A little noticed Virginia law, that took effect July 1, has effectively sidelined the Rappahannock County Planning Commission and the Board of Supervisors from reviewing and voting on applications affecting property subdivisions.
More than that, the law eliminates public hearings which provide members of the public the opportunity to formally comment on subdivision applications. Localities with a population of 5,000 or less are exempt from the new law. Rappahannock’s population is around 7,400.
At its Tuesday meeting, the Planning Commission discussed changes to the county’s subdivision ordinance to conform to these new requirements.
County Administrator Garrey Curry explained the new law would now give the review and approval authority to a designated agent who would determine if an application met subdivision and zoning criteria. Rappahannock Zoning Administrator Michelle Somers is expected to serve as the designated agent.
“If the objective requirements are met to subdivide a piece property — things like minimum acreage, density, right of ways — if a plat comes in and meets those things, then it must be approved,” he said.
Curry wrote in an email to the Rappahannock News on Wednesday that the new law “does not change any of the local requirements that regulate how parcels must be situated (size, orientation, access, etc.).
“Our current subdivision ordinance already authorizes our subdivision agent (Michelle Somers, also the Zoning Administrator) to approve subdivisions with three or fewer parcels,” Curry wrote. “The new law essentially expands that existing authority to subdivisions of all numbers of parcels.”
Curry observed that developers, primarily in Northern Virginia, have complained about difficulties in getting housing projects approved and went to the General Assembly to seek legislation expanding the application process.
During the public comment period, Sperryville resident Diane Bruce expressed concern over the changes. “We are a county with one (zoning) employee,” she said. “Suppose we had a thing like Clevengers Corner? How is she going to manage something like that?”
Bruce said the population exemption should have been changed from 5,000 to 10,000 which would have allowed Rappahannock to keep its current review and approval process.
With public hearings on subdivision applications no longer required, Commission Chair and Piedmont Supervisor Christine Smith expressed concern that the public may not receive notifications of subdivision applications. Curry suggested posting signs in areas where neighbors may be affected and posting information on a website.
“The public has always had a big influence on our decision-making process on subdivision applications,” said Board of Zoning Appeals Commissioner Steph Ridder. “Since the Planning Commission is no longer involved, and because there will not be hearings, I am concerned the public is going to be left out of the decision process.”
