Division.” 

Definitions and key differences between the two ordinances are provided for each division type in the Comparison document, starting on Page 8.

Instead of using “Agricultural,” “which gives the impression that land can only be used for agricultural purposes,” the Comparison states, it is proposed that the new ordinance state:

“Large Lot — This better describes the type of division being done. Twenty-five-plus acres is not always used for farming.”

The proposed ordinance suggests seven units per acre of the master tract for a Townhouse Division, which is a decrease from the 12 units allowed under the current ordinance. 

It is also proposed that if a townhouse lot has public road frontage, “parking must be to the rear of the townhouses, on individual lots or in a common parking area,” and vehicle and pedestrian access to a public road must be provided via a private division road. 

“Special Lots” is proposed to replace “Cemetery, Public Utility and Industrial” subdivisions. These include public or private utilities, publicly owned or operated facilities, publicly owned or operated parks (including business parks), historical markers, cemeteries, and others. 

“No Special Lot shall be used for dwelling or camping purposes,” the proposed ordinance states, and they must have a road frontage of either 20 or 50 feet, depending on use.

Changes proposed regarding Family Divisions include defining “Immediate Family Member” to include the “child, stepchild, parent, spouse, sibling, grandchild, grandparent, aunt, uncle, niece or nephew of an owner/trust beneficiary.”

Learn more about the proposed Land Division Ordinance and stay up-to-date about meetings regarding changes by visiting www.floydcova.gov and attending/viewing regular Board of Supervisors meetings.