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2010 SESSION
Be it enacted by the General Assembly of Virginia:
1. That § 15.2-2244 of the Code of Virginia is amended and reenacted as follows:
§ 15.2-2244. Provisions for subdivision of a lot for conveyance to a family member.
A. In any county a subdivision ordinance shall provide for
reasonable provisions permitting a single division of a lot or parcel for the purpose
of sale or gift to a member of the immediate family of the property owner, including
the family member's spouse, subject only to any express requirement
contained in the Code of Virginia and to any requirement imposed by the local
governing body that all lots of less than five acres have reasonable
right-of-way of not less than ten 10 feet or more than twenty
20 feet providing ingress and egress to a dedicated recorded public street
or thoroughfare. Only one such division shall be allowed per family member, and
shall not be for the purpose of circumventing this section. For the purpose of
this subsection, a member of the immediate family is defined as any person who
is a natural or legally defined offspring, stepchild, spouse, sibling,
grandchild, grandparent, or parent of the owner. In addition, any such locality
may include aunts, uncles, nieces and nephews in its definition of immediate
family.
B. Notwithstanding subsection A of this section, in a
county having the urban county executive form of government, a subdivision
ordinance shall provide for reasonable provisions permitting a single division
of a lot or parcel for the purpose of sale or gift to a member of the immediate
family of the property owner, subject only to any express requirement contained
in the Code of Virginia and to any requirement imposed by the local governing
body that all lots of less than five acres have frontage of not less than ten
10 feet or more than twenty 20 feet on a dedicated
recorded public street or thoroughfare. Only one such division shall be allowed
per family member, and the division shall not be for the purpose of
circumventing a local subdivision ordinance. For the purpose of this
subsection, a member of the immediate family is defined as any person who is a
natural or legally defined offspring or parent of the owner.
C. Notwithstanding subsections A and B of this section,
a subdivision ordinance may include reasonable provisions permitting divisions
of lots or parcels for the purpose of sale or gift to a member of the immediate
family of the property owner in (i) any county or city which has had population
growth of ten 10 percent or more from the next-to-latest to
latest decennial census year, based on population reported by the United States
Bureau of the Census; (ii) any city or county adjoining such city or county;
(iii) any towns located within such county; and (iv) any county contiguous with
at least three such counties, and any town located in that county. Such
divisions shall be subject to all requirements of the Code of Virginia and to
any requirements imposed by the local governing body.