ORDINANCE NO. 05-14(  )

 

AN ORDINANCE TO AMEND CHAPTER 14, SUBDIVISION OF LAND, OF THE CODE OF THE COUNTY OF ALBEMARLE, VIRGINIA

 

BE IT ORDAINED By the Board of Supervisors of the County of Albemarle, Virginia, that Chapter 14, Subdivision of Land, are hereby amended and reordained as follows:

 

By Amending and Renaming:

 

Sec. 14-101                             Purposes.

Sec. 14-102                             Applicability.

Sec. 14-103                             Acts prohibited without complying with chapter.

Sec. 14-104                             Relation of chapter to other laws and private contracts.

Sec. 14-105                             Rules of construction.

Sec. 14-106                             Definitions.

Sec. 14-107                             Procedure to amend chapter.

Sec. 14-108                             Filing of chapter.

Sec. 14-200                             Designation of agent; powers and duties.

Sec. 14-201                             Designation of commission; powers and duties.

Sec. 14-202                             Establishment of site review committee; powers and duties.

Sec. 14-203                             Fees.

Sec. 14-204                             Enforcement and penalties.

Sec. 14-205                             General.

Sec. 14-206                             Subdivisions other than rural subdivisions, family subdivisions and boundary line adjustments.

Sec. 14-207                             Rural subdivisions.

Sec. 14-208                             Family subdivisions.

Sec. 14-209                             Rural subdivisions; procedure.

Sec. 14-210                             Family subdivisions; procedure.

Sec. 14-211                             Family subdivisions; conditions precedent.

Sec. 14-212                             Family subdivisions; conditions of approval.

Sec. 14-213                             General.

Sec. 14-214                             Period in which to act on preliminary and final plat.

Sec. 14-215                             Preliminary application conference; master plans.

Sec. 14-216                             Submittal of preliminary plat.

Sec. 14-217                             Review of preliminary plat by site review committee.

Sec. 14-218                             Determining whether agent or commission reviews and approves acts on preliminary plat.

Sec. 14-219                             Review and action upon preliminary plat by agent.

Sec. 14-220                             Review and action upon preliminary plat by commission.

Sec. 14-221                             Submittal of final plat.

Sec. 14-222                             Review of final plat by site review committee.

Sec. 14-223                             Determining whether agent or commission reviews and approves acts on final plat.

Sec. 14-224                             Review and action upon final plat by agent.

Sec. 14-225                             Review and action upon final plat by commission.

Sec. 14-226                             Appeal of disapproval of preliminary or final plat; resubmittal.

Sec. 14-227                             Effect of approval of preliminary plat.

Sec. 14-228                             Period of validity of approved preliminary plat.

Sec. 14-229                             Period of validity of approved final plat.

Sec. 14-230                             Period of validity of approved plat for phased subdivision.

Sec. 14-231                             Extension of period of validity of approved preliminary or final plat.

Sec. 14-232                             Circumstances wWhen private roads streets in rural areas may be authorized.

Sec. 14-234                             Procedure for authorization to construct private road to authorize private street and related matters.

Sec. 14-235                             Effect of approval of request for authorization to construct private road street.

Sec. 14-300                             Persons authorized to prepare plat.

Sec. 14-301                             Form and style of preliminary and final plats.

Sec. 14-302                             Contents of preliminary plat.

Sec. 14-303                             Contents of final plat.

Sec. 14-305                             Stormwater management information.

Sec. 14-308                             Flood plain and topographic information.

Sec. 14-309                             Soil evaluations.

Sec. 14-310                             Preliminary opinion of health director Health director approval of iindividual private wells and/or septic systems.

Sec. 14-314                             Identification of all interests of the county in property.

 

By Amending, Renumbering (old section number first, followed by new section number) and Renaming:

 

Sec. 14-237     Sec. 14-225.1  Waiver, variation, or substitution of certain requirements by the commission.

Sec. 14-238     Sec. 14-231.1  Changes or revisions to preliminary or final plat.

Sec. 14-239     Sec. 14-208.1  Boundary line adjustments.

Sec. 14-239     Sec. 14-212.1  Boundary line adjustment; procedure.

Sec. 14-239     Sec. 14-212.3  Resubdivision without vacation of plat; procedure.

Sec. 14-240     Sec. 14-212.2  Vacation of plat or part thereof; relocation of boundary lines procedure.

Sec. 14-241     Sec. 14-236     Circumstances wWhen shared driveways and alleys may be authorized.

Sec. 14-313     Sec. 14-317     Instrument evidencing maintenance of certain improvements.

Sec. 14-401     Sec. 14-424     Contributions for Ooff-site improvements.

Sec. 14-402     Sec. 14-439     Improvements completed at expense of subdivider; exception.

Sec. 14-403     Sec. 14-440     County not obligated to maintain improvements.

Sec. 14-404     Sec. 14-426     Dedication of land for public use.

Sec. 14-405     Sec. 14-427     Reservation of land for public use.

Sec. 14-406     Sec. 14-428     Dedication of streets, alleys, curbs, gutters, sidewalks, stormwater management facilities, bicycle trails, pedestrian trails.

Sec. 14-408     Sec. 14-430     Dedication of water and sewerage systems.

Sec. 14-409     Sec. 14-431     Easements for stormwater management facilities and drainage control.

Sec. 14-410     Sec. 14-432     Easements for cable television and public services.

 

Sec. 14-411     Sec. 14-433     Effect of recordation of plat on dedications and certain easements.

Sec. 14-412     Sec. 14-434     Completion of on-site improvements required prior to plat approval.

Sec. 14-413     Sec. 14-435     Surety in lieu of completion of on-site improvements.

Sec. 14-414     Sec. 14-435.1  Surety for maintenance of streets until accepted into state system.

Sec. 14-415     Sec. 14-436     Release of surety.

Sec. 14-416     Sec. 14-437     Effect of acceptance or approval of improvements.

Sec. 14-417     Sec. 14-438     Inspections; right of entry.

Sec. 14-500     Sec. 14-400     General Minimum lot requirements.

Sec. 14-503     Sec. 14-402     Lot shape.

Sec. 14-504     Sec. 14-403     Lot location and frontage.

Sec. 14-505     Sec. 14-404     Lot location to allow Aaccess from lot onto street or shared driveway.

Sec. 14-506     Sec. 14-405     Side lot lines.

Sec. 14-507     Sec. 14-406     Remnants.

Sec. 14-508     Sec. 14-407     Block width.

Sec. 14-509     Sec. 14-408     Block orientation.

Sec. 14-510     Sec. 14-409     Coordination and extension of streets and roads.

Sec. 14-511     Sec. 14-411     Determining applicable sStandards for public streets only

Sec. 14-512     Sec. 14-410     Standards for all streets, private roads and alleys.

Sec. 14-513     Sec. 14-411     Standards for public streets only.

Sec. 14-514     Sec. 14-412     Standards for private streets only.  

Sec. 14-515     Sec. 14-413     Improvement of existing public streets.

Sec. 14-516     Sec. 14-414     Public water and sewerage systems.

Sec. 14-517     Sec. 14-415     Central water and sewerage systems.

Sec. 14-518     Sec. 14-416     Individual private wells and septic systems.

Sec. 14-520     Sec. 14-417     Stormwater management and drainage control facilities.

Sec. 14-521     Sec. 14-418     Fire protection.

Sec. 14-522     Sec. 14-419     Landscaping for double frontage lots.

Sec. 14-523     Sec. 14-420     Location of utilities above- and underground.

Sec. 14-524     Sec. 14-421     Monuments.

Sec. 14-525     Sec. 14-422     Sidewalks and pedestrian walkways planting strips.

Sec. 14-526     Sec. 14-423     Street signs.

 

By Adding:

 

Sec. 14-208.2                          Easement plats.

Sec. 14-212.4                          Easement plats; procedure.

Sec. 14-224.1                          Waiver of certain requirements by the agent.

Sec. 14-233                             When private streets in development areas may be authorized.

Sec. 14-304                             Request for critical slopes waiver.

Sec. 14-306                             Private streets information.

Sec. 14-311                             Infrastructure improvement plans, computations and documents.

Sec. 14-312                             Location of existing buildings.

Sec. 14-313                             Overlot grading plan.

Sec. 14-316                             Approval of entrance onto public streets.

 

Sec. 14-401                             Double frontage lots.

Sec. 14-429                             Reservation of land for streets, alleys, walkways, waterways or public areas shown on map.

 

By Repealing:

 

Sec. 14-233                             Matters which may be considered in conjunction with request for authorization to construct private roads.

Sec. 14-236                             Review of determination of consistency with comprehensive plan.

Sec. 14-304                             Drainage control information.

Sec. 14-306                             Sketch plans for utilities, bridges and culverts.

Sec. 14-307                             Statements of availability of services.

Sec. 14-311                             Approved erosion and sediment control plans or other evidence.

Sec. 14-312                             Previously approved plans and existing features and improvements.

Sec. 14-315                             Revised master phasing plan.

Sec. 14-400                             On-site improvements.

Sec. 14-407                             Reservation of land for future right-of-way.

Sec. 14-501                             Configuration of lots.

Sec. 14-502                             Lot size.

Sec. 14-511                             Determining applicable standards for public streets.

Sec. 14-519                             Drainage control.

 

Chapter 14

 

Subdivision of Land

 

Article I.  General Provisions

 

Sec. 14-100 Short title.

 

            This chapter shall be known and may be cited as the “Subdivision Ordinance of Albemarle County, Virginia” or as the “Subdivision Ordinance.”

 

(Ord. 98-A(1), 8-5-98)

 

            State law reference--Va. Code § 15.2-2240.

 

Sec. 14-101 Purposes.

 

            The purposes of this chapter are to:

 

            A.        Improve the public health, safety, convenience and welfare of the citizens of the county by assuring the orderly division of land and its development;

 

            B.         Provide residential areas with healthy surroundings for family life by assuring  that land is divided and developed in a manner that is harmonious with its surrounding lands;

 

 

            C.        Implement the comprehensive plan and the policies stated in section 1.4 of the zoning ordinance through the standards and procedures established herein;

 

            D.        Assure that the development of the county is consonant with efficient and economical use of public funds; and

 

            E.         Assure that all improvements required by this chapter will be designed, constructed and maintained so as not to become an undue burden on the community.; and

 

            F.         Establish standards for lot development that are specific to, and most appropriate for, the lands within the development and rural areas of the county.

 

(§ 18-1, 9-5-96, 8-28-74; § 18-14, 9-5-96, 4-13-88, 8-28-74, § 2; 1988 Code, § 18-14; Ord. 98-A(1), 7-15-98)

           

State law reference--Va. Code § 15.2-2240.

 

Sec. 14-102 Applicability.

 

This chapter shall apply to all subdivisions of land, either by subdivision, rural division or family division as provided herein, the vacation of plats or parts thereof, and the relocation of boundary lines. establishment of easements required by this chapter.  This chapter does not apply to divisions of land resulting from an order entered by a court of equity requiring that land be partitioned, or from the exercise of the power of eminent domain by any public agency.

 

(Ord. 98-A(1), 7-15-98)

 

            State law reference--Va. Code § 15.2-2240.

 

Sec. 14-103 Acts prohibited without complying with chapter.

 

            Unless this chapter and Article 6, Chapter 22 of Title 15.2 of the Code of Virginia are complied with:

 

            A.        A person shall not subdivide land by subdivision, rural division or family division, vacate a plat, or establish an easement required by this chapter.

 

            B.         A Neither a subdivision plat, an easement plat, nor a plat or other document vacating a plat shall not be recorded unless and until it has been signed by the agent and it is valid at the time of recordation.  If a portion of the property lies in another county or municipality locality having a subdivision ordinance, no plat shall be recorded unless and until it has also been submitted to and approved by that county or municipality locality.

 

            C.        A person shall not sell or transfer any land of a subdivision division of land to which this chapter applies before a plat has been duly approved and recorded as provided in this chapter, unless the subdivision was lawfully created prior to the adoption of a subdivision ordinance applicable thereto.  However, the prohibited act stated in this paragraph does not prevent the recordation of the instrument by which the land is transferred or the passage of title as between the parties to the instrument.

 

            D.        The clerk of any court shall not file or record a subdivision plat, an easement plat, or a plat or other document vacating a plat of a division of land to which this chapter applies until the plat or document has been approved as provided in this chapter and it is valid at the time of recordation.

 

            E.         Nothing in this section chapter shall affect the power of a court of equity to order that property be partitioned.

 

(§ 18-3, 9-5-96, 8-28-74 (§ 10); § 18-11, 9-5-96, 8-28-74 (§ 2); § 18-41 (part), 9-5-96, 8-28-74, § 3; 1988 Code, §§ 18-3, 18-11, 18-41; Ord. 98-A(1), 7-15-98)

 

            State law reference--Va. Code § 15.2-2254.

 

Sec. 14-104 Relation of chapter to other laws and private contracts.

 

            The requirements of this chapter are:

 

            A.        Separate from, but supplementary to, all other applicable requirements of the Code.  Compliance with the requirements of this chapter shall not be deemed to be compliance with other applicable ordinances or regulations.

 

            B.         Separate from, but supplementary to, all other applicable requirements of state or federal law.  If the requirements of this chapter are in direct conflict with mandatory state or federal requirements, then the state or federal requirements shall apply.

 

            C.        Separate from the requirements, terms or conditions of any private easement, covenant, agreement or restriction.  Neither the county nor any of its officers, employees or agents shall have any duty to enforce a private easement, covenant, agreement or restriction.  When an applicable requirement of this chapter is more restrictive than a similar applicable requirement of a private easement, covenant, agreement or restriction, the requirements of this chapter shall apply.

 

(9-5-96, 12-21-83; 4-6-77, 8-28-74; 1988 Code, 18-7; Ord. 98-A(1), 7-15-98)

 

                State law reference--Va. Code § 15.2-2240. 

 

Sec. 14-105 Rules of construction.

 

            This chapter protects paramount public interests and shall be liberally construed to effectuate its several purposes.  In addition to the rules of construction set forth in section 1-101 of the Code, the following rules of construction shall apply in to the construction of this chapter, unless the application would be contrary to the purposes of this chapter or the context clearly indicates otherwise:

 

 

 

            A.        All references to any statute, regulation, guideline, manual or standard shall be are to that statute, regulation, guideline, manual or standard as it exists on the date of adoption of this chapter, and includes any amendment thereafter or reissue in a subsequent edition.

 

            B.         All references to “days” shall be to calendar days The word “days” means calendar days.

 

            C.        All distances and areas refer to measurement shall be measured in a horizontal plane.

 

            D.        The word “current” shall mean means the point in time at which a matter is under consideration and shall not mean the date of the adoption of this chapter.

 

            E.         The word “street,” when not preceded by either “public” or “private,” means either a public street or a private street.

 

            F.         All references to “waivers” include waivers, modifications, substitutions and variations, as may be applicable.

 

(9-5-96, 4-13-88, 2-4-81, 3-29-78, 12-15-76, 4-21-76, 8-28-74; 1988 Code, § 18-2 (part); Ord. 98-A(1), 7-15-98)

 

Sec. 14-106 Definitions.

 

            The following definitions shall apply in the interpretation and enforcement of this

chapter:

 

            (1) Agent.  The term “agent” means the director of planning and community development zoning and current development within the department of community development.

 

(2)  Alley.  The term “alley” means a form of vehicular travelway providing access to the rear and/or side lot line of abutting properties which front along public streets or private roads

streets.  An alley is privately owned and maintained, is intended to be used primarily by the owners and occupants of the abutting properties and persons and vehicles providing services to those properties, including emergency services vehicles, and is not intended for through traffic.  An alley is not a “private road street.”

 

Amenity.  The term “amenity” means an area of activity designed principally for, and accessible to, persons residing or working within a subdivision.  Areas of activity may be either indoors or outdoors, including but not limited to swimming pools and tennis, volleyball and basketball courts.  An outdoor area of activity may be a passive or an active area, including but not limited to playgrounds, pedestrian paths through natural areas, courtyards, and paved pedestrian areas for gathering.  An indoor area of activity includes, but is not limited to, gyms, weight rooms, indoor swimming pools, indoor basketball courts, and other indoor recreational areas.  Amenities may be located in required green space and be included in both required green space and amenity calculations.

 

            (3)  Architect.  The term “architect” means a person licensed to practice as an architect in the Commonwealth of Virginia.

 

            State law reference--Va. Code § 54.1-400.

 

Attached housing development.  The term “attached housing development” means a development in which two or more dwelling units are proposed to adjoin along common lot lines.

 

Boundary line adjustment.  The term “boundary line adjustment” means a type of subdivision in which one or more lot lines are relocated or altered so that the land exchanged is added to and becomes part of an existing lot.

 

Building.  The term “building” means any structure having a roof supported by columns or walls.

 

(4)  Central sewerage system.  The term “central sewerage system” means a sewerage system consisting of pipelines or conduits, pumping stations, force mains or sewage treatment plants, including but not limited to septic tanks and/or conventional drain fields or any of them, designed to serve three or more connections used for conducting or treating sewage, which is required to be approved by the board of supervisors pursuant to Article 4, Chapter 21 of Title 15.2 of the Code of Virginia.

 

                State law reference--Va. Code § 15.2-2126.

 

            (5)  Central water system.  The term “central water system” means a water supply system consisting of a well, springs or other source and the necessary pipes, conduits, mains, pumping stations and other facilities in connection therewith, to serve or to be capable of serving three or more connections, which is required to be approved by the board of supervisors pursuant to Article 6, Chapter 21 of Title 15.2 of the Code of Virginia.

 

            State law reference--Va. Code § 15.2-2149.

 

            (6)  Certified landscape architect.  The term “certified landscape architect” means a person licensed to practice as a certified landscape architect in the Commonwealth of Virginia.

 

            State law reference--Va. Code § 54.1-400.

 

            (7)  Commission.  The term “commission” means the Albemarle County planning commission.

 

            Common area.  The term “common area” means an area shown on a plat that is not a platted lot for sale but is either owned, or will be owned, in common by the lot owners within the subdivision or, if it is not owned in common, it is available for the common use of the lot owners within the subdivision.

 

            Control point.  A known latitude/longitude (or X/Y) geographic location obtained in the field using either a global positioning system or other location-determining equipment, acquired in a manner that will yield an X,Y position that can be demonstrated to have submeter accuracy,

 

and whose position coordinates are expressed relative to the North American Datum of 1983 (NAD 83).

 

            (8)  County attorney.  The term “county attorney” means the Albemarle County attorney or his designee.

 

            (9)  County engineer.  The term “county engineer” means the Albemarle County director of engineering and public works or his designee county engineer within the department of community development or his designee.

 

            (10)  Cul-de-sac.  The term “cul-de-sac” means a vehicular turnaround area at the end of a dead end street provided for the purpose of safe and convenient reverse of traffic in one

continuous forward movement.

 

(11)  Development.  The term “development” means any action of a subdivider which is subject to this chapter.

 

            Development areas.  The term “development areas” means those parts of the county designated as a development area on the Albemarle County comprehensive plan map adopted by the board of supervisors.

 

            (12)  Drainage control.  The term “drainage control” means the removal of runoff from the property, including any improvement thereon, through water collection systems,

conveyances, other related facilities and non-structural measures, in order to prevent flooding or standing water , collection or conveyance of runoff from or on the property through structural facilities or other measures

 

            (12.1)  Driveway.  The term “driveway” means a form of vehicular access from a public street, private road street or alley to the interior of a lot.

 

            (13)  Dwelling unit.  The term “dwelling unit” means a single unit providing complete, independent living facilities for one (1) or more persons, and which has permanent provisions for living, sleeping, eating, cooking and sanitation.

 

            (14)  Easement.  The term “easement” means a reservation or grant by a property owner of the use of land for a specific purpose or purposes, other than a license revocable by the unilateral act of the grantor.

           

Easement plat.  The term “easement plat” means the schematic representation of an easement subject to review and approval by the county under this chapter, which includes a statement of the specific purpose for which the easement is established.

 

(15)  Family subdivision.  The term “family subdivision” means the single division of property for the purpose of sale or gift to a member of the immediate family of the owner of the property.

 

(15.1)  Frontage. The term “frontage” means the continuous uninterrupted distance along which a parcel abuts an adjacent street.

           

(16)  Health director.  The term “health director” means the health director of the Thomas Jefferson Health District or his designee.

 

            (17)  Highway engineer.  The term “highway engineer” means the resident highway engineer of the county employed by the Virginia Department of Transportation.

 

            (18)  Improvement.  The term “improvement” means all public utilities and facilities required by this chapter, including, but not limited to, streets, roads, cul-de-sacs turnarounds, traffic signalization and controls, sanitary sewers, stormwater management and erosion control facilities, drainage control facilities, water systems, and curbs, curbs and gutters, and sidewalks, regardless of whether such utilities and facilities are publicly or privately owned and/or maintained.

 

            (19)  Jog-street.  The term “jog-street” means an offset intersection of two streets resulting in a jog less than two hundred and fifty (250) feet from between the two intersecting streets.

 

            K value.  The term “K value” means the coefficient by which the algebraic difference in grade may be multiplied to determine the length in feet of the vertical curve.

 

            (20)  Land surveyor.  The term “land surveyor” means any person licensed to practice as such in the Commonwealth of Virginia.

 

            State law reference--Va. Code § 54.1-400.

 

(21)  Lot.  The term “lot” means a lawfully created separate unit, division or piece of land shown on a plat of record or described by metes and bounds or other legal description.  The word lot is synonymous with the words tract, parcel, and plot. , and is synonymous with the words “tract”, “parcel” and “plot”.

 

(22)  Lot, corner.  The term “corner lot” means a lot abutting on two (2) or more streets at their intersection.

 

(23)  Lot, depth of.  The term “depth of lot” means the mean horizontal distance between the front and rear lot line.

 

            (24)  Lot, double frontage.  The term “double frontage lot” means an interior lot having frontage on two streets or frontage on one street and less than twenty (20) feet of common area between the rear of the lot and the second street, and having a depth of less than three hundred fifty (350) feet.

 

            (25)  Lot, interior.  The term “interior lot” means a lot other than a corner lot.

 

            (26)  Lot of record.  The term “lot of record” means a lot shown on a plat  which has been  recorded among the land records in the office of the clerk of the circuit court of the county.

 

            (27)  Lot, width of.  The term “width of lot” means the mean horizontal distance between the side lot lines.

 

            (28)  Member of the immediate family.  The term “member of the immediate family” means the natural or legally defined off-spring, grandchild, grandparent, or parent of the owner of property.

 

            (29)  Natural stream.  The term “natural stream” means a nontidal waterway that is part of the natural topography, which typically will maintain a continuous, seasonal or intermittent

flow during the year, and which is characterized as being irregular in cross-section with a meandering course.  A constructed channel such as a drainage ditch or swale is not a natural stream.

 

Non-building lot:  A lot intended for the following uses: wells, septic systems (including conventional drain fields), stormwater management facilities, open space, common area, or pre-existing cemetery, but which does not contain a building site, and need not have a development right assigned.

 

            Open space.  The term “open space” means an area containing water or land or a combination thereof that is unoccupied by building lots or streets, and which may be vegetated, developed with amenities or utilities, or left in an undisturbed state. 

 

(30)  Person.  The term “person” means a natural person, corporation, partnership, sole proprietorship, trust, trustee, joint venture, or any other entity.

           

(31)  Phased subdivision.  The term “phased subdivision” means a subdivision for which a preliminary plat is approved for the entire property and for which a master phasing plan was submitted with the preliminary plat, and for which two or more final plats, individually pertaining to less than the entire property, are submitted sequentially for review and approval.

 

            Planting strip.  The term “planting strip” means the required area between a street and the sidewalk where street trees or the landscaping equivalent are located.

 

            (32)  Plat.  The term “plat” means a schematic representation of land divided or to be divided.

 

            State law reference--Va. Code § 15.2-2201.

 

            (33)  Plat, final.  The term “final plat” means a plat upon which the plan for a subdivision is presented for approval pursuant to this chapter, whether preceded by an approved preliminary plat or not, and which is in final form for recording. 

 

(34)  Plat, preliminary.  The term “preliminary plat” means a plat upon which the plan for a subdivision is presented for approval as a preliminary plat pursuant to this chapter, and which is not in final form for recording.

 

            (35)  Private road.  The term “private road means any road, street, or other way or means of vehicular access to a lot is not maintained by the Virginia Department of Transportation, regardless of ownership, approved as a “private road” pursuant to sections 14-232 through 14-

235 or any prior ordinance regulating the subdivision of land.  Any road identified on a recorded plat as a restricted road, access road or other designation which was not approved by the county as a private road pursuant to this chapter or any prior ordinance of the county regulating the subdivision of land is not a private road as defined herein. 

 

            (36)  Professional engineer.  The term “professional engineer” means a person licensed to practice as a professional engineer in the Commonwealth of Virginia.

 

            State law reference--Va. Code § 54.1-400.

 

            Program authority.  The term “program authority” means the department of community development.  Except where the context clearly indicates otherwise, the term “program authority” includes any officer or employee of the department of community development authorized by the county engineer to act pursuant to the water protection ordinance of Albemarle County, Virginia, as codified in chapter 17 of the Code.

 

            (37)  Property.  The term “property” means one or more lots, plots, parcels or tracts collected together for the purpose of dividing or subdividing.

 

            (38)  Public sewerage system.  The term “public sewerage system” means any sewerage system consisting of pipelines or conduits, pumping stations, force mains or sewerage treatment plants, or any of them, operated by, for, or under the authority of the Albemarle County Service Authority or the Rivanna Water and Sewer Authority.

 

            (39)  Public water system.  The term “public water system” means a water supply system consisting of a well, springs or other source and the necessary pipes, conduits, mains, pumping stations and other facilities in connection therewith, operated by, for, or under the authority of the Albemarle County Service Authority or the Rivanna Water and Sewer Authority. 

 

            (40)  Remnant.  The term “remnant” means any tract, lot, parcel or several of the same, other than that specified for lot, other than one established as a non-building lot open space, or  well lot or lot for public utilities, which does not meet the minimum lot requirements of this chapter and the zoning ordinance.

 

            Resubdivision.  The term “resubdivision” means the division of land by subdivision, where the land being subdivided is the subject of a previously approved and recorded subdivision plat.

 

            (41)  Runoff.  The term “runoff” means the portion of precipitation which is not immediately absorbed or infiltrated into the ground and which is discharged across the land surface or through conveyances to one or more waterways.

 

            (42)  Rural division.  The term “rural division” means either:

 

            (a)        The division, including redivision, of property, or the establishment of any condominium regime, which is not located in a development area designated in the land use plan element of the comprehensive plan, which results in two or more lots for the purpose of transfer of ownership or building development, such that:

 

                                    (i)         Each lot created is at least five acres in area; and

 

                                    (ii)        Each lot created has at least two hundred fifty (250) feet of frontage on a public street which is part of the primary system or secondary system of state highways; or

 

                        (b)        The sale and/or exchange of land, including the relocation or other alteration of a boundary line, between the owners of abutting lots, provided that:

 

                                    (i)         The land so sold and/or exchanged is added to and becomes part of an existing abutting lot as evidenced by appropriate symbols and wording on the plat, together with signatures of all owners pursuant to section 14-303(O) and by the instrument of conveyance thereof;

 

                                    (ii)        As a result of the sale and/or exchange, no lot which was five acres or greater in area prior to the sale and/or exchange is less than five acres in area;

 

                                    (iii)       As a result of the sale and/or exchange, no lot has less than two hundred fifty (250) feet of frontage on a public street which is part of the primary system or secondary system of state highways; and

 

                                    (iv)       No additional lot is created by the sale and/or exchange.

 

            Rural areas.  The term “rural areas” means those parts of the county designated as a rural area on the Albemarle County comprehensive plan map adopted by the board of supervisors.

   

(42)  Rural subdivision.  The term “rural subdivision” means a type of subdivision that is located in the rural areas which results in two or more lots for the purpose of transfer of ownership or building development, such that: (i) each lot created is at least five (5) acres in area; and (ii) each lot created has at least two hundred fifty (250) feet of frontage on an existing public street which is part of the primary system or secondary system of state highways.

 

            (43)  Service authority.   The term “service authority” means the Albemarle County Service Authority.

           

            (43.1) Shared driveway.  The term “shared driveway” means a form of vehicular access to only two lots which have frontage on a public street or an approved private road street and which are authorized pursuant to section 14-241 14-236

 

            Sidewalk.  The term “sidewalk” means a paved pedestrian way designed to meet Virginia Department of Transportation or county standards as provided in this chapter.

 

(44)  Site review committee.  The term “site review committee” means a committee established pursuant to section 14-202 and composed of representatives of the department of planning and community development, the department of engineering and public works, the division of fire safety department of fire and rescue, the department of building code enforcement and zoning services, the architectural review board, the service authority, the Virginia Department of Health, the Virginia Department of Transportation, and the United States Department of Agriculture Natural Resource Conservation Service.   

 

            (45)  Staff.  The term “staff” means employees of the department of planning and community development, the department of engineering and public works, the department of building code enforcement and zoning services, and of other county departments county

 

(46)  State waters.  The term “state waters” means all waters on the surface and under the ground, wholly or partially within or bordering the Commonwealth or within its jurisdiction.

 

            (47)  Stormwater management.  The term “stormwater management” means the control of runoff through facilities, non-structural measures and best management practices for the purposes of water quality protection pursuant to the water protection ordinance or its effects through structural or other measures.

 

(48)  Street.  The term “street” means a dedicated strip of land or right-of-way subject to vehicular or pedestrian traffic providing a means of access to property.

 

(49)  Street, arterialThe term “arterial street” means a highway utilized primarily as a supplement to, and as an extension of, the interstate highway system, defined in the Commonwealth Transportation Board standards as an arterial highway.

 

(50)  Street, collector.  The term “collector street” means a street that carries or is anticipated to carry a volume of through traffic exceeding four hundred (400) vehicles per day.

 

(51)  Street, interstate.  The term “interstate street” means a highway utilized to carry interstate traffic with a carrying capacity in excess of one thousand five hundred (1,500) vehicles per lane per hour.

 

(52)  Street, local.  The term “local street” means a street that carries or is anticipated to carry a volume of traffic less than four hundred (400) vehicles per day.

 

(53)  Street, major collector.  The term major collector street” means a street that carries or is anticipated to carry a volume of traffic exceeding three thousand (3,000) vehicles per day.

 

(54)  Street, major highway.  The term “major highway street” means any arterial street, major collector street or primary street or highway as defined in this section.

 

(55)  Street, primary.  The term “primary street” means a street or highway anticipated to carry a volume of traffic exceeding three thousand (3,000) vehicles per day, designed and maintained as a part of the primary system of state highways.

 

 

 

Street, private.  The term “private street” means any street or other way or means of vehicular access approved as a “private street” pursuant to sections 14-232 through 14-235 or as a “private road” under any prior ordinance regulating the subdivision of land, that is not designed, constructed, bonded or approved to be maintained by the Virginia Department of Transportation as part of the secondary system of state highways, regardless of ownership.  Any street identified on a recorded plat as a restricted road, access road or other designation which was not approved by the county as a private street or a private road as described herein is not a private street. 

 

            (56)  Street, public.  The term “public street” means a street which affords the principal means of access to abutting property, and is encompassed by a right-of-way dedicated to public

use and and approved to be maintained by the Virginia Department of Transportation as a part of the primary or secondary system of state highways.  Any requirement of this chapter that refers to an existing public street shall mean a public street maintained by the Virginia Department of Transportation.

 

            Street right-of-way.  The term “street right-of-way” means the total width of the strip of land dedicated or reserved for travel, including pavement, and which also includes, but is not limited to, curbs and gutters, shoulders, ditches, sidewalks, bicycle paths, planting strips and, where necessary, utility easements

 

(57)  Street, service drive.  The term “service drive street” means a public or private right-of-way, generally parallel with and contiguous to a major highway, primarily designed to

promote safety by eliminating pernicious ingress or egress to a major highway by providing safe and orderly points of access to the major highway.

 

(58)  Street width.  The term “street width” means the total width of the strip of land or right-of-way, dedicated or reserved for public travel including roadway, and which may include curb and gutter, sidewalks, bicycle paths, planting strips, and, where necessary, utility easement.

 

            (59)  Subdivide.  The term “subdivide” means the process of dividing land to establish a subdivision.

 

            (60)  Subdivider.  The term “subdivider” means one or more persons who own property to be subdivided, or to be divided by rural division or family division and his successors in interest.

 

(61)  Subdivision.  The term “subdivision” means the any division, including resubdivision, of property, including the establishment of any condominium regime, resulting in two or more lots for the purpose of transfer of ownership or building development, such that: of land, and includes resubdivisions, rural subdivisions, family subdivisions, and the establishment of a condominium regime.  For purposes of this chapter, a boundary line adjustment is also a “subdivision.”

 

                        (a)        Any one of the lots resulting from the division has less than two hundred fifty (250) feet of frontage on a public street which is part of the primary system or secondary system of state highways;

 

(b)        The property is within a designated rural area in the comprehensive plan, and any one of the lots resulting from the division is less than five acres in area;

 

(c)        The property is located within a designated development area in the land use element of the comprehensive plan and the division results in additional lots; or

 

(d)        The division will result in additional lots which and will have a private road as its means of access. 

 

References to a subdivision in this chapter include, in the appropriate context, a proposed subdivision. 

 

                State law reference--Va. Code § 15.2-2201.

 

            Submit.  The term “submit” means to pay the applicable required fee and to have an application or other required document marked by the County as “received.”

 

Survey.  The term “survey” means a graphic description of land showing existing conditions, improvements, and water features.

 

Turnaround.  The term “turnaround” means an area for vehicles to reverse movement at the end of a street.

 

(62)  Virginia Department of Transportation standards.  The term “Virginia Department of Transportation standards” means one or more applicable standards or requirements of the Virginia Department of Transportation pertaining to the design or construction of any public street and any improvement related thereto.  Virginia Department of Transportation standards

include, but are not limited to, those standards and requirements set forth in its Road Design Manual, Road and Bridge Standards Manual, and Subdivision Street Requirements Manual.

           

(63)  Water protection ordinance.  The term “water protection ordinance” means the water protection ordinance of Albemarle County, Virginia, as codified in chapter 17 of the Code.

 

X, Y position.  A two dimensional point representation of a latitude/longitude location.

 

(64)  Zoning ordinance.  The term “zoning ordinance” means the zoning ordinance of Albemarle County, Virginia, as codified in chapter 18 of the Code.

 

            Any term used in this chapter which is not defined in this section shall be given its common and ordinary meaning unless the term has been defined elsewhere in the Code or by statute, regulation or by the Virginia Supreme Court or the Virginia Court of Appeals, and the definition is applicable to the context in which the term is used.

 

(§ 18-2 (part) 9-5-96, 4-13-88, 7-9-86, 3-29-78, 12-15-76, 4-21-76; § 18-56, 9-5-96, 10-17-79, 8-28-74; 1988 Code, §§ 18-2, 18-56; Ord. 98-A(1), 7-15-98; Ord. 02-14(1), 2-6-02)

 

            State law reference--Va. Code § 15.2-2252.

 

 

Sec. 14-107 Procedure to amend chapter.

 

            This chapter may be amended in whole or in part by the board of supervisors, as follows:

 

            A.        The commission on its own initiative may, or at the request of the board of supervisors shall, prepare amendments to this chapter.

 

            B.         The commission shall make a recommendation for any amendment prior to approval by the board of supervisors.  If the commission fails to make a recommendation within

sixty (60) days of the date the amendment was referred to the commission, the board of supervisors may adopt the amendment without the recommendation of the commission.

 

            C.        Prior to adoption of an amendment of this chapter by the board of supervisors, a notice of intention shall be published and a public hearing shall be held in accordance with Virginia Code § 15.2-2204.

 

(9-5-96, 8-28-74 (§ 13); 1988 Code, § 18-5; Ord. 98-A(1), 7-15-98)

 

            State law reference--Va. Code § 15.2-2253.

 

Sec. 14-108 Filing of chapter.

 

            A certified copy of this chapter and all amendments hereto shall be filed in the office of the clerk to the board of supervisors, the department of planning and community development, and in the office of the clerk of the circuit court of the county.

 

 (Ord. 98-A(1), 7-15-98)

 

                State law reference--Va. Code § 15.2-2252.

 

Article II.  Administration and Procedure

 

Division 1.  Administration

 

Sec. 14-200 Designation of agent; powers and duties.

 

            The director of the department of planning and community development current development and zoning within the department of community development is hereby

designated as the agent of the board of supervisors for the purposes of administering and

enforcing this chapter.  The agent shall have the following powers and duties:

 

            A.        To administer and enforce this chapter and, in so doing, to make all determinations and findings and impose all requirements; except that the agent shall have no

authority to modify, vary or waive, nor accept substitution for, any requirement of this chapter unless expressly provided.

 

            B.         To approve all plats, unless the plat is referred to the commission.

C.        To interpret this chapter, and to request opinions or decisions, either verbal or written, from the site review committee, other departments of the county, from other officials and departments of the Commonwealth of Virginia, and from other qualified persons as may from time to time be retained.

 

D.        To consult with and advise the commission on matters contained in this chapter.

 

E.         To establish procedures to govern the administration of this chapter which are deemed by the agent to be necessary for its proper administration including, but not limited to,

delegating one or more duties set forth in this section.  The procedures shall be consistent with this chapter and Article 6, Chapter 22 of Title 15.2 of the Code of Virginia.

 

(9-5-96, 8-28-74 (§ 2); 1988 Code, § 18-10; Ord. 98-A(1), 7-15-98)

 

            State law reference--Va. Code §§ 15.2-2241(9), 15.2-2255, 15.2-2259.

 

Sec. 14-201 Designation of commission; powers and duties.

 

            The commission is hereby designated the approval body for any preliminary or final

subdivision plat when the plat is referred to the commission as provided in sections 14-220 and

14-225.  In addition, the commission shall have the following powers and duties in the administration of this chapter:

 

            A.        To initiate amendments to this chapter and to make recommendations on the amendments and on proposed amendments referred to it by the board of supervisors.

 

            B.         To approve modifications, variations, waivers and substitutions when those matters are referred to the commission as provided in this chapter.

 

            C.        To consult with and advise the agent on matters contained in this chapter.

 

(Ord. 98-A(1), 7-15-98)

 

                State law reference--Va. Code §§ 15.2-2241(9), 15.2-2255, 15.2-2259.

 

Sec. 14-202 Establishment of site review committee; powers and duties.

 

            A site review committee is hereby established, and it shall have the following duties:

 

            A.        To meet from time to time to review preliminary and final subdivision plats as provided in sections 14-217 and 14-222.

 

            B.         To transmit to the agent the requirements and recommendations it has identified relative to each preliminary plat, and to transmit to the agent its recommendations relative to each final plat.  

 

            C.        To propose rules for the conduct of its business to the agent, which shall be established and approved as administrative procedures under section 14-200(E).

 

 

(Ord. 98-A(1), 7-15-98)

 

            State law reference--Va. Code §§ 15.2-2241(9), 15.2-2255.

 

Sec. 14-203 Fees.

 

            Except as otherwise provided herein, each subdivider shall pay a fee upon submittal of a plat or other request provided herein, in an amount according to the schedule set forth below.  The fee shall be in the form of cash or a check payable to the "County of Albemarle."  Neither the County nor the School Board of Albemarle County shall be required to pay any fee required by this section if it is the applicant. 

 

Each subdivider shall pay a fee upon the submittal of a plat or other application, based on the schedule below; provided that neither the county nor the county school board shall be required to pay any fee if it is the applicant. The fee shall be in the form of cash or a check payable to the “County of Albemarle.”   

 

            A.        Preliminary plat for subdivision:  

 

                        1.         If subject to review by the commission:

                       

                                    (a)        1 to 9 lots: $720.00.

                                    (b)        10 to 19 lots: $1,100.00.

                                    (c)        20 or more lots: $1,330.00.

 

                        2.         If subject to review by the agent:

                                    (a)        Two-lot subdivision as described in section 14-232(B)(1)(2) or if all lots front on an existing public street: $95.00.                           

                                    (b)        1 to 9 lots: $360.00.

                                    (c)        10 to 19 lots: $550.00.

                                    (d)        20 or more lots: $670.00.

 

                        3.         Reinstatement of review: $65.00.

 

            4.         Each filing of a preliminary plat, whether or not a preliminary plat for the same property has been filed previously, shall be subject to the same requirements.

 

B.         Final plat for subdivision:

 

1.         If subject to review by the commission:

                                    (a)        1 to 9 lots: $720.00.

                                    (b)        10 to 19 lots: $1,100.00.

                                    (c)        20 or more lots: $1,330.00.

 

2.         If subject to review by the agent:

                                    (a)        Two-lot subdivision as described in section 14-232(B)(1)(2) or if all lots front on an existing public street: $95.00.                           

                                    (b)        1 to 9 lots: $360.00.

                                    (c)        10 to 19 lots: $550.00.

                                    (d)        20 or more lots: $670.00.

 

3.         Condominium plat: $100.00.

 

                        4.         Reinstatement of review: $65.00.

 

5.         In addition to the foregoing, if the subdivider is required to construct a public street or a private road street, he shall pay to the county a fee equal to the cost of the inspection of the construction of any such street or road.  These fees shall be paid prior to completion of all necessary inspections and shall be deemed a part of the cost of construction of the street or road for purposes of section 14-413(B) 14-435(B).

 

C.        Plat for rural subdivision, family subdivision, resubdivision, or boundary line adjustment: $95.00.

 

            D.        Plat for family division Easement plat: $95.00.

 

E.         Other matters subject to review:

 

1.         Waiver, variation or substitution of subdivision requirements after approval of preliminary plat:  $180.00.

 

2.         Relief from plat conditions imposed by commission prior to the date of adoption of this chapter: $180.00.

 

3.         Appeal of plat to board of supervisors: $240.00.

 

4.         Extension of plat approval: $45.00.

 

5.         Request to defer action on plat to an indefinite date: $75.00.

 

6 5.      Bonding inspection for plat: $60.00.

 

                        7 6.      Vacation of plat or part thereof: $170.00.

 

                        87.       Review of groundwater assessment information required by section 14-                                     308.1:

 

                                    (a)        Tier 2 assessment under section 17-402:  $250.00 plus $25.00 per lot.

 

                                    (b)        Tier 3 assessment under section 17-403: $400.00 plus $25.00 per lot.

                        (c)        Tier 4 assessment under section 17-404: $1,000.00.

 

(9-5-96, 12-11-91, 6-7-89, 4-17-85, 12-1-82, 12-14-77, 3-2-77, 11-10-76, 8-28-74 (§ 3); 1988 Code, § 18-43; Ord. 98-A(1), 7-15-98; Ord. 99-14(1), 6-16-99; Ord. 02-14(2), 7-3-02; Ord. 04-14(1), adopted 12-8-04, effective 2-8-05)

 

            State law reference--Va. Code § 15.2-2241(9).

 

Sec. 14-204 Enforcement and penalties.

 

            The A violation of any provision of this chapter shall be enforced as follows:

 

            A.        Any person, whether as principal, agent, employee or otherwise, who violates any provision of this chapter shall be subject to a fine of not more than five hundred dollars ($500.00) for each lot so divided or transferred or sold and shall be required to comply with all provisions of this chapter.  The description of the one or more lots by metes and bounds in the an instrument of transfer or other document used in the process of selling or transferring shall not exempt the transaction from the penalties or from the remedies herein provided.

 

            B.         The board of supervisors may institute any appropriate action or proceeding, at law or in equity, to prevent a violation or attempted violation, to restrain, correct, or abate a violation or attempted violation, or to prevent any act which would constitute a violation, of this chapter.

 

            C.        No permit shall be issued by any administrative officer of the county for the construction of any building, structure, or improvement requiring a permit upon any land for which an approval pursuant to this chapter is required, unless and until the person seeking the permit complies with the requirements of this chapter.

 

(9-5-96, 8-28-74 (§ 11); 1988 Code, § 18-9; Ord. 98-A(1), 7-15-98)

 

                State law reference--Va. Code § 15.2-2255.

 

Division 2. Provisions of Chapter Applicable to

Subdivisions and Other Divisions of Land Easement Plats

 

Sec. 14-205 General.

 

This chapter applies to all divisions of land which are subdivisions, rural

 divisions, or family divisions.  This chapter does not apply to divisions of land resulting from an order entered by a court of equity requiring that land be partitioned, or from the exercise of the power of eminent domain by any public agency division delineates the requirements of this chapter applicable to subdivision and easement plats.

 

(Ord. 98-A(1), 7-15-98)

 

                State law reference--Va. Code § 15.2-2240.

 

 

Sec. 14-206 Subdivisions other than rural subdivisions, family subdivisions and boundary line adjustments.

 

            The following sections of this chapter shall apply to each subdivision, when applicable:

 

            A.        General:  Sections 14-100 through 14-108.

 

            B.         Administration and procedure:  Sections 14-200 through 14-204, and 14-213 through 14-240, as applicable.

 

            C.        Plat requirements and documents to be submitted:  Sections 14-300 through 14-315, as applicable; provided that subdivisions that would result in nor more than two (2) lots within the Rural Areas (RA) or Village Residential (VR) zoning districts shall be subject to the procedures set forth in section 14-213(C).

 

D.        Minimum improvements:  Sections 14-400 through 14-417.

 

E.         Design requirements:  Sections 14-500 through 14-526.

 

The following sections of this chapter shall apply to each subdivision other than rural subdivisions, family subdivisions and boundary line adjustments:

 

            A.        Subdivisions that would result in two (2) or more lots in the development areas or three (3) or more lots in the rural areas.  For subdivisions that would result in two (2) or more lots in the development areas or three (3) or more lots in the rural areas, the following sections shall apply:

 

1.         General:  Sections 14-100 through 14-108.

 

                        2.         Administration and procedure:  Sections 14-200 through 14-204, and 14-213 through 14-236.

 

3.         Plat requirements and documents to be submitted:  Sections 14-300 through 14-317.

 

                        4.         On-site improvements and design:  Sections 14-400 through 14-440.

 

B.         Subdivisions that would result in two (2) lots in the rural areas.  For subdivisions that would result in two (2) lots in the rural areas, the following sections shall apply:

 

1.         General:  Sections 14-100 through 14-108.

 

                        2.         Administration and procedure:  Sections 14-200 through 14-204, and 14-213.

 

3.         Plat requirements and documents to be submitted:  Sections 14-300 through 14-317.

 

            4.         On-site improvements and design:  Sections 14-400 through 14-404, 14-412, 14-414 through 14-417, 14-421 and 14-424.

 

(Ord. 98-A(1), 7-15-98; Ord. 01-14(1), 5-9-01)

 

            State law reference--Va. Code § 15.2-2241(9).

 

Sec. 14-207 Rural subdivisions.

 

            The following sections of this chapter shall apply to each rural subdivision, when applicable:

 

            A.        General:  Sections 14-100 through 14-108.

 

            B.         Administration and procedure:  Sections 14-200 through 14-204 and sections 14-209, 14-226, 14-229 and 14-236.

 

            C.        Plat requirements and documents to be submitted:  Sections 14-300, 14-301, 14-302(B), (N), (O), (P) and (R) 14-302(A)(1),(3), (4), (5), (6), (7), (9), (10), (11), (14) and (15),  14-302(B)(1), (2), (4), (5), (6), (7), (8), (9) and (10),; and section 14-303(A), (B), (C), (D), (E), (F), (H), (I), (L), (M), (O) and (P); 14-304, 14-305(B), 14-308.1, 14-309, 14-310, 14-312, 14-314 and 14-316

 

            D.        Minimum improvements:  None. 

 

            E.         Design requirements:  Sections 14-501, 14-502 and, if the division is a boundary line relocation or other alteration which involves any existing lot of less than five (5) acres and the relocation or other alteration results in a substantial reduction in the area of such existing lot as determined by the agent, then also section 14-518. 

 

            D.        On-site improvements and design: Sections 14-400, 14-403, 14-406, 14-414, 14-416, 14-421, 14-426, 14-427, 14-433 and 14-438. 

 

(9-5-96, 7-9-86, 12-21-83, 2-4-81, 5-2-79, 11-13-74, 8-28-74; 1988 Code, § 18-13(b); Ord. 98-A(1), 7-15-98)

 

            State law reference--Va. Code § 15.2-2241(9).

 

Sec. 14-208 Family subdivisions.

 

            The following sections of this chapter shall apply to each family subdivision, when applicable:

 

            A.        General:  Sections 14-100 through 14-108.

 

B.         Administration and procedure:  Sections 14-200 through 14-204, 14-208, and sections 14-210, 14-211, through 14-212, 14-226, 14-229, 14-232(B) and 14-236.

 

C.        Plat requirements and documents to be submitted:  Sections 14-300, 14-301 14-302(B), (N), (O), (P), and (R) 14-302(A)(1), (3), (4), (5), (6), (7), (9), (10), (11), (13), (14) and (15), section 14-302(B)(1), (2), (4), (5), (6), (7), (8), (9) and (10), and section 14-303(A), (B), (C), (D), (E), (F), (H), (I), (L), (M), (N), (O), and (P), (Q) and (S), 14-304, 14-305(B), 14-308.1, 14-309, 14-310, 14-312, and 14-314.

 

            D.        Minimum improvements:  None.

 

E.         Design requirements:  Sections 14-501 and 14-502; if a private road will be constructed as authorized by section 14-232(B)(2), then also sections 14-512 and 14-514; if any part of the property within a proposed family division is within the jurisdictional area of the service authority, then also section 14-516, but if not, each lot, including a lot not required to connect to public sewer service pursuant to section 14-516, which is less than five (5) acres, shall comply with the requirements of section 14-518.

 

            D.        On-site improvements and design: Sections 14-400, 14-401, 14-402, 14-403; if a private street will be constructed as authorized by section 14-232(B)(1), then also sections 14-316, 14-406, 14-410(F) and 14-412(A)(4); if any part of the property within a proposed family subdivision is within the jurisdictional area of the service authority, then also section 14-414, but if not, each lot, including a lot not required to connect to public sewer service pursuant to section 14-414, which is less than five (5) acres, shall comply with the requirements of sections 14-416, 14-421 and 14-426 through 14-440.

 

(§ 18-57 (part), 9-5-96, 1-3-96, 4-13-88, 12-21-83, 10-17-79, 8-28-74; § 18-58 (part), 9-5-96, 8-28-74; 1988 Code, §§ 18-57, 18-58; Ord. 98-A(1), 7-15-98)

 

            State law reference--Va. Code §§ 15.2-2241(9), 15.2-2244(C).

 

Sec. 14-208.1  Boundary line adjustments.

 

The following sections shall apply to each boundary line adjustment, when applicable:

 

            A.        General: Sections 14-100 through 14-108.

 

B.         Administration and procedure:  Sections 14-200 through 14-204, 14-212.1, 14-224.1, 14-225.1, 14-226 and 14-229.

 

C.        Plat requirements and documents to be submitted:  Sections 14-300, 14-301, 14-302(A)(1), (2), (3), (4), (5), (6), (7), (9), (10), (11), (14) and (15), 14-302(B)(1), (2), (4), (5), (6), (7), (9) and (10), 14-303(A), (B), (C), (D), (E), (F), (G), (H), (I), (L), (O) and (P); if any resulting lot will be less than five (5) acres, the soil evaluation required by section 14-309, 14-310, 14-312 and 14-314.

 

            D.        Onsite improvements and design:  Sections 14-400, 14-405, 14-406, 14-416, 14-421 and 14-426 through 14-429, 14-433 and 14-438.

 

(9-5-96, 8-28-74 (§ 3); 1988 Code, § 18-15; Ord. 98-A(1), 8-5-98, § 14-239(part))

 

 

Sec. 14-208.2  Easement plats.

 

            The following sections shall apply to each easement plat, when applicable:

 

A.        General: Sections 14-100 through 14-108.

 

B.         Administration and procedure:  Sections 14-200 through 14-204, 14-212.4, 14-226 and 14-229.

 

C.        Plat requirements and documents to be submitted:  Sections 14-300, 14-301, 14-302(A)(1), (2), (3), (4), (5), (6), (11) and (15), 14-302(B)(1), (2), (4), (5), (6), (7), (9) and (10),  14-303(A), (B), (C), (E), (F), (H), (I), (L), (O) and (P), 14-312 and 14-314.

 

            D.        Onsite improvements and design:  Sections 14-433 and 14-438.

 

Division 3.  Procedures for Rural SubdDivisions and Family Divisions,

Family Subdivisions, Boundary Line Adjustments, Vacations and Easement Plats

 

Sec. 14-209 Rural subdivisions; procedure.

 

            A Each plat for a rural subdivision shall be submitted, reviewed and approved as provided herein follows:

 

            A.        The plat shall meet the standards for plats set forth in Virginia Code § 42.1-82.

 

            B.         Within sixty (60) days after submittal of the plat, the agent shall determine whether it complies with the applicable requirements of this chapter.  If the agent determines that the plat complies with the applicable requirements of this chapter, he shall approve the plat.  If the agent determines that the plat does not comply with the applicable requirements of this chapter, he shall inform the subdivider in writing of the reasons for the denial, with citation to the applicable section of this chapter or other law, and what corrections or modifications will permit approval.  The agent shall either mail the notice of denial by first class mail, or personally deliver it, to the subdivider.  However, if the plat requires approval by any agency, department or authority other than the county, and no evidence is provided at the time the plat is submitted that such approval has been obtained, the agent shall approve or deny disapprove the plat as provided herein within thirty-five (35) days after receipt of approval from the agency, department or authority provided that the plat shall be approved or denied not later than ninety (90) days after resubmittal of the plat.

 

(§ 18-13 (part), 9-5-96, 12-21-83; § 18-57 (part), 9-5-96, 1-3-96, 4-13-88, 12-21-83, 10-17-79, 8-28-74; § 18-58 (part), 9-5-96, 8-28-74; 1988 Code, §§ 18-13, 18-57, 18-58; Ord. 98-A(1), 7-15-98)

 

                State law reference--Va. Code §§ 15.2-2241(9), 15.2-2258.

 

 

 

Sec. 14-210 Family subdivisions; procedure.

 

A Each plat for a family subdivision shall be submitted, reviewed and approved as provided herein follows:

 

            A.        The plat shall meet the standards for plats set forth in Virginia Code § 42.1-82.  If land is to be transferred to a member of the immediate family owning an abutting lot as part of a

family subdivision, the land shall be combined with the abutting lot and shall be so noted on the plat by appropriate symbol and wording.

 

B.         Within sixty (60) days after submittal of the plat, the agent shall determine whether it complies with the applicable requirements of this chapter.  If the agent determines that the plat complies with the applicable requirements of this chapter, he shall approve the plat.  If the agent determines that the plat does not comply with the applicable requirements of this chapter, he shall inform the subdivider in writing of the reasons for the denial, with citation to

the applicable section of this chapter or other law, and what corrections or modifications will permit approval.  The agent shall either mail the notice of denial by first class mail, or personally deliver it, to the subdivider.  However, if the plat requires approval by any agency, department or authority other than the county, and no evidence is provided at the time the plat is submitted that such approval has been obtained, the agent shall approve or deny disapprove the plat as provided herein within thirty-five (35) days after receipt of approval from the agency, department or authority, provided that the plat shall be approved or denied not later than ninety (90) days after submittal of the plat.

 

            C.        The approval of a plat for a family subdivision shall be subject to the conditions of approval set forth in section 14-212.

 

(9-5-96, 8-28-74; 1988 Code, § 18-58; Ord. 98-A(1), 7-15-98)

 

                State law reference--Va. Code §§ 15.2-2241(1), 15.2-2241(9), 15.2-2244(C), 15.2-2258.

 

Sec. 14-211 Family subdivisions; conditions precedent.

 

            A family subdivision shall be approved only if, in addition to satisfying all other applicable requirements of this chapter, the agent is satisfied that:

 

            A.        Only one lot is created for transfer by sale or gift to the same family member.

 

B.         The subdivider has not previously divided any other land within the county by family subdivision for transfer by sale or gift to the same family member.

 

            C.        Each lot proposed to be created complies with the all applicable requirements of the zoning ordinance.

 

            D.        The family subdivision is not sought for the purpose of circumventing the requirements of this chapter applicable to subdivisions.  In determining whether a family subdivision is sought for the purpose of circumventing the requirements of this chapter, the agent shall consider the following factors, among others:

 

                        1.         Whether the subdivision promotes the cohesiveness of the family;

 

                        2.         Whether the subdivision is profit motivated for short-term investment purposes;

 

                        3.         The length of time the subdivider has owned the property; and

 

                        4.         Whether, after the family subdivision is approved, a lot created by the family subdivision is conveyed back to the grantor or to a third party.

 

(9-5-96, 1-3-96, 4-13-88, 12-21-83, 10-17-79, 8-28-74; 1988 Code, § 18-57; Ord. 98-A(1), 7-15-98)

 

                State law reference--Va. Code § 15.2-2244(C).

 

Sec. 14-212 Family subdivisions; conditions of approval.

 

            Each approval of a plat for a family subdivision shall be subject to the following conditions:

 

            A.        No lot created by the family subdivision, including the residue, may be transferred, except by devise, descent or operation of law, to a person other than an eligible member of the immediate family of the subdivider, for a period of two (2) years from the date of recordation of the plat, except for purposes of securing any purchase money and/or construction loan, including bona fide refinancing, provided that the spouse of the member of the immediate family to whom a lot is transferred may be a co-grantee and co-owner of the lot.  If the lot created is conveyed back to the grantor within the two (2) year period, it shall be recombined with the parent lot within six (6) months after such conveyance.  No building permits shall be issued for the lots until they are recombined.  

 

            B.         The entrance of the principal means of access for each lot onto any public street shall comply with Virginia Department of Transportation standards and be approved by the Virginia Department of Transportation.

 

            C.        The following note shall be added to each plat for a family subdivision: “No lot shown on this family subdivision plat may be sold or conveyed to a person other than an eligible ‘member of the immediate family,’ as that term is defined in Chapter 14 of the Albemarle County Code, for a period of two (2) years from the date of recordation of this plat except as authorized by section 14-212(A) of the Albemarle County Code.  If any lot created by the recordation of this plat is conveyed back to the grantor during the two (2) year period, it shall be recombined with the parent lot within six (6) months after such conveyance.”

           

(9-5-96, 1-3-96, 4-13-88, 12-21-83, 10-17-79, 8-28-74; 1988 Code, § 18-57; Ord. 98-A(1), 7-15-98)

 

                State law reference--Va. Code § 15.2-2244(C).

 

 

Sec. 14-212.1  Boundary line adjustment; procedure.

 

            Each plat for a boundary line adjustment shall be submitted, reviewed and approved as follows:

 

A.        Within sixty (60) days after submittal of the plat, the agent shall determine whether it complies with the applicable requirements of this chapter.  If the agent determines that the plat complies, he shall approve the plat.  If the agent determines that the plat does not comply, he shall inform the subdivider in writing of the reasons for the denial, with citation to the applicable section of this chapter or other law, and what corrections or modifications will permit approval.  The agent shall either mail the notice of denial by first class mail, or personally deliver it, to the subdivider.  However, if the plat requires approval by any agency, department or authority other than the county, and no evidence is provided at the time the plat is submitted that approval has been obtained, the agent shall approve or disapprove the plat within thirty-five (35) days after receipt of approval from the agency, department or authority provided that the plat shall be approved or denied not later than ninety (90) days after resubmittal of the plat.

 

B.         The lots affected shall have been: (i) part of an otherwise valid and properly recorded subdivision plat approved pursuant to this chapter or a prior subdivision ordinance of the county; or (ii) part of a properly recorded deed prior to the adoption of the first subdivision ordinance of the county that required an approved subdivision plat under the applicable circumstances.

 

            C.        The application shall not involve the relocation or alteration of any streets, alleys, or easements for public areas.  Easements or utility rights-of-way may be relocated or altered only with the express written consent of all persons holding an interest therein.

 

D.        An application made during the period of validity of a final plat shall not constitute a waiver of any rights of the subdivider existing on the date of approval of the plat.  The approval of an application shall not extend the period of validity of the original final plat.

 

(9-5-96, 8-28-74 (§ 3); 1988 Code, § 18-15; Ord. 98-A(1), 8-5-98, § 14-239(part))

 

            State law reference--Va. Code § 15.2-2275.

 

Sec. 14-212.2  Vacation of plat or part thereof; procedure.

 

A recorded plat or any part thereof may be vacated pursuant to Virginia Code §§ 15.2-2271 through 15.2-2274 as follows:

 

A.        An application to vacate a recorded plat shall be submitted to the agent. 

 

B.         If the application to vacate a recorded plat is proceeding under Virginia Code §§ 15.2-2271(1) or 15.2-2272(1):

 

1.         The application shall include the proposed written instrument declaring the plat, or part thereof, to be vacated.

 

 

                        2.         The agent shall review each application for compliance with applicable law.  In conducting his review and prior to acting on the application, the agent shall transmit the application to appropriate site review committee members for review and recommendation.

 

                        3.         The agent shall either grant or withhold consent to the vacation upon receipt of the recommendation of the site review committee.  If the agent withholds consent, he shall inform the applicant in writing of the reasons for withholding consent.  The agent shall

either mail the notice of withholding of consent by first class mail, or personally deliver it, to the applicant.

 

            C.        If the application to vacate a recorded plat is proceeding under Virginia Code §§ 15.2-2271(2) or 15.2-2272(2), the agent shall make a recommendation to the board of supervisors as to whether it should vacate the plat by ordinance.  When the agent has developed his recommendation, he shall transmit it and the application to the commission.  The commission shall consider the recommendation and the application in making its recommendation to the board of supervisors.

 

            D.        An application which proposes to vacate a public street shall also be reviewed to determine whether the vacation is substantially in accord with the comprehensive plan, or part thereof.

 

            E.         An application shall be acted upon by the agent or the board of supervisors, as the case may be, within the time period set forth in section 14-214.

 

            F.         The vacation of a recorded plat shall operate to destroy the force and effect of the recording of the plat so vacated, or any portion thereof, and to divest all public rights in, and to

reinvest in the owners, proprietors and trustees, if any, the title to the streets, alleys, easements for public passage and other public areas laid out or described in the plat.

 

(Ord. 98-A(1), 8-5-98, § 14-240)

 

            State law reference--Va. Code §§ 15.2-2241(9), 15.2-2270 through 15.2-2276.

 

Sec. 14-212.3 Resubdivision without vacation of plat; procedure. 

 

Property may be resubdivided without vacating a recorded plat as follows:

 

A.        An application to modify a recorded final plat that eliminates, relocates or otherwise alters one or more lot lines shall be submitted and reviewed as provided in sections 14-213 through 14-227, provided that the modification does not involve the relocation or alteration of streets, alleys, easements for public passage or other public areas, and provided further that no easements or utility rights-of-way shall be relocated or altered.  An application for such a modification made during the period of validity of the plat shall not constitute a waiver of any rights of the subdivider existing on the date of approval of the final plat.  The approval of a such a modification shall not extend the period of validity of the original final plat.  This paragraph shall apply to any subdivision plat of record, whether or not recorded prior to the adoption of a subdivision ordinance by the county.

 

            B.         An application to subdivide a lot or contiguous lots recorded or developed prior to the effective date of section 6.4 of the zoning ordinance or its predecessor shall be submitted and reviewed as provided in sections 14-213 through 14-227.  The application shall be subject to section 6.4(C) of the zoning ordinance.

 

            C.        Nothing in this section limits the right of an owner to apply to vacate a plat or any part thereof, or to apply for a boundary line adjustment as provided in this chapter.

 

(9-5-96, 8-28-74 (§3); 1988 Code, § 18-15; Ord. 98-A(1), 8-5-98, § 14-239)

 

            State law reference--Va. Code §§ 15.2-2275.

 

Sec. 14-212.4  Easement plats; procedure.

 

Each easement plat shall be submitted, reviewed and approved as follows:

 

A.        The plat shall meet the standards for plats set forth in Virginia Code § 42.1-82.

 

            B.         Within sixty (60) days after submittal of the plat, the agent shall determine whether it complies with the applicable requirements of this chapter.  If the agent determines that the plat complies, he shall approve the plat.  If the agent determines that the plat does not comply, he shall inform the subdivider in writing of the reasons for the denial, with citation to the applicable section of this chapter or other law, and what corrections or modifications will

permit approval.  The agent shall either mail the notice of denial by first class mail, or personally deliver it, to the subdivider.

 

            C.        In making the determination under paragraph (B), the agent shall request comments from any department, agency or authority affected by the easement plat.

 

Division 4.  Procedure for All Other Subdivisions

 

Sec. 14-213 General.

 

            Each preliminary and final plat shall be submitted, reviewed and approved as provided in this division 4, subject to the following:   

 

A.        Preliminary plat not mandatory.  A subdivider is not required to submit and obtain approval of a preliminary plat before submitting and seeking approval of a final plat.  However, the agent may require the submittal of all information required by section 14-302 if such the information is deemed by the agent to be necessary for review of the final plat.

 

B.         Disapproval of plats posing danger to public health, safety or welfare, or fail to meet sound engineering practices.  The agent is not required by any provision of this chapter to approve any final plat, or any development, use, plan or feature thereof, which he finds found to constitute a danger to public health, safety or welfare, or which he determines to be a departure from or a violation of sound engineering design or standards.

 

CB.      Procedure for certain two-lot subdivisions. Subdivisions that would result in not more than two (2) lots within the rural areas within the Rural Areas (RA) or Village Residential (VR) zoning districts shall be reviewed, approved and subject to procedures as provided herein and approved as follows:

 

            1.         Submittal of plat. The subdivider shall submit a plat for review and approval by the agent.

 

2.         Review and approval of plat by agent. Within sixty (60) days after submittal of the plat, the agent shall determine whether it complies with the applicable requirements of this chapter.  The agent may request that any department, agency or authority review the plat and forward its comments to him.  If the agent determines that the plat complies with the applicable requirements of this chapter, he shall approve the plat. 

 

(a)        If the agent determines that the plat does not comply with the applicable requirements of this chapter, he shall inform the subdivider in writing of the reasons for the denial disapproval, with citation to the applicable section of this chapter or other law, and what corrections or modifications will permit approval.  The agent shall either mail the notice of denial disapproval by first class mail, or personally deliver it, to the subdivider. 

 

(b)        If the plat requires approval by any agency, department or authority other than the county, and no evidence is provided at the time the plat is submitted that such approval has been obtained, the agent shall approve or deny disapprove the plat as provided herein within thirty-five (35) days after receipt of approval from the department, agency or authority, provided that the plat shall be approved or denied disapproved not later than ninety (90) days after resubmittal of the plat.

 

                        3.         Procedures for other approvals related to plat. The procedures for other approvals related to the plat shall be Other approvals related to the plat shall be reviewed and approved as provided in sections 14-232 through 14-240  14-224.1, 14-225.1, 14-231.1 and 14-232 through 14-236

 

                        4.         Appeal of disapproval of plat. The disapproval of a plat may be appealed as provided in section 14-226.

 

                        5.         Period of validity of approved plat, and extension thereof. An approved plat shall be valid for the periods provided in section 14-229, and the period of validity may be extended as provided in section 14-231.

 

(9-5-96, 5-5-82, 8-28-74 (§ 8); 1988 Code, § 18-54; Ord. 98-A(1), 7-15-98; Ord. 01-14(1), 5-9-01)

 

                State law reference--Va. Code § 15.2-2241(9).

 

Sec. 14-214 Period in which to act on preliminary and final plat.

 

            The review and action on each preliminary and final plat shall be reviewed and acted upon according to the following schedule:

 

            A.        Except as otherwise provided in paragraphs (B), (C) and (D), which pertains to preliminary plats only, the agent shall approve or deny a preliminary or final plat within sixty

(60) days after the date the plat was officially submitted.  The date a preliminary or final plat is officially submitted shall be determined pursuant to sections 14-216 or 14-221, respectively.

 

            B.         If approval of a feature of a preliminary plat by a state agency is necessary, the agent shall promptly forward to the state agency all documents necessary to allow the state agency to conduct its review.  Any state agency making a review shall complete its review within forty-five (45) days of its receipt of the preliminary plat.

 

C.        Upon receipt of the approvals from all state agencies, the agent shall approve or deny the preliminary plat within thirty-five (35) days.  All actions by the agent and, if necessary,

state agencies, shall be completed within a total of ninety (90) days after the date the preliminary plat was officially submitted, as that date is determined pursuant to section 14-216.

 

            D.        If the preliminary plat is subject to review by the commission, upon receipt of the approvals from all state agencies, the commission shall approve or deny the preliminary plat within forty-five (45) days.  All actions by the commission, and, if necessary, state agencies, shall be completed within a total of ninety (90) days after the date the preliminary plat was officially submitted, as that date is determined pursuant to section 14-216.

 

Each preliminary and final plat shall be reviewed and acted upon by the agent or the commission, as applicable, according to the following schedule:

 

            A.        Final plats.  A final plat shall be acted upon within sixty (60) days after the date the plat was officially submitted, as determined pursuant to section 14-221.  A final plat that was previously disapproved shall be approved or disapproved within forty-five (45) days after the date the plat is modified, corrected and resubmitted for review and approval. 

 

            B.         Preliminary plats.  A preliminary plat shall be acted upon within sixty (60) days after the date the plat was officially submitted, as determined by section 14-216, subject to the following:

 

                        1.         Extended period if state agency review required.  If approval of a feature of a preliminary plat by a state agency is necessary, the period in which a preliminary plat shall be acted upon shall not exceed ninety (90) days.  If state agency approval is required, the agent shall promptly forward to the state agency all documents necessary to allow the state agency to conduct its review.  The state agency shall complete its review within forty-five (45) days of its receipt of the preliminary plat.  The agent or the commission shall approve or disapprove the preliminary plat within thirty-five (35) days of receipt of approvals from all state agencies.

 

 

2.         Resubmitted preliminary plat.  A preliminary plat that was previously disapproved shall be approved or disapproved within forty-five (45) days after the date the plat is modified, corrected and resubmitted for review and approval.

 

 

 

(§ 18-46, 9-5-96, 8-28-74 (§ 7); § 18-53(part), 9-5-96, 6-3-81, 8-28-74 (§ 8); 1988 Code, §§ 18-46, 18-53; Ord. 98-A(1), 7-15-98)

 

                State law reference--Va. Code §§ 15.2-2259, 15.2-2260.

 

Sec. 14-215 Preliminary application conference; master plans.

 

            Prior to submittal of a preliminary plat, the subdivider shall participate in a preliminary conference with staff.  Each subdivider shall participate in a preliminary application conference with staff prior to submittal of a preliminary plat.  The purpose of the conference shall be to allow the subdivider to inform staff of the nature of the subdivision so that staff and the subdivider can develop an informal program that will guide the review and approval of the preliminary plat, or parts thereof.  The following requirements shall also apply:

 

            A.        Unless paragraph (B) applies, tThe subdivider shall present a preliminary schematic master plan plat at the preliminary application conference which shows:

 

                        1.         the boundary lines of the property;

 

                        2.         existing land conditions, existing topography at a maximum of twenty (20) foot contour intervals, and soils information; established or approximated one hundred (100) year flood plain limits as shown on the official flood insurance maps for Albemarle County;

 

                        3.         the general lay-out design of what is proposed for the subdivision, on a scale of not smaller than one (1) inch equals one hundred (100) feet;

 

                        4.         building setback lines;

 

                        5.         the applicable zoning of the property, including all applicable proffers, special use permit conditions and variances;

 

                        6.         the applicable zoning of all abutting properties; and

 

                        7.         a notation as to whether the land is within the Albemarle County and/or City of Charlottesville public water supply watershed or an agricultural-forestal district.; and

a notation as to whether the land or the abutting properties is subject to a conservation or open-space easement.

 

            B.         If the subdivider proposes to establish a phased subdivision, the subdivider shall submit a master phasing plan which shall include all of the information required in paragraph (A), and the following information:

 

                        1.         phasing lines for each section, which shall include the delineation of lots, open space, public street or private roadrights-of-way, and other areas, to be platted by each phase; and a written schedule of acreage and percentage of each such land area for each section, stated on individual and cumulative bases;

 

                        2.         the location of temporary cul-de-sacs, means to emergency access and other temporary road improvements as may be necessitated by the phased development; and a written time schedule for the removal or discontinuance of such improvements; and

 

                        3.         a complete description of the extent to which improvements required by this chapter and other improvements proposed by the subdivider will be installed with each phase of the subdivision.

 

            CB.      Statements made by staff and the subdivider during the preliminary application conference, and the preliminary schematic master plan, shall not be binding on the county or the subdivider.

 

(9-5-96, 8-28-74 (§ 7); 1988 Code, § 18-44; Ord. 98-A(1), 7-15-98)

 

            State law reference--Va. Code § 15.2-2241(9).

 

Sec. 14-216 Submittal of preliminary plat.

 

            Each preliminary plat shall be submitted to the agent, which shall then be initially processed as provided herein follows:

 

            A.        A preliminary plat shall be deemed to be officially submitted on the date of the next application deadline established by the agent after the submittal of the preliminary plat, and its acceptance for official submittal by the agent.

 

            B.         A preliminary plat which lacks omitting any information required by section 14-302(A) shall be deemed to be incomplete and shall be denied not be accepted for official

submittal by the agent.  This review and determination shall be made within ten (10) days after the application deadline.  The agent shall inform the subdivider in writing of the reasons for the denial disapproval, with citation to the applicable section of this chapter or other law, and what corrections or modifications will permit acceptance of the plat.  The agent shall either mail the notice of denial by first class mail, or personally deliver it, to the subdivider. notify the subdivider or his or her agent of the disapproval in writing by first class mail, personal delivery, or, if consented to by the subdivider in writing, by fax or email.

 

            C.        Within fifteen (15) days after the date the notice of denial disapproval was mailed or delivered by the agent, the subdivider may resubmit the preliminary plat together with payment of the fee for the reinstatement of review.  The date of the next application deadline after the resubmittal of the preliminary plat shall be deemed to be the date upon which the plat was officially submitted.  In the event the subdivider fails to resubmit the preliminary subdivision plat within the fifteen (15) day period described herein, the preliminary plat shall be deemed to be denied disapproved and a new application and fee shall be required for submittal of the preliminary plat.

 

D.        A preliminary plat which is deemed to be deemed complete officially submitted by the agent shall be transmitted to the site review committee.

 

 

            E.         When the agent determines that a preliminary plat is complete officially submitted, he shall send notice that a preliminary plat has been submitted to the owner of each lot abutting the subdivision and to each member of the board of supervisors and the planning commission.  The notice shall state the type of use proposed describe the proposed subdivision; the specific location of the subdivision; the appropriate county office where the preliminary plat may be viewed; and the date of the site review committee meeting for the preliminary plat.  The notice also shall advise each recipient of the right to request review of the preliminary plat by the commission and the date by which such the review must be requested; or, if review by the commission is otherwise required, the date of the review.

 

            F.         The notice required by paragraph (E) shall be mailed or hand delivered at least five (5) days prior to the site review committee meeting for the preliminary plat.  Notice which is mailed Mailed notice shall be sent by first class mail.  Notice mailed to the owner of each lot

abutting the subdivision shall be mailed to the last known address of the owner, and mailing the notice to the address shown on the current real estate tax assessment records of the county shall be deemed compliance with this requirement.  If a lot abutting the subdivision is owned by the subdivider, the notice shall be given to the owner of the next abutting property not owned by the subdivider.

 

            G.        The failure of any person to receive the notice required by paragraph (E) shall not affect the validity of an approved preliminary subdivision plat, and shall not be the basis for an appeal.   

           

(9-5-96, 5-3-79, 8-28-74; 1988 Code, § 18-45; Ord. 98-A(1), 7-15-98)

 

                State law reference--Va. Code §§ 15.2-2241(9), 15.2-2260.

 

Sec. 14-217 Review of preliminary plat by site review committee.

 

            Upon receipt of a preliminary plat from the agent, the site review committee shall review the plat as provided herein follows:

 

            A.        The site review committee shall review each preliminary plat for compliance with the technical requirements of this chapter.

 

B.         Upon completion of its review, the site review committee shall transmit its requirements and recommendations to the agent.  For the purposes of this section, the term

“requirements” means the regulatory provisions of this chapter and the rules and regulations of each of the agencies of the site review committee; the term “recommendations” means suggestions for design change as may be deemed in the public interest by site review committee members in the area of their respective expertise.

 

            C.        If a revision is required by the site review committee, the subdivider shall revise the preliminary plat to include the required revision and shall submit the revision by a date

prescribed by the agent.  The revision shall be made prior to the review of the preliminary plat by the agent.

 

            D.        If a revision is recommended by the site review committee, the subdivider is not required to make the revision.  If the subdivider elects not to revise the preliminary plat to include the recommended revision, the subdivider shall submit a written statement to the agent by the revision date prescribed by the agent which states the reasons and justification for not

incorporating the recommendation in the revised plat.  The written statement shall be deemed to be a part of the required revision.

 

(Ord. 98-A(1), 7-15-98)

 

                State law reference--Va. Code § 15.2-2241(9).

 

Sec. 14-218 Determining whether agent or commission reviews and approves acts on preliminary plat.

 

            A preliminary plat shall be reviewed and approved acted on by either the agent or the commission, as provided below follows:

 

A.        The agent shall review a preliminary plat if it is not subject to review by the commission as provided in paragraph (B).  The agent shall conduct his review pursuant to section 14-219.

 

B.         The commission shall review a preliminary plat if: (i) the subdivider or any owner of a lot abutting the subdivision, the board of supervisors or any member thereof, the commission or any member thereof, the zoning administrator, the county executive, or the agent, requests the commission review the preliminary plat; or (ii) if review and approval by the commission of any matter pertaining to the plat is required by this chapter; or (iii) the subdivider obtained approval of a waiver prior to submittal of the preliminary plat as provided in sections 14-224.1 and 14-225.1 and the preliminary plat is not in substantial accord with the conceptual plan considered with the waiver request.  The commission shall conduct its review pursuant to section 14-220.  Each request for review shall be submitted to the agent by the deadline for requesting review stated in the notice.  Each request by the subdivider or an owner of a lot abutting the subdivision shall be in writing and state the reasons for review.

 

                        1.         If review of a preliminary plat is by request, each request by the subdivider or any owner of a lot abutting the subdivision shall be in writing, shall state the reasons for review, and be filed with the agent by the deadline for requesting review stated in the notice.  Each request for review by the board of supervisors or any member thereof, the commission or any member thereof, the zoning administrator, the county executive or the agent shall be made to the agent by the deadline for requesting review stated in the notice.

 

                        2.         If review of a preliminary plat is because review and approval of a matter pertaining to the plat is required by this chapter, the commission, when acting on the matter, shall also review and approve the preliminary plat in its entirety.

 

(Ord. 98-A(1), 7-15-98)

 

                State law reference--Va. Code §§ 15.2-2241(9), 15.2-2260.

 

 

 

Sec. 14-219 Review and action upon preliminary plat by agent.

 

            Upon receipt of a preliminary plat from the site review committee, the agent shall review the plat as provided herein:

           

The agent shall review and act on a preliminary plat as follows:

           

            A.        The agent shall review the preliminary plat for compliance with the requirements of this chapter, and shall make a good faith effort to identify all deficiencies, if any, during the review of the first plat submittal.  The agent shall consider the recommendations of the site

review committee and any statement by the subdivider submitted pursuant to section 14-217(D).  The agent also may consider any other evidence pertaining to the compliance of the preliminary plat with the technical requirements of this chapter as deemed necessary for a proper review of the plat.

 

B.         The agent shall formulate an action or recommendation.  If the agent determines that the preliminary plat complies with the requirements of this chapter, he shall approve the

preliminary plat and promptly issue a letter to the subdivider stating the conditions which must be satisfied prior to submittal of the final plat.  If the agent determines that the preliminary plat does not comply with the requirements of this chapter, he shall disapprove the preliminary plat and promptly inform the subdivider of the disapproval as provided in paragraph (C).    

 

C.        A notice of disapproval shall state the reasons for disapproval by identifying the plat’s deficiencies and citing the with citation to the applicable sections of this chapter or other law, and what corrections or modifications will permit approval of the preliminary plat.  The agent shall either mail the a written notice of disapproval by first class mail, or personally deliver it, to the subdivider.  Within fifteen (15) days after the date the notice of disapproval was mailed, or delivered, the subdivider may resubmit the preliminary plat together with payment of a fee for the reinstatement of review.  The date of the next application deadline following the resubmittal of the preliminary plat shall be deemed to be the date upon which the preliminary plat was officially submitted.  In the event If the subdivider fails to timely resubmit the preliminary plat within the period described herein, the preliminary plat shall be deemed to be denied disapproved and a new application and fee shall be required for submittal of the preliminary plat.

 

            D.        If review of a preliminary plat by the commission is allowed by request permitted, the agent shall not approve act on the plat until the deadline for requesting commission review of the plat by the commission has passed.

 

(§ 18-13, 9-5-96, 12-21-83; § 18-47 (part), 9-5-96, 8-28-74 (§ 7); § 18-48, 9-5-96, 8-28-74 (§ 7); 1988 Code, §§ 18-13, 18-47, 18-48; Ord. 98-A(1), 7-15-98)

 

                State law reference--Va. Code §§ 15.2-2241(9), 15.2-2259, 15.2-2260.

 

Sec. 14-220 Review and action upon preliminary plat by commission.

 

            Upon its receipt of a preliminary plat because review by the commission is requested or

required, the commission shall review the plat as provided herein:          

 

            The commission shall review and act on a preliminary plat as follows:

 

            A.        The commission shall review the preliminary plat for compliance with the requirements of this chapter, and shall make a good faith effort to identify all deficiencies, if any, during the review of the first plat submittal.  The commission shall consider the recommendations of the site review committee, any statement by the subdivider submitted pursuant to section 14-217(D), and the agent’s comments and recommendations, which shall be

transmitted by the agent to the commission.  The commission also may consider any other evidence pertaining to the compliance of the preliminary plat with the requirements of this chapter as deemed necessary for a proper review of the plat.

 

            B.         If the commission determines that the preliminary plat complies with the requirements of this chapter, it shall approve the preliminary plat and direct the agent to issue a letter as provided in section 14-219(B).  If the commission determines that the preliminary plat does not comply with the requirements of this chapter, it shall disapprove the preliminary plat and, at the time of its action to disapprove the preliminary plat, identify the reasons for disapproval, with citation to state the reasons for disapproval by identifying the plat’s deficiencies and citing the applicable section of this chapter or other law and, with the advice of the agent and staff, state what corrections or modifications will permit approval of the plat.  If  the commission disapproves the preliminary plat, it shall also direct the agent to issue a notice of disapproval to the subdivider as provided in section 14-219(C).

 

C.        At the time that it acts to approve a preliminary plat, the commission may determine to review in whole or in part the final plat for the subdivision.  In reviewing and acting upon a preliminary plat, the commission may exercise any power or authority expressly granted herein to the agent which is applicable to the review and action.

 

            D.        If review of a preliminary plat by the commission is allowed by request permitted, the commission shall not approve the plat until the deadline for requesting commission review of the plat by the commission has passed.

 

E.         In reviewing and acting upon a preliminary plat, the commission may exercise any power or authority expressly granted herein to the agent which is applicable to the review and action.

 

(§ 18-47 (part), 9-5-96, 8-28-74 (§ 7); § 18-48, 9-5-96, 8-28-74 (§ 7); 1988 Code, §§ 18-47, 18-48; Ord. 98-A(1), 7-15-98)

 

                State law reference--Va. Code §§ 15.2-2241(9), 15.2-2259, 15.2-2260.

 

Sec. 14-221 Submittal of final plat.

 

            Each final plat shall be submitted to the agent, which shall then be initially processed as  provided herein and it shall be processed as follows:

 

 

            A.        Except as provided by section 14-230, a subdivider shall submit a final plat for approval within one (1) year of the date of approval of the preliminary plat.  For purposes of this section, a final plat shall be deemed to be officially submitted on the date that it is received by submitted the agent.  A final plat which is received by the agent that does not satisfy and satisfies the requirements of paragraphs (B) and (C) shall not be deemed to be officially submitted.

 

B.         Prior to submitting a final plat, a subdivider shall satisfy all conditions of the approval of the preliminary plat and shall obtain all tentative approvals for the final plat from the departments and agencies represented on the site review committee.  A final plat shall not be accepted by the agent if the subdivider has not satisfied all of the conditions or has not obtained all required tentative approvals.  For purposes of this section, a tentative approval “tentative approval” is a formal communication from a reviewing department to the agent stating that all of the requirements of the reviewing department have been satisfied.

 

            C.        A final plat which lacks omitting information required by section 14-303 shall be deemed to be incomplete and shall be denied not be accepted for official submittal by the agent.  A determination shall be made by the agent within ten (10) days after the application deadline.  The agent shall inform the subdivider in writing of the reasons for the denial disapproval, with citation to the applicable section of this chapter or other law, and what corrections or modifications will permit acceptance of the plat.  The notice of denial disapproval shall either be mailed to the subdivider by first class mail, or personally delivered to the subdivider.

 

D.        Within fifteen (15) days after the date the notice of denial rejection was mailed or delivered by the agent, the subdivider may resubmit the final plat together with payment of a fee for the reinstatement of review.  The date of the next application deadline following the resubmittal of the final plat shall be deemed to be the date upon which the plat was officially submitted.  In the event the subdivider fails to resubmit the final plat within the fifteen (15) day period described herein, the final plat shall be deemed to be denied disapproved and a new application and fee shall be required for submittal of the final plat.

 

            E.         A final plat which is deemed to be deemed complete by the agent shall be transmitted to the site review committee.

 

            F.         If the commission will is required to review a final plat as provided in section 14-225, or if a preliminary plat was not first submitted and approved, the agent shall send notice that a final plat has been submitted pursuant to the procedures and requirements set forth in sections 14-216(E), (F) and (G) 14-216(F) and 14-216(G).

 

(§ 18-51, 9-5-96, 8-28-74 (§ 7); § 18-53, 9-5-96, 6-3-81, 8-28-74 (§ 8); 1988 Code, §§ 18-51, 18-53; Ord. 98-A(1), 7-15-98)

 

                State law reference--Va. Code §§ 15.2-2241(9), 15.2-2258.

 

Sec. 14-222 Review of final plat by site review committee.

 

            Upon receipt of a final plat from the agent, the site review committee shall review the final plat as provided herein follows:

            A.        Each final plat shall be reviewed for compliance with the requirements of this chapter in effect at the time of preliminary plat approval, provided that all other requirements of sections 14-300, 14-301 and 14-303 are met.

 

            B.         If the final plat is subject to review and approval by the agent, the site review committee shall recommend approval if it determines that the final plat complies with the technical requirements of this chapter and that all conditions of the preliminary plat approval have been satisfied.  If the site review committee determines that the final plat does not comply with the technical requirements of this chapter, or that all conditions of the preliminary plat approval have not been satisfied, the committee it shall identify those requirements which have not been complied with and those conditions which have not been satisfied.

 

            C.        The determinations of the site review committee made pursuant to paragraph (B) shall be in writing and shall be submitted to the agent within the time period as may be specified by the agent.

 

(Ord. 98-A(1), 7-15-98)

 

                State law reference--Va. Code §§ 15.2-2241(9), 15.2-2258.

 

Sec. 14-223 Determining whether agent or commission reviews and approves acts on final plat.

 

A final plat shall be reviewed and approved acted on by either the agent or the commission, as provided below follows:

 

            A.        The agent shall review a final plat if it is not subject to review by the commission as provided in paragraph (B).  The agent shall conduct his review pursuant to section 14-224.

 

            B.         The commission shall review a final plat if: (i) the agent determines there is a substantial change from a the preliminary plat which was approved by the commission; (ii) the commission requested review of the final plat during preliminary plat approval, as provided by section 14-220(E)(C); or (iii) the subdivider requests review, utilizing using the same procedure as provided in section 14-220(A) 14-218(B); or (iv) the subdivider obtained approval of a waiver prior to submittal of the preliminary plat as provided in sections 14-224.1 and 14-225.1 and the final plat is not in substantial accord with the conceptual plan considered with the waiver request.  The commission shall conduct its review pursuant to section 14-225.

 

(Ord. 98-A(1), 7-15-98)

 

State law reference--Va. Code §§ 15.2-2241(9), 15.2-2258.

 

Sec. 14-224 Review and action upon final plat by agent.

 

            Upon receipt of a final plat from the site review committee, the agent shall review the final plat as provided herein follows:

 

            A.        The agent shall review the final plat for compliance with the requirements of this chapter in effect at the time of preliminary plat approval, provided that all other requirements of

 

sections 14-300, 14-301 and 14-303 are met.  For the final plat of each section of a phased subdivision, the agent shall also review the final plat for compliance with applicable regulations, and all requirements of the zoning ordinance in effect at the time the plat for that section is being reviewed or, in the case of a planned development, the zoning ordinance selected by the subdivider under section 8.5.5.2 of the zoning ordinance.  The agent shall make a good faith effort to identify all deficiencies, if any, during the review of the first plat submittal.  The agent shall consider the recommendations and determinations made by the site review committee.

 

            B.         If the agent determines that the final plat complies with the requirements of this chapter and that all conditions of approval of the preliminary plat have been satisfied, the agent  shall sign the final plat.  If the agent determines that the final plat does not comply with all requirements of this chapter or that all conditions of approval of the preliminary plat have not been satisfied, he shall disapprove the final plat shall be disapproved and the agent shall promptly inform the subdivider of the disapproval by issuing a notice of disapproval to the subdivider which complies with the notice requirements stated in section 14-219(C).

 

            C.        If review of a final plat by the commission is allowed by request permitted, the agent shall not approve act on the plat until the deadline for requesting commission review of the plat by the commission has passed.

 

(9-5-96, 6-3-81, 8-28-74 (§ 8); 1988 Code, § 18-53; Ord. 98-A(1), 7-15-98)

 

                State law reference--Va. Code §§ 15.2-2241(9), 15.2-2258, 15.2-2259.

 

Sec. 14-224.1 Waiver of certain requirements by the agent.

 

            The agent may waive requirements as provided in sections 14-313, 14-401, 14-405, 14-407, 14-409, 14-419 and 14-420, as follows:

 

            A.        A subdivider shall submit to the agent a written request stating the reason and justification for the request and all proposed alternatives.  The subdivider shall have the burden of producing the evidence to enable the agent to make the findings required by this section.

 

            B.         The subdivider may appeal the disapproval of a waiver, or the approval of a waiver with conditions objectionable to the subdivider, to the commission as provided in section 14-226.  In reviewing a waiver request, the commission may approve or disapprove the waiver based upon the applicable findings set forth in this section, amend any condition imposed by the agent, and impose any conditions it deems necessary.

 

Sec. 14-225 Review and action upon final plat by commission.

 

            Upon its receipt of a final plat because review by the commission is requested or required, the commission shall review the plat as provided herein follows:

 

            A.        The commission shall review the final plat for compliance with the requirements of this chapter, and shall make a good faith effort to identify all deficiencies, if any, during the review of the first plat submittal.  The commission shall consider the recommendations of the site review committee, the recommendations and comments of the agent, and any statement of the subdivider in response to the recommendations and comments, which shall be transmitted by the agent to the commission.  The commission also may consider any other evidence pertaining to the compliance of the preliminary plat with the requirements of this chapter as deemed necessary for a proper review of the plat.

 

            B.         If the commission determines that the final plat complies with the requirements of this chapter and, if a preliminary plat was submitted and approved, that all conditions of approval of the preliminary plat have been satisfied, the commission shall approve the final plat and direct the agent to sign the plat.  If the commission determines that the final plat does not comply with all requirements of this chapter or that all conditions of approval of the preliminary plat have not been satisfied, it shall disapprove the final plat and, at the time of its action to disapprove the plat, identify the reasons for disapproval, with citation to the applicable section of this chapter and, with the advice of the agent and staff, state what corrections or modifications will permit approval of the plat.  If the commission disapproves the final plat, it shall also direct the agent to issue a notice of disapproval to the subdivider which complies with the notice requirements stated in section 14-219(C).

           

            C.        If review of a final plat by the commission is allowed by request permitted, the commission shall not approve the plat until the deadline for requesting commission review of the plat by the commission has passed.

 

            D.        In reviewing and acting upon a final plat, the commission may exercise any power or authority expressly granted herein to the agent which is applicable to the review and action.

 

(9-5-96, 6-3-81, 8-28-74 (§ 8); 1988 Code, § 18-53; Ord. 98-A(1), 7-15-98)

 

                State law reference--Va. Code §§ 15.2-2241(9), 15.2-2258, 15.2-2259.

 

Sec. 14-225.1 Waiver of certain requirements by the commission.

 

            The commission may waive requirements as provided in sections 14-234, 14-404, 14-409, 14-410, 14-412, 14-414 and 14-422, as follows:

 

A.        A subdivider shall submit to the agent a written request stating the reason and justification for the request and all proposed alternatives.  The subdivider shall have the burden of producing the evidence to enable the commission to make the findings required by this section.  The agent shall review the request and transmit his recommendation of approval, approval with conditions, or disapproval to the commission.  If the agent recommends approval or approval with conditions, the recommendation shall be accompanied by a statement by the

agent as to the public purpose served by the recommendation, particularly in regard to the purpose and intent of this chapter, the zoning ordinance and the comprehensive plan.  The director of planning and the county engineer shall provide recommendations to the commission as to whether and how the waiver would accomplish county goals, policies, good planning practice and good engineering practice.

 

B.         The subdivider may appeal the disapproval of a waiver, or the approval of a waiver with conditions objectionable to the subdivider, to the board of supervisors as an appeal of a disapproval of the plat as provided in section 14-226.  In reviewing a waiver request, the board may approve or disapprove the waiver based upon the applicable findings set forth in this section, amend any condition imposed by the commission, and impose any conditions it deems necessary.

 

(9-5-96, 8-28-74 (§ 10); 1988 Code, § 18-3; Ord. 98-A(1), 8-5-98, § 14-237)

 

            State law reference--Va. Code § 15.2-2242(1).

 

Sec. 14-226 Appeal of disapproval of preliminary or final plat; resubmittal.

 

            If a preliminary or final plat is disapproved by the agent or the commission:

 

            A.        Judicial review.  The disapproval of a preliminary or final plat by the agent or the commission shall It may be subject to judicial review as provided in Virginia Code §§ 15.2-2259(C) and 15.2-2260(E)

 

            B.         Appeal to board of supervisors.  In the alternative and in addition to seeking judicial review, and at the sole option of the subdivider, the subdivider may appeal the disapproval to the board of supervisors. , provided that the appeal is filed in writing  The appeal shall be in writing and be filed with the agent within ten (10) days of the date of the disapproval.  The board may affirm, reverse, or modify in whole or in part, the disapproval.  In so doing, the board shall give due consideration to the recommendations of the agent, the site review committee or the commission.  In addition, it may consider such other evidence as it deems necessary for a proper review of the application.

 

            C.        Resubmittal.  In the alternative and in addition to seeking judicial review, and at the sole option of the subdivider, the subdivider may resubmit the plat after it has been modified or correct to address the deficiencies identified by the agent or the commission.  The modified or corrected plat shall be resubmitted to the agent within thirty (30) days’ of the date of the disapproval.  The agent or the commission, as the case may be, shall act on the resubmitted plat within forty-five (45) days after the date it was resubmitted.  If the resubmitted plat is disapproved, the subdivider shall may seek judicial review, appeal the disapproval to the board of supervisors, or resubmit a modified or corrected plat as provided herein.        

 

(9-5-96, 11-4-82, 11-3-82; 1988 Code, § 18-4; Ord. 98-A(1), 7-15-98)

 

State law reference--Va. Code §§ 15.2-2241(9), 15.2-2259, 15.2-2260.

 

Sec. 14-227 Effect of approval of preliminary plat.

 

            The approval of a preliminary plat does not guarantee approval of the final plat, does not constitute approval or acceptance of the subdivision, and does not constitute authorization to proceed with the construction of the improvements within the subdivision,. and The approval of a preliminary plat also does not otherwise guarantee, or establish any right to, the continued application of county ordinances to the subdivision as the ordinances exist on the date of approval of the preliminary plat, except to the extent any such right is established under Virginia Code § 15.2-2307.

 

(9-5-96, 8-28-74; 1988 Code, § 18-49; Ord. 98-A(1), 7-15-98)

 

                State law reference--Va. Code §§ 15.2-2241(9), 15.2-2260.

 

Division 5.  Period of Validity of Subdivision Plat

 

Sec. 14-228 Period of validity of approved preliminary plat.

 

A preliminary plat shall be valid for a period of one (1) year five (5) years from the date that it is approved by the agent or the commission or, if the matter is appealed to the board of supervisors, by the board pursuant to this chapter, provided that the subdivider submits a final plat for all or a portion of the property within one (1) year of the approval as provided in section 14-221, and thereafter diligently pursues approval of the final plat.  After three (3) years following preliminary plat approval, the agent may, after ninety (90) days’ written notice provided by certified mail to the subdivider, revoke the approval upon a specific finding of facts that the subdivider failed to diligently pursue approval of the final plat.   The failure to officially submit a final plat as provided in section 14-221 within the one (1) year period shall render the approval of the preliminary plat null and void.  For purposes of this section, the date the preliminary plat is approved shall be the date that the letter of approval required by section 14-219(B) or 14-220(B) is mailed. 

 

(9-5-96, 8-28-74 (§ 7); 1988 Code, § 18-50; Ord. 98-A(1), 7-15-98)

 

            State law reference--Va. Code §§ 15.2-2241(9), 15.2-2260.

 

Sec. 14-229 Period of validity of approved final plat.

 

            A final plat for a subdivision which is not a phased subdivision eligible to be subject to section 14-230 shall be valid for the following periods as provided herein:

 

            A.        Except as provided in paragraph (B), a final plat shall be valid for a period of one (1) year from the date the agent affixes his signature to the plat.  The failure to record an approved final plat within the one (1) year period in the office of the clerk of the circuit court of the county shall render the approval null and void.

 

BA.      A final plat shall be valid for a period of one (1) year from the date the agent affixes his signature to the plat, or for any other period specified in a surety agreement entered into by and between the subdivider and the county, whichever is later, if: (i) the subdivider has commenced construction of facilities to be dedicated for public use pursuant to an approved plan or permit with approved surety; or (ii) the subdivider has furnished surety by certified check, cash escrow, bond, or letter of credit, in a form authorized by section 14-435(A) in the amount of the estimated cost of construction of the facilities.

 

B.         The failure to record an approved final plat in the office of the clerk of the circuit court of the county during its period of validity shall render the approval null and void.

 

C.        For purposes of this section, an approved plat for a rural subdivision, family subdivision, boundary line adjustment plat, easement plat or a vacation plat is a “final plat.”

 

(Ord. 98-A(1), 7-15-98)

 

            State law reference--Va. Code § 15.2-2241(8).

 

Sec. 14-230 Period of validity of approved plat for phased subdivision.

 

If a subdivider of a phased subdivision records a final plat which is a section of a subdivision shown on an approved preliminary plat, the plat shall be valid for the following period as provided herein:

 

A.        The subdivider shall have the right to record the remaining sections shown on the preliminary plat for a period of five (5) years from the date the final plat for the first section was recorded, or for any longer period as the agent or the commission may determine to be reasonable if the subdivider furnished to the board of supervisors, as part of the approval of the final plat for that section, a certified check, cash escrow, bond, or letter of credit a surety in a form authorized by section 14-435(A) in the amount of the estimated cost of construction of the facilities to be dedicated within that section for public use and maintained by the county, the commonwealth, or other public agency.

 

B.         The agent or the commission may grant a longer period to record the final plats for the remaining sections, if at all, upon the request of the subdivider and at the time of the approval of the final plat for the first section.  In acting on a request, the agent or the commission shall consider the size and phasing of the proposed development.

 

            C.        During the period that a final plat is valid as provided in this section, each plat for each subsequent phase shall be subject to this chapter, engineering and construction standards, and all requirements of the zoning ordinance in effect at the time the plat for each remaining phase is recorded.

 

(Ord. 98-A(1), 7-15-98)

 

                State law reference--Va. Code § 15.2-2241(5).

 

Sec. 14-231 Extension of period of validity of approved preliminary or final plat.

 

            The period of validity of an approved preliminary or final plat may be extended as follows:

 

            A.        The period of validity of an approved preliminary plat or an approved but not recorded final plat may be extended by the agent for up to one (1) year from the original date the approval of the plat was scheduled to expire.  An extension may be granted only if the subdivider submits a written request for an extension, accompanied by the required fee, which is received by the agent at least five (5) ten (10) days prior to the expiration date of the plat.  The agent shall act upon the request on or prior to the date the approval of the plat was scheduled to expire.  The written request shall address and the agent shall grant such an extension only upon finding, that governmental agencies or acts of God have caused unusual delays in satisfying all requirements of the plat approval or construction, or the following criteria, as may be applicable:  , to the extent they apply, whether: (i) all conditions of preliminary plat approval have been substantially satisfied or if not, what governmental agencies or acts of God have caused unusual delays in substantially satisfying the conditions; (ii) there is significant progress in the construction of improvements; (iii) there has been a significant relevant change in a relevant policy in the comprehensive plan or any regulation in the zoning ordinance or any other chapter of the Code affecting the property; and (iv) the project has progressed without being cited for any construction-related violation of the Code or, if a violation occurred, that it was corrected in a timely manner. 

 

B.         The agent shall act upon the request on or prior to the date the approval of the plat was scheduled to expire.  If the agent fails to approve or disapprove a timely request for extension before the plat expires, the expiration of the plat shall be temporarily suspended until the date of the agent’s decision. 

 

C.        The agent may grant an extension determined to be reasonable, taking into consideration the size and phasing of the proposed development and the laws, ordinances and regulations in effect at the time of the request for an extension.  

 

1.         the subdivider has substantially satisfied all conditions of preliminary plat approval;

 

                        2.         significant progress has been made in construction of improvements;

 

                        3.         there has been no significant change in comprehensive plan policy or any requirement of the Code, including the zoning ordinance, which affects the property; and

 

                        4.         the project has progressed without being cited for any construction-related violation of the Code or, in the event a violation has occurred, it has been corrected in a timely manner.

 

            BD.      The period of validity of a recorded final plat may be extended by the commission agent one (1) or more times for a period as the commission agent determines to be reasonable.  An extension shall be granted only upon a written request of the subdivider which is received by the agent in a timely manner so as to allow the commission agent to act on a the request at a regular scheduled meeting of the commission on or prior to before the date the approval of the final plat was scheduled to expire.  The written request shall address satisfy the requirements of paragraph (A), and the commission agent shall grant an extension only upon finding, the criteria set forth consideration of the factors delineated in paragraph (A).

 

            CE.      A subdivider may appeal the denial of an extension request made pursuant to paragraph (B) as provided in Virginia Code § 15.2-2259 to the circuit court as provided in Virginia Code  15.2-2261(B)(2).  In the alternative and in addition to seeking judicial review, and at the sole option of the subdivider, the subdivider may appeal the disapproval to the board of supervisors.  The appeal shall be in writing and be filed with the agent within ten (10) days of the date of the disapproval.  The board may affirm, reverse, or modify in whole or in part, the disapproval.  In so doing, the board shall give due consideration to the recommendations of the agent.  In addition, it may consider such other evidence as it deems necessary for a proper review of the application.  If the subdivider appeals a disapproval to the board of supervisors, the expiration of the plat shall be temporarily suspended until the date of the board’s decision.

 

(9-5-96, 8-28-74 (§ 7); 1988 Code, § 18-50; Ord. 98-A(1), 7-15-98)

 

            State law reference--Va. Code § 15.2-2261.

 

Sec. 14-231.1 Changes or revisions to preliminary or final plat.

 

Changes, revisions or erasures made to a preliminary or final plat shall be made as follows:

 

            A.        An approved preliminary or final plat or accompanying data sheet may be changed or revised, including erasures, only with the prior express written authorization of the agent, except when the change has been required by the site review committee or the commission.

 

            B.         An approved final plat which is changed or revised shall be submitted and reviewed as provided in sections 14-213 through 14-227, provided that the agent may approve minor changes or revisions to the plat if he determines that the plat, as changed or revised: (i) complies with all requirements of this chapter and all other applicable laws; (ii) substantially complies with the approved final plat and all conditions of preliminary plat approval; and (iii) will have no additional adverse impact on adjacent land or public facilities.

 

            C.        A changed or revised final plat shall be signed by the owner as provided in section 14-303(O).

 

(Ord. 98-A(1), 8-5-98; § 14-238)

 

            State law reference--Va. Code § 15.2-2241(9).

 

Division 6.  Procedures for Other Approvals Related to Plats

the Approval of Private Streets, Shared Driveways and Alleys

 

Subdivision 1.  Private Roads

 

Sec. 14-232 Circumstances wWhen private roads streets in rural areas may be authorized.

 

            A private road street may be authorized as provided herein in the rural areas under the following circumstances, provided that the findings required by section 14-234(C) are made:

 

A.        By the commission.  The commission may authorize a subdivision to be developed with one (1) or more new private roads streets only under any of the following circumstances:

 

            1.         To alleviate significant degradation to the environment.  One or more private roads streets may be authorized: (i) if the property is within either the rural areas (RA) or village residential (VR) zoning districts; (ii) the private roads streets will alleviate a clearly demonstrable danger likelihood of significant degradation to the environment of the property or any land adjacent thereto which would be occasioned by resulting from the construction of a public street in the same alignment; (iii) no alternative public street alignment is available which would alleviate significant degradation of the environment; and (iv) no more lots are proposed on the private road or roads streets than could be created on a public street due to right-of-way dedication; and (v) the proposed private streets demonstrably promotes sensitivity toward the natural characteristics of the land and encourages the subdivision of land in a manner that is consistent and harmonious with surrounding development.  The term “Ssignificant degradation” means either:

 

            (a)        The total volume of grading for construction of a public street would be thirty (30) percent or more than that of a private road street in the same alignment, based upon evidence profiles, typical sections, earthwork computations, and other information deemed necessary by the county engineer, submitted by the subdivider and reviewed by the county engineer; or

 

                                    (b)        Environmental impacts including, but not limited to, erosion and sedimentation, stormwater runoff, surface water pollution, loss of tree cover and/or the loss of indigenous vegetation resulting from a public street, which would be substantially greater than that of a private road street in the same alignment, based upon evidence submitted by the subdivider and reviewed by the county engineer and other qualified staff.

 

                        2.         Non-residential or non-agricultural subdivision.  One or more private roads may be authorized if the subdivision will be for the creation of lots that will be used for non-residential or non-agricultural purposes.

 

            3.         Residential subdivision developed with other than single-family detached dwelling units.  One or more private roads may be authorized if: (i) the subdivision is not located within a rural area identified in the comprehensive plan; and (ii) the subdivision will create lots and/or units which will be occupied exclusively by residential structures other than single-family detached dwelling units, and may include appurtenant recreational uses and open space.

 

2.         The lots will be used for non-residential or non-agricultural purposes.

 

                        43     General welfare.  One or more private roads streets may be authorized if the general welfare, as opposed to the proprietary interest of the subdivider, would be better served by the construction of one or more private roads streets than by the construction of public streets.

           

            B.         The agent may authorize a subdivision to be developed with one or more private roads only under the following circumstances

 

                        1.         Two-lot subdivisions.  One or more private roads may be authorized if: (i) the property is within either the rural areas (RA) or village residential (VR) zoning districts; and (ii) the subdivision contains only two lots and the private road will serve only those lots and will be the sole and direct means of access to a public street.

 

                        2.         Family division.  One or more private roads may be authorized to serve a family division.

 

B.                 By the agent.  The agent may authorize the following subdivisions to be developed with one (1) or more new private streets or shared driveways; 

 

1.         A family subdivision.

 

2.         A two-lot subdivision if the division contains only two lots and the private street will serve only those lots and will be the sole and direct means of access to a public street.

 

            C.        If a subdivision proposes to use an existing private street or an existing privately owned and maintained street not approved as a private street, and the division will create the third (or more) lot using the street, the subdivider shall apply for approval of a private street, which shall be reviewed under paragraph (A). 

 

(9-5-96, 8-28-74; 1988 Code, § 18-36; Ord. 98-A(1), 7-15-98)

 

            State law reference--Va. Code § 15.2-2242(3).

 

 

Sec. 14-233 Matters which may be considered in conjunction with request for authorization to construct private roads.

 

            In addition to the request for authorization to construct one or more private roads in a subdivision, the following related matters may also be considered by the commission in conjunction with a request:

 

            A.        Waiver of the requirements of as authorized by section 14-505(A) pertaining to the prohibition of immediate access onto a public street, where the waiver is necessary to alleviate a clearly demonstrable danger or significant degradation to the environment of the property or adjacent land because of existing development, topography, or other physical condition, as opposed to being a special privilege or convenience.

 

            B.         Waiver of the requirements of section 14-514(D),  pertaining to minimum right-of-way width requirements, where the subdivider demonstrates that: (i) the subdivision will be served by an existing easement of fixed width, which cannot be widened by the subdivider after documented good faith effort by him to acquire additional right-of-way width; and (ii) the existing easement is of adequate width to accommodate the travelway as required by section  14-514(D) together with area adequate for maintenance of the same.

 

            C.        Waiver of the requirements of section  14-514(D), pertaining to minimum right-of-way width requirements, over any existing bridge or other structure where it is determined by the county engineer that: (i) the long-term environmental impacts of resulting from not widening the bridge or structure outweigh complying with the minimum right-of-way width requirements; or (ii) the bridge or structure is a historical structure.  

 

            D.        Application of Virginia Department of Transportation mountainous terrain design standards to a private road authorized under sections 14-232(A)(2) or (3) where for a specific, identifiable reason, the general welfare, as opposed to the proprietary interest of the subdivider, would be better served by the application of those standards.

 

E.         The commission may impose any condition pertaining to the road it deems reasonable and necessary in conjunction with any approval pursuant to this section.

 

(9-5-96, 8-28-74; 1988 Code, § 18-36; Ord. 98-A(1), 7-15-98)

 

            State law reference--Va. Code § 15.2-2242(3).

 

Sec. 14-233  When private streets in development areas may be authorized.

 

            A private street may be authorized in the development areas under the following circumstances, provided that the findings required by section 14-234(C) are made:

 

            A.        By the commission.  The commission may authorize a subdivision to be developed with one (1) or more new private streets in the following circumstances:

 

                        1.         Neighborhood model development.  The proposed private street(s) would enable the principles of the neighborhood model to be more fully implemented than could be achieved with a public street, without diminishing other principles of the neighborhood model, in the following circumstances: (i) the subdivision would have a streetscape more consistent with the neighborhood model; (ii) the subdivision design would allow it to better achieve the density goals of the comprehensive plan; (iii) rear vehicular access to buildings would be provided so that the buildings may face a common amenity; (iv) a significant environmental resource would be protected; or (v) relegated parking would be provided to a greater extent than could otherwise be provided.

 

                        2.         Two-lot subdivision.  The proposed private street(s) would be within a two-lot subdivision.

 

                        3.         General welfare.  The general welfare, as opposed to the proprietary interest of the subdivider, would be better served by the construction of one or more private streets than by the construction of public streets.

 

            B.         By the agent.  The agent may authorize one (1) or more new private streets in the following circumstances:

 

                        1.         Subdivision containing attached dwelling units or non-residential uses. The proposed private street(s) would be in a subdivision containing attached dwelling units or non-residential uses where the units, groups of units, or non-residential uses are to be located on individual lots.

 

                        2.         Family subdivisions.  The proposed private street(s) would be within a family subdivision.  

 

            State law reference--Va. Code § 15.2-2242(3).

 

Sec. 14-234  Procedure for authorization to construct to authorize private road street and related matters.

 

            A request for authorization to construct one or more private roads in a subdivision and for

consideration of a related matter, as provided in sections 14-232 and 14-233, shall be submitted,

processed and approved as provided herein:

 

            Requests under sections 14-232 and 14-233 shall be submitted, processed and acted upon as follows:

           

A.        A subdivider shall submit a request in writing to the agent at the time of the submittal of the preliminary plat, or a later date specified by the agent at the preliminary conference  or may, within the development areas, submit the written request prior to submittal of a preliminary plat or with an application to rezone the land.

 

                        1.         The request shall state the reasons and justifications for the request, and shall particularly address one or more applicable bases for granting the request as identified in sections 14-232 or 14-233, and each of the five findings identified in paragraph (C) required to be made by the commission

 

                                    (a)        The request shall also include: (i) a map of the subdivision having contour intervals of not greater than twenty (20) feet showing the horizontal alignment; (ii) together with field-run profiles and typical cross-sections of the roads proposed streets; (iii) the maximum number of lots to be served by each private street; and (iv) documentation explaining how the perpetual maintenance of the private street including, within the development areas, the curb, curb and gutter, sidewalks, and planting strip landscaping will be funded, and identifying the person or entity that will be responsible for maintaining the improvements.  The county engineer may waive the requirements of for the field-run profile in the case of an existing road street or where deemed appropriate due to topography, or if the topographic map is based on aerial or field collected data with a contour interval accuracy of five (5) vertical feet or better.  A request pursuant to under section 14-232(A)(1) shall include earthwork computations demonstrating significant degradation.

 

                                    (b)        If the request is made prior to submittal of a preliminary plat or with an application to rezone the land, it also shall include: (i) a justification for the request; (ii) a vicinity map showing a larger street network at a scale no smaller than one (1) inch equals six hundred (600) feet; (iii) a conceptual plan at a scale no smaller than one (1) inch equals two hundred (200) feet showing surveyed boundaries of the property; (iv) topography of the property at five (5) foot intervals for the property being subdivided and on abutting lands to a distance of five hundred (500) feet from the boundary line or a lesser distance determined to be sufficient by the agent; (v) the locations of streams, stream buffers, steep slopes, floodplains, known wetlands;  (vi) the proposed layout of streets and lots, unit types, uses, and location of parking, as applicable; (vii) proposed private street profiles; and (vii) the maximum number of lots to be served 

 

                        2.         The agent shall forward the map to the county engineer for review and comment.  When the agent has received comments on the map from the county engineer, the agent shall then consider the request.  The agent shall then proceed as follows:

 

                                    (a)        If the request for a private road street is made pursuant to under sections 14-232(A) or , or is any request made under section 14-232 which includes a request pursuant to section 14-233(A), he may recommend approval, approval with conditions, or denial.  A recommendation of approval or conditional approval shall be accompanied by a statement by the agent as to the public purpose served by the recommendation, particularly in regard to the purpose and intent of this chapter, the zoning ordinance, and the comprehensive plan; or

 

                                    (b)        If the request for a private road street is made pursuant to under section 14-232(B) or 14-233(B), he may approve, approve with conditions, or deny the request.

 

                        3.         The commission shall not consider a request until it has received and considered the recommendation of the agent. 

 

            B.          In considering a request for approval of authorization to construct one or more private roads streets or to grant a waiver, the agent and commission shall consider that: (i) that private roads streets are intended to be the exception to the construction and dedication of public streets. and are intended to promote sensitivity toward the natural characteristics of the land and to encourage the subdivision of land in a manner that is consistent and harmonious with surrounding development. and (ii) absent compelling circumstances, private streets should not cross over dams or bridges or involve other infrastructure that would be reasonably prohibitive to maintain, should not serve as the primary or sole interconnection between the subdivision and abutting property, or serve through traffic by being the connector between two or more public streets.  

 

            C.        The agent and the commission may authorize one or more private roads streets to be constructed in a subdivision if it finds that one or more of the circumstances described in sections 14-232 or 14-233 exists and it determines that:

 

                        1.         The private road street will be adequate to carry the traffic volume which may be reasonably expected to be generated by the subdivision.

 

                        2.         The comprehensive plan does not provide for a public street in the approximate location of the proposed private road street;

 

                        3.         The fee of the private road street will be owned by the owner of each lot abutting the right-of-way thereof or by an association composed of the owners of all lots in the

 

 

subdivision, subject in either case to any easement for the benefit of all lots served by the road street;

 

                        4.         Except where required by the commission to serve a specific public purpose, the private road street will not serve through traffic nor intersect the state highway system in more than one location; and

 

                        5.         If applicable, the private road street has been approved in accordance with section 30.3, flood hazard overlay district, of the zoning ordinance and other applicable law.

 

D.        In considering a request for a private street, the commission may waive Waiver of the requirements of as authorized by section 14-505(A) sections 14-404 and/or 14-412 as provided therein, provided that all of the applicable requirements of sections 14-232, 14-233 and this section are satisfied. 

 

E.         In approving a request for a private street, tThe commission or the agent may impose any condition pertaining to the road private street it deems reasonable and necessary in conjunction with any approval pursuant to this section, including any condition pertaining to the funding or responsibility for maintaining the private street. including the curb, curb and gutter, sidewalks, and planting strip landscaping to be addressed in the maintenance instrument required by section 14-317.

 

(9-5-96, 8-28-74; 1988 Code, § 18-36; Ord. 98-A(1), 8-5-98; § 14-233 (part))

 

            State law reference--Va. Code § 15.2-2242(3).

 

Sec. 14-235 Effect of approval of request for authorization to construct private road street.

 

            If the agent or the commission approves a request for authorization to construct one or more private roads streets in a subdivision, the following requirements shall apply:

 

            A.        The subdivider shall submit a maintenance agreement which satisfies the requirements of as required by section 14-313 14-317.

 

            B.         The final plat shall contain the statement required by section 14-303(N).

 

C.        The subdivider shall provide surety for the completion of the private road street as required by section 14-413 14-435 if the private road street will not be completed prior to approval of the final plat, unless the private street was authorized under sections 14-232(B)(1), 14-232(B)(2), or 14-233(B)(2).

 

D.        Each deed of subdivision, or similar instrument, and each deed conveying a lot within the subdivision shall contain the following statement: “The streets in this subdivision may not meet state standards and will not be maintained by the Virginia Department of Transportation or the County of Albemarle.”

 

(9-5-96, 8-28-74; 1988 Code, § 18-36; Ord. 98-A(1), 8-5-98)

 

            State law reference--Va. Code § 15.2-2242(3).

 

Subdivision 2.  Other Approvals

 

Sec. 14-236 Review for determination of consistency with comprehensive plan.

 

            A preliminary or final plat shall be reviewed to determine whether any public area, facility or use set forth in Virginia Code § 15.2-2232 is in substantial accordance with the comprehensive plan, as provided below:

 

            A.        Any public area, facility or use as set forth in Virginia Code § 15.2-2232 which is within, but not the entire subject of, a preliminary or final plat, shall be deemed a feature already shown on the comprehensive plan and excepted from review under Virginia Code § 15.2-2232, provided that the board of supervisors has by ordinance or resolution defined standards governing the construction, establishment or authorization of the public area, facility or use.

 

B.         Except as provided in paragraph (A), any public area, facility or use as set forth in Virginia Code § 15.2-2232(A) which is within, but not the entire subject of, a preliminary or final plat, shall be reviewed as provided in Virginia Code §§ 15.2-2232(A), (B) and (C).

 

(9-5-96, 1-1-83?; 1988 Code, § 18-17.1; Ord. 98-A(1), 8-5-98)

 

            State law reference--Va. Code § 15.2-2232.

 

Sec. 14-237 Waiver, variation, or substitution of requirement.

 

            The commission may waive, vary or accept substitution for any requirement of sections 14-400 through 14-526, as provided herein:

 

            A.        A subdivider shall submit to the agent a written request which states the reason and justification for the request and all alternatives as the subdivider may propose.  A request shall be submitted prior to review of the preliminary or final plat, but no later than the site review committee revision deadline.

 

            B.         The agent shall review the request and transmit his recommendation of approval, approval with conditions or denial to the commission.  A recommendation of approval or approval with conditions shall be accompanied by a statement from the agent as to the public purpose served by such recommendation, particularly in regard to the purpose and intent of this chapter, the zoning ordinance and the comprehensive plan.

 

            C.        The commission may approve a waiver or variation if it finds that: (i) because of unusual size, topography, shape of the property, location of the property or other unusual conditions, excluding the proprietary interests of the developer, strict application of the applicable requirements would result in significant degradation of the property or land adjacent thereto; (ii) requiring the standard would not forward the purposes of this chapter or otherwise serve the public interest; and (iii) granting the waiver or variation would not be detrimental to the public health, safety or welfare, to the orderly development of the area, to sound engineering practices, or to adjacent land.

 

            D.        The commission may approve a substitution if it finds that by substitution of  technique, design or materials of comparable quality, but differing from those required, the subdivider would achieve results which substantially satisfy the overall purposes of this chapter in a manner equal to or exceeding the desired effects of the requirement otherwise applicable.

 

 

            E.         The subdivider shall have the burden of producing the evidence to enable the commission to make the findings required by paragraphs (C) or (D).

 

            F.         The waiver of any requirement of section 14-514 shall be governed by the procedures set forth in section 14-234.

 

(9-5-96, 8-28-74 (§ 10); 1988 Code, § 18-3; Ord. 98-A(1), 8-5-98)

 

            State law reference--Va. Code § 15.2-2242(1).

 

Sec. 14-238 Changes or revisions to preliminary or final plat.

 

            Changes, revisions or erasures made to a preliminary or final plat shall be made as provided herein:

 

            A.        An approved preliminary or final plat or accompanying data sheet may be changed or revised, including erasures, only with the prior express written authorization by the agent, except when the change has been required by the site review committee or the commission.

 

            B.         An approved final plat which is changed or revised shall be submitted and reviewed as provided in sections 14-213 through 14-227.  The foregoing notwithstanding, the agent, without transmitting the final plat to the site review committee or the commission, may approve minor changes or revisions to the plat if he determines that the plat, as changed or revised: (i) complies with all terms of this chapter and all other applicable laws; (ii) substantially complies with the approved final plat and all conditions of preliminary plat approval; and (iii) will have no additional adverse impact on adjacent land or public facilities.

 

            C.        A final plat changed or revised pursuant to this section shall be signed by the owner or owners of the land being subdivided as provided in section 14-303(O).

 

(Ord. 98-A(1), 8-5-98)

 

            State law reference--Va. Code § 15.2-2241(9).

 

Sec. 14-239 Resubdivision. 

 

Property may be resubdivided without vacation of a recorded plat as provided herein:

 

A.        An application to change a recorded final plat that eliminates, relocates or otherwise alters a lot line shall be submitted and reviewed as provided in sections 14-213 through 14-227, provided that the change does not involve the relocation or alteration of streets, alleys, easements for public passage or other public areas, and provided further that no easements or utility rights-of-way shall be relocated or altered.  An application for a change made during the period of validity of the plat shall not constitute a waiver of any rights of the subdivider existing on the date of approval of the final plat.  The approval of a change shall not extend the period of validity of the original final plat.  This paragraph shall apply to any subdivision plat of record, whether or not recorded prior to the adoption of a subdivision ordinance by the county.

 

            B.         An application to divide a lot or contiguous lots recorded or developed prior to the effective date of section 6.5 of the zoning ordinance shall be submitted and reviewed as provided in sections 14-213 through 14-227.  Notwithstanding the review procedure set forth in sections 14-213 through 14-227, a resubdivision shall not be denied if, in the opinion of the zoning administrator, the resubdivision is substantially more conforming to the requirements of section 4.0, general regulations, of the zoning ordinance and the area and bulk regulations of the zoning district in which the lot or contiguous lots is situated.

 

C.        Nothing in this section limits any right of an owner to apply to vacate a plat or any part thereof, or to relocate its boundary lines, pursuant section 14-240, or to relocate or otherwise alter a boundary line as a rural division.

 

Sec. 14-240 Vacation of plat or part thereof; relocation of boundary lines.

 

            A recorded plat or any part thereof may be vacated, or its boundary lines may be relocated, pursuant to Virginia Code §§ 15.2-2271 through 15.2-2276, as provided herein:

           

A.        An application to vacate a recorded plat, or to relocate its boundary lines, shall be submitted to the agent.

 

            B.         The agent shall review each application for compliance with applicable law.  In conducting his review and prior to acting on the application, the agent shall transmit the application to the site review committee for review and recommendation.

 

            C.        If the application to vacate a recorded plat is proceeding under Virginia Code §§ 15.2-2270(1), 15.2-2271(1) or 15.2-2272(1), the agent shall either grant consent or withhold consent to the vacation upon receipt of the recommendation of the site review committee.  If the agent withholds consent, he shall inform the applicant in writing of the reasons for withholding consent.  The agent shall either mail the notice of withholding of consent by first class mail, or personally deliver it, to the applicant.

 

            D.        If the application to vacate a recorded plat is proceeding under Virginia Code §§ 15.2-2270(2), 15.2-2271(1) or 15.2-2272(2), the agent shall make a recommendation to the board of supervisors as to whether it should vacate the plat by ordinance.  When the agent has developed his recommendation, he shall transmit it and the application to the commission. , which shall consider the recommendation and the application in making its recommendation to the board of supervisors.

 

            E.         If the application is to vacate, relocate or otherwise alter the boundary lines of any lot, the lot shall have been: (i) part of an otherwise valid and properly recorded plat of division approved as provided in this chapter or a prior subdivision ordinance of the county; or (ii) properly recorded prior to the adoption of a subdivision ordinance of the county.  A plat relocating or altering boundary lines shall be executed by the owner as provided in section 14-303.  An application pursuant to this paragraph shall not involve the relocation or alteration of streets, alleys, easements for public passage, or other public areas. 

 

 

 

            F.         An application which proposes to vacate a public street shall also be reviewed to determine whether the vacation is substantially in accord with the adopted comprehensive plan, or part thereof, as provided in section 14-236.

 

            G.        An application shall be acted upon by the agent or the board of supervisors, as the case may be, within the time period set forth in section 14-214.

 

            H.        The vacation of a recorded plat shall operate to destroy the force and effect of the recording of the plat so vacated, or any portion thereof, and to divest all public rights in, and to reinvest in the owners, proprietors and trustees, if any, the title to the streets, alleys, easements for public passage and other public areas laid out or described in the plat.

 

(Ord. 98-A(1), 8-5-98)

 

            State law reference--Va. Code §§ 15.2-2241(9), 15.2-2270 through 15.2-2276.

 

Sec. 14-241 14-236 Circumstances wWhen shared driveways and alleys may be authorized.

 

A shared driveway or alley may be authorized as provided herein follows:

 

A.        The agent may authorize a subdivision to be developed with one or more shared driveways in a development area designated in the land use element of the comprehensive plan when private road  or public street frontage meeting the road street frontage requirements of the zoning district exists or is to will be provided to both lots.

 

B.         The agent may authorize a subdivision to be developed with one or more alleys in a development area designated in the land use element of the comprehensive plan the development areas when private road or public road street frontage meeting the road frontage requirements of the zoning district exists or is to will be provided for all lots to be served by the alley(s).

 

C.        Where alleys are authorized, vehicular access to the interior of a lot driveways shall be provided only from the alley unless otherwise approved by the agent for cases such as, but not limited to, corner lots or lots where access is prevented by topographical constraints.

 

(Ord. 02-14(1), 2-6-02, § 14-241)

 

Article III.  Subdivision Plat Requirements and Documents to be Submitted

 

Division 1.  Plat Requirements

 

Sec. 14-300 Persons authorized to prepare plat.

 

A Each plat shall be prepared by a professional engineer or a land surveyor, to the limits of his license.

 

(9-5-96, 5-3-79, 8-28-74; 1988 Code, § 18-45; Ord. 98-A(1), 8-5-98)

 

            State law reference--Va. Code § 15.2-2262.

 

Sec. 14-301 Form and style of preliminary and final plats.

 

            Each preliminary and final subdivision plat shall comply with the following:

 

            A.        Each preliminary and final The plat shall meet the standard for plats set forth in Virginia Code § 42.1-82.

 

            B.         In addition to the requirements of paragraph (A), a final plat shall: (i) be drawn to a scale that adequately and clearly depicts the contents required by section 14-303; (ii) comply with the sheet size and inscription standards of Library of Virginia Standard 440-01-137.6: Standards for Plats, a current copy of which shall be on file in the department of engineering and public works; and (iii) shall be in a form acceptable for recordation by the clerk of the circuit court of the county.

 

B.         The plat shall be drawn to a scale of one (1) inch equals fifty (50) feet or to such scale as may be approved by the agent in a particular case.

 

C.        The plat shall be prepared on one (1) or more sheets, provided that no sheet shall exceed twenty-four (24) inches by thirty-six (36) inches in size, and further provided that if the plat is prepared on more than one (1) sheet, match lines shall clearly indicate where the several sheets join.

 

D.        The top of each sheet shall be approximately north.

 

E.         The plat shall be in a form acceptable for recordation by the clerk of the circuit court of the county.

 

(§ 18-45, 9-5-96, 5-3-79, 8-28-74; § 18-51, 9-5-96, 8-28-74 (§ 7); § 18-55, 9-5-96, 2-4-81, 8-28-74 (§ 8); 1988 Code, §§ 18-45, 18-55; Ord. 98-A(1), 8-5-98) 

 

            State law reference--Va. Code § 15.2-2241(1).

 

Sec. 14-302 Contents of preliminary plat.

 

A preliminary plat shall contain the following information:

 

A.        Name of subdivision. The title under which the subdivision is proposed to be recorded.

 

            B.         Identification of all owners and certain interest holders. The names and addresses of each owner of record and holders of any easements affecting the property.

 

C.        Name of plat preparer. The name of the person who prepared the plat.

 

 

 

D.        General information. The date of drawing; the number of sheets; the north point; and the scale.  If true north is used, the method of determination shall be shown.   

 

E.         Vicinity sketch.  A sketch showing the property and its relationship with adjoining land and streets, its relationship with landmarks in the area and, if the subdivision is a phased subdivision, all other phases of the subdivision for which a final plat has been approved, in detail adequate to describe location of the property without field review.

 

F.         Existing or platted streets, easements and natural streams. The location, width and names of all existing or platted streets, easements and natural streams, and all other rights-of-way and easements.

 

G.        Proposed streets, alleys, lots, building lines and easements. The location and dimensions of proposed streets, alleys, lots, building lines, and easements, including a boundary survey or existing survey of record in accordance with the requirements of section 14-303(E).

 

H.        Land to be dedicated or reserved. The location of all land intended to be dedicated, or reserved for public use, or to be reserved in the deed for the common use of lot owners in the subdivision.

 

I.          Public areas, facilities or uses. The location of all areas shown in the comprehensive plan as proposed sites for public areas, facilities or uses, as described in Virginia Code § 15.2-2232, which are located wholly or in part within the property.

 

J.          Flood plain.  The location of any part of the property within the flood hazard overlay district, as set forth in section 30.3 of the zoning ordinance.

 

            K.        Place of burial. The location of any grave, object or structure marking a place of burial located on the property.

 

L.         Existing and departing lot lines. If the property consists of more than one existing lot, then the identification of the existing lots and their outlines, which shall be indicated by dashed lines; and, the location of departing lot lines of abutting lots.

 

M.        Proposed lots. The number, approximate dimensions, and area of each proposed lot.

 

N.        Building sites on proposed lots. The location, area and dimensions of a lawful building site on each proposed lot.  For any proposed lot within, in whole or in part, the mountain overlay district, as set forth in section 30.8 of the zoning ordinance, all lawful building sites shall be shown on each proposed lot.

 

O.        Right of further division of proposed lots. The number of lots, as assigned by the subdivider, into which each proposed lot may be further divided by right pursuant to section 10.3.1 of the zoning ordinance, if applicable.

 

P.         Instrument creating property proposed for subdivision. The deed book and page citation of the instrument whereby the property was created.

 

Q.        Zoning classification. The zoning classification of the property, including all applicable zoning overlay districts, proffers, special use permits and variances.

 

R.         Tax map and parcel number. The county tax map and parcel number of the property.

 

S.         Drainage district.  If applicable, a statement that some or all of the property lies in a drainage district.

 

T.         Topography.  The topography of the property prior to development and the area at least two hundred (200) feet outside of the property, with a contour interval of not greater than five (5) feet on those parts of the property up to a twenty (20) percent slope, and with a contour interval of not greater than ten (10) feet on those parts of the property of a twenty (20) percent slope or greater; proposed grading, with a contour interval of not greater than five (5) feet, supplemented where necessary by spot elevations; identification of all parts of the property of a twenty-five (25) percent slope or greater; the source of the topography.

 

A.        A preliminary plat shall contain the following information, which must be included in order for a preliminary plat to be deemed complete under section 14-216(B):

 

1.         Name of subdivision. The title under which the subdivision is proposed to be recorded.  The title shall not duplicate or be a homonym of an existing or reserved subdivision name within the county, the City of Charlottesville, or the Town of Scottsville, except if the subdivision is an extension of an existing subdivision.

 

            2.         Vicinity map. A map at a scale of one (1) inch equal to two thousand (2,000) feet showing the property and its relationship with adjoining land and streets, its relationship with landmarks in the area and, if the subdivision is a phased subdivision, all other

phases of the subdivision for which a final plat has been approved, in detail adequate to describe the location of the property without field review.

 

3.         Existing or platted streets. The location, width and names of all existing or platted streets and all other rights-of-way.

 

4.         Private easements. The location and dimensions of all existing and proposed private easements.  Existing easements shall be labeled with the deed book and page number and the name of the owner of record.  

 

5.         Public easements. The location and dimensions of all existing and proposed public easements outside of a street right-of-way.  Existing easements shall be labeled

with the deed book and page number and the name of the public owner of record.  Proposed easements shall be labeled as “dedicated to public use.”

 

6.         Alleys and shared driveways. The location and dimensions of all easements for alleys and shared driveways.

 

7.         Existing and departing lot lines. If the property consists of more than one existing lot, then the identification of the existing lots and their outlines, which shall be indicated by dashed lines; and, the location of departing lot lines of abutting lots.

 

8.         Proposed lots. The number, approximate dimensions, and area of each proposed lot.

 

9.         Building sites on proposed lots. The location, area and dimensions of a  building site on each proposed lot complying with the requirements of section 4.2 of the zoning ordinance.  The plat shall also contain the following note: “Parcel [letter or number] and the residue of Tax Map/Parcel [numbers] each contain a building site that complies with section 4.2.1 of the Albemarle County Zoning Ordinance.”

 

10.       Right of further division of proposed lots. The number of lots, as assigned by the subdivider, into which each proposed lot may be further divided by right pursuant to section 10.3.1 of the zoning ordinance, if applicable.  The plat shall also contain the following note: “Parcel [letter or number] is assigned [number] development rights and may/may not be further divided and when further divided these rights shall not comprise more than [number] acres.  The residue of Tax Map/Parcel [numbers] is retaining [number] development rights and when further divided it shall not consist of more than [number] acres.”

 

11.       Instrument creating property proposed for subdivision. The deed book and page number of the instrument whereby the property was created, as recorded in the office of the clerk of the circuit court of the county.

 

12.       Topography.  Existing topography at the time of plat submittal at up to twenty [20] percent slope, maximum five [5] foot contours.  The source of topography, including survey date and name of the licensed professional; or a statement that topography data provided by the county was used  Proposed grading (maximum five [5] foot contours) supplemented where necessary by spot elevations; areas of the site where existing slopes are twenty-five (25) percent or greater.  Existing topography for the entire site with sufficient offsite topography to describe prominent and pertinent offsite features and physical characteristics, but in no case less than fifty (50) feet outside of the site unless otherwise approved by the agent.

 

13.       Proposed facilities.  The location of proposed water and sewer lines and related improvements; proposed drainage and stormwater management facilities and related improvements.

 

14.       Land to be dedicated in fee or reserved. The location, acreage, and current owner of all land intended to be dedicated in fee or reserved for public use, or to be reserved in a deed for the common use of lot owners in the subdivision.

 

15.       Identification of all owners and certain interest holders. The names and addresses of each owner of record and holders of any easements affecting the property.

 

B.         A preliminary plat shall also contain the following information, provided that the preliminary plat shall not be deemed incomplete for purposes of section 14-216(B) if it does not include this information in the initial plat submittal:

 

1.         General information. The date of drawing, including the date of the last revision, the number of sheets, the north point, and the scale.  If true north is used, the method of determination shall be shown.

 

2.         Name of plat preparer. The name of the person who prepared the plat.

 

3.         Public areas, facilities or uses. The location of all areas shown in the comprehensive plan as proposed sites for public areas, facilities or uses, as described in Virginia Code § 15.2-2232, which are located wholly or in part within the property.

 

4.         Places of burial. The location of any grave, object or structure marking a place of burial located on the property.

 

5.         Zoning classification. The zoning classification of the property, including all applicable zoning overlay districts, proffers, special use permits and variances.

 

6.         Tax map and parcel number. The county tax map and parcel number of the property.

 

7.         Reservior watershed; agricultural-forestal district.  A notation as to whether the land is within an Albemarle County and/or City of Charlottesville water supply watershed or an agricultural-forestal district.

 

8.         Yards.  The location of all yards required by this chapter and the zoning ordinance, which may be shown graphically or described in a note on the plat.

 

9.         Flood plain.  The location of any part of the property within the flood hazard overlay district, as set forth in section 30.3 of the zoning ordinance.

 

10.       Stream buffers.  The location of stream buffers required by section 17-317 of the water protection ordinance, with the following note:  “The stream buffer(s) shown hereon shall be managed in accordance with the Albemarle County Water Protection Ordinance.”

 

(9-5-96, 2-4-81, 8-28-74; 1988 Code, § 18-52; Ord. 98-A(1), 8-5-98)

 

            State law reference--Va. Code §§ 15.2-2241(1), 15.2-2258, 15.2-2262.

 

Sec. 14-303 Contents of final plat.

 

            In addition to containing all of the information required by section 14-302, except for the information required by sections 14-302(L) and 14-302(T) 14-302(A)(12), a final plat shall contain the following information:

 

           

 

            A.        Statement of consent to division. A statement that: “The division of the land described herein is with the free consent and in accordance with the desire of the undersigned owners, proprietors and trustees.  Any reference to future potential development is to be deemed as theoretical only.  All statements affixed to this plat are true and correct to the best of my knowledge.”

 

            B.         Section name or number. The name or number of the section if the property is a part of a larger piece of land.

 

            C.        Boundary lines. The exterior boundary lines of the property with bearings in degrees, minutes and seconds.  Curvilinear data shall include radius, central angle, arc length, and tangent distance.  All dimensions shall conform to the standards set forth in this chapter. 

 

            D.        Acreage of lots. The total acreage of each existing lot and each proposed lot.

 

            E.         Dimension standards and information on all lots, streets, alleys, easements, and shared driveways.  All linear, angular, and curvilinear dimensions of lots, streets, alleys, public easements and private easements and shared driveways shall conform to the requirements set forth in 18 VAC 10-10-370(C), a copy of which shall be on file in the department of engineering and public works.  Curvilinear data shall include radius, central angle, arc length, and tangent distances and may be shown either directly on the corresponding boundary or surveyed line or in table form.  If eEasements are shown for private streets, alleys and shared driveways, they shall be labeled as “private street easement”, “alley easement” or “shared driveway easement.”  The easement holder(s) shall be identified on the plat.  If alleys are shown, a maintenance agreement meeting the standards of section 14-313 shall be provided.  If shared driveways are shown, a note shall be added to the plat stating that maintenance shall be by the owners of the lots affected by the shared driveway easement, not by VDOT the Virginia Department of Transportation or the Ccounty.

 

            F.         Lot numbers Identification of sections, blocks and lotsThe lot numbers, in numerical order, and block identification  Sections (phases) shall be identified by numbers; blocks shall be identified by letters; lots shall be identified by numbers, assigned in numerical order.

 

            G.        Setback lines. The location of all minimum building setback lines specified in this chapter and the zoning ordinance, with the area in square feet.  Ownership of common areas.  The intended ownership of all common areas.

 

            H.        Monuments. The location and material of all permanent reference monuments.  Monuments found or installed prior to plat recordation may be referred to if they are permanent and undisturbed.  If any monument required by this chapter will be installed after recordation of the final plat, the certification of the professional engineer or land surveyor shall so note.

 

            I.          Bearing and distance ties. A definite bearing and distance tie between not less than two (2) permanent monuments on the exterior boundary of the property and further tie to existing street intersection where possible and reasonably convenient.

 

            J.          Restrictions. Restrictions imposed in conjunction with the approval of the preliminary plat and their period of existence.  If the length of a restriction makes its inclusion on the final plat impractical, and does not necessitate the preparation of a separate instrument, reference shall be made to the restriction on the final plat.

 

            K.        Temporary cul-de-sacs turnarounds. The location of temporary cul-de-sacs turnarounds, if needed, with the following accompanying note: “The area on this plat designated as a temporary cul-de-sacs turnaround will be constructed and used as other streets in the subdivision until (street name) is/are extended to (street name), at which time the land in the temporary cul-de-sac turnaround area will be abandoned for street purposes and will revert to adjoining property owners in accordance with specific provisions in their respective deeds.”

 

            L.         Public utility and drainage easements. The location of all public utility and drainage easements outside the right-of-way of public streets and private roadsPublic utility, drainage and sight distance easements.  The location and dimensions of each public utility, drainage and sight distance easement outside of a street right-of-way; for each existing easement, include a note stating the deed book and page number.

 

            M.        Street and road names. The name of each public street and private road proposed street, which names shall be reviewed and approved subject to approval by the agent.

 

            N.        Statement pertaining to private roads streets. If the subdivision will contain one or more private roads streets, the following statement: “The streets in this subdivision may not meet the standards for acceptance into the secondary system of state highways and will not be maintained by the Virginia Department of Transportation or the County of Albemarle.”

 

O.        Signature panels. Signature panels for the each owner and for the agent or his designee.  The signature panel for the owner shall be located immediately below the statement required by paragraph (A).

 

            P.         Notary panels. Notary panels for the notary to acknowledge the signature of the owner.

 

            Q.        Water supply.  A statement as to whether the subdivision will be served by a public water supply and a public sewer system.  If the property is not within the service authority jurisdictional area, the following statement: “Under current county policy, public water and/or sewer service will not be available to this property.”

 

            R.         Parent  parcel access.  If the subdivision is in the rural areas, the following statement, unless a waiver is granted as provided in section 14-404: “All subsequent divisions of the residue shall enter only onto such street(s) shown on the approved final plat and shall have no immediate access onto to any public street.”

 

            S.         Control points.  At least four (4) control points, evenly distributed across the property and located at survey property corners, and shown on each sheet depicting the property.  At the option of the subdivider, the control points may be shown on a copy of the final plat, rather than on the original final plat.     

 

 

(9-5-96, 2-4-81, 8-28-74 (§ 8); 1988 Code, § 18-55; Ord. 98-A(1), 8-5-98; Ord. 02-14(1), 2-6-02)

 

                State law reference--Va. Code §§ 15.2-2241(1), 15.2-2262, 15.2-2264.

 

Division 2.  Documents and Information to be

Submitted with Preliminary or Final Plat

 

Sec. 14-304 Drainage control information.

 

            The subdivider shall submit with each preliminary plat all contour maps, conceptual or preliminary drainage plans, information pertaining to drainage control facilities and drainage control measures, and any other information required by the agent to determine what improvements will be required to provide adequate drainage control with each preliminary plat.  The contour intervals shown on a contour map shall not exceed five (5) feet and shall be at lesser intervals if required by the agent.

 

(9-5-96, 1-3-96, 2-4-81, 12-20-78, 8-28-74 (§ 3); 1988 Code, § 18-22; Ord. 98-A(1), 8-5-98)

 

            State law reference--Va. Code §§ 15.2-2241(3), 15.2-2262.

 

Sec. 14-304 Request for critical slopes waiver.

 

If a critical slopes waiver is requested and has not been previously approved, the subdivider shall submit with each preliminary plat or, if none, with each final plat, a written request and justification under section 4.2.5 of the zoning ordinance for a waiver authorizing the disturbance of critical slopes.

 

Sec. 14-305 Stormwater management information.

 

            At the time the subdivider submits a preliminary plat, he shall submit to the department of engineering and public works a stormwater management/BMP plan for review and approval, as provided in the water protection ordinance The subdivider shall submit with each preliminary plat or, if none, with each the final plat:

 

A.        Removal rate computations and project drainage area maps as described in the design standards manual to support conceptual stormwater management/BMP plans.  In addition, the subdivider shall submit a written request and justification for any waiver of water detention requirements allowed by the water protection ordinance, if such a waiver is needed.

 

B.         If applicable, a mitigation plan as provided in section 17-322 of the water protection ordinance.

 

(Ord. 98-A(1), 8-5-98)

 

            State law reference--Va. Code §§ 15.2-2241(3), 15.2-2262.

 

 

Sec. 14-306 Sketch plans for utilities, bridges and culverts.

 

            The subdivider shall submit with each preliminary plat preliminary sketch plans for all utilities, bridges and culverts.  The preliminary sketch plans for utilities shall indicate describe the provisions for all utilities including, but not limited to, the proposed method of accomplishing drainage, water supply, and sewage disposal.

 

(9-5-96, 2-4-81, 8-28-74; 1988 Code, § 18-52; Ord. 98-A(1), 8-5-98)

 

            State law reference--Va. Code §§ 15.2-2121, 15.2-2241(2), 15.2-2241(4), 15.2-2262, 15.2-2269.

 

Sec. 14-306 Private streets information.

 

If authorization for one or more private streets is requested and has not been previously approved as provided by section 14-234, the subdivider shall submit with each preliminary plat or, if none, with each final plat, the information required to support authorization under the applicable requirements of sections 14-232, 14-233, and 14-234(A).

 

Sec. 14-307 Statements of availability of services.

 

            The subdivider shall submit with each preliminary plat written and signed statements of

the appropriate officials concerning the availability of public water and public sewer to the subdivision.

 

(9-5-96, 2-4-81, 8-28-74; 1988 Code, § 18-52; Ord. 98-A(1), 8-5-98)

 

            State law reference--Va. Code §§ 15.2-2121, 15.2-2241(4), 15.2-2262.

 

Sec. 14-307  Reserved.

 

Sec. 14-308 Flood plain and topographic information.

 

            The subdivider shall submit with each preliminary plat flood plain and topographic information in a form acceptable to the county engineer which demonstrates:

 

A.        For each natural stream with an upstream drainage area of fifty (50) acres or more, the flood plain limits for the a one hundred (100) year storm; provided that the county engineer may waive this requirement for drainage areas of less than one hundred (100) acres upon his determination that the information is unnecessary for review of the proposed preliminary plat.

 

            B.         That the property contains sufficient land upon which to place structures without impeding natural drainage.

 

            C.        The flood plain limits, elevations, and flood plain profiles, if flood plain profiles are determined by the county engineer to be necessary.

 

(9-5-96, 12-15-82, 8-28-74 (§ 3); 1988 Code, § 18-21; Ord. 98-A(1), 8-5-98) 

 

                State law reference--Va. Code §§ 15.2-2241(3), 15.2-2262.

 

Division 3.  Documents and Information to be Submitted with Final Plat

 

Sec. 14-308 Flood plain and topographic information.

 

            The subdivider shall submit with each final plat flood plain and topographic information in a form acceptable to the county engineer which demonstrates:

 

A.        For each natural stream with an upstream drainage area of fifty (50) acres or more, the flood plain limits for a one hundred (100) year storm; provided that the county engineer may waive this requirement for drainage areas of less than one hundred (100) acres upon his determination that the information is unnecessary for review of the proposed final plat.

 

            B.         The property contains sufficient land upon which to place structures without impeding natural drainage.

 

C.        The flood plain limits, elevations, and flood plain profiles and cross-sections, if flood plain profiles and cross-sections are determined by the county engineer to be necessary.

 

(9-5-96, 12-15-82, 8-28-74 (§ 3); 1988 Code, § 18-21; Ord. 98-A(1), 8-5-98) 

 

                State law reference--Va. Code §§ 15.2-2241(3), 15.2-2262.

 

Sec. 14-308.1  Groundwater assessment information.

 

            Groundwater assessments required by section 17-402 shall be initiated by the program authority upon the submittal of the preliminary plat.  The draft groundwater management plans and acquifer testing workplans required by sections 17-403 and 17-404, as applicable, shall be submitted in conjunction with the submittal of the preliminary plat.  The requirements of sections 17-402, 17-403 and 17-404 shall be satisfied prior to final plat approval.

 

(Ord. 04-14(1), adopted 12-8-04, effective 2-8-05)

 

                State law reference – Va Code §15.2-2121.

 

Sec. 14-309 Soil evaluations.

 

The subdivider shall submit, prior to or with the final plat, the results of percolation tests  or other methods of soil evaluation used to determine the suitability of the soil for septic systems with subsurface disposal, if septic systems provided in section 14-518 are proposed to be utilized in the development of the subdivision, and the results are requested by the agent.  These results shall also be submitted by the subdivider to the health director.

 

The subdivider shall submit to the agent with each final plat the results of percolation tests or other methods of soil evaluation used to determine the suitability of the soil for septic systems with conventional drain fields, if septic systems are proposed to be used in the development of the subdivision, and the results are requested by the agent.  These results shall  be forwarded by the agent to the health director.

 

(9-5-96, 8-28-74; 1988 Code, § 18-23; Ord. 98-A(1), 8-5-98)

 

            State law reference--Va. Code §§ 15.2-2241(3), 15.2-2262.

 

Sec. 14-310 Preliminary opinion of health director.  Health director approval of  individual private wells and/or septic systems.

 

            The subdivider shall submit, prior to or with the final plat, a preliminary opinion of the health director regarding the suitability of the property for the utilization of septic systems with subsurface disposal, if the method of sewage disposal is proposed to be utilized in the development of the subdivision.  If required as a condition of final plat approval, a final plat shall not be approved if individual private wells are proposed for the subdivision until written approval has been received from the health director by the agent.  A final plat shall not be approved if septic systems are proposed for the subdivision until written approval has been received from the health director by the agent as follows:

 

            A.        The health director shall determine the suitability of the soil of each lot of the subdivision for which septic systems with a conventional drain field will be constructed, and shall submit his opinion to the agent.

 

            B.         The health director may require as a condition of his approval of the installation of septic systems and, whenever necessary for the satisfactory installation of the septic systems, that individual lots be graded and drained so as to assure the effective removal of surface water from each lot.

 

(Ord. 98-A(1), 8-5-98)

 

            State law reference--Va. Code §§ 15.2-2242(2), 15.2-2262.

 

Sec. 14-311 Approved erosion and sediment control plan or other evidence.

 

The subdivider shall submit, prior to or with the final plat, evidence satisfactory to the agent that an erosion and sediment control plan has been approved by the county engineer for the subdivision, or that an approved plan is not required.

 

(9-5-96, 4-21-76, 8-28-74; 1988 Code, § 18-24; Ord. 98-A(1), 8-5-98)

 

            State law reference--Va. Code § 10.1-565.

 

Sec. 14-311  Infrastructure improvement plans, computations and documents.

 

            The subdivider shall submit with each final plat detailed plans, computations and necessary supporting documents for all physical improvements including, but not limited to, road plans, drainage plans and computations, erosion and sediment control plans and stormwater management plans and computations as required by the water protection ordinance, landscape plans, water and sewer plans and computations as required by the service authority, flooding computations and plans if applicable, and any other documents deemed necessary by the county engineer.  The plans, computations and necessary supporting documents shall also be submitted to other appropriate agencies

 

            State law reference--Va. Code § 15.2-2241.

 

Sec. 14-312  Previously approved plans and existing features and improvements

 

            The subdivider shall submit, prior to or with the final plat, all previously approved plans for public streets or private roads, including cross sections and profiles, water systems and sewage systems, drainage courses, drainage control, erosion and sedimentation control measures, and stormwater management.  The subdivider shall submit, prior to or with the final plat, plans for all existing sewers, water mains, culverts and other underground structures within the property, showing all pipe sizes, invert elevations and grades and computations as may be required by the agent.

           

(9-5-96, 2-4-81, 8-28-74 (§ 8); 1988 Code, § 18-55; Ord. 98-A(1), 8-5-98)

 

            State law reference--Va. Code § 15.2-2262.

 

Sec. 14-312  Location of existing buildings.

 

            The subdivider shall submit with the final plat a survey showing the location of all existing buildings on the land to be subdivided within fifty (50) feet of a proposed lot line or a proposed street.

 

            State law reference--Va. Code § 15.2-2241.

 

Sec. 14-313 Instrument evidencing maintenance of certain improvements.

 

If the subdivision will contain one (1) or more private roads, alleys, or any water system, sewerage system, stormwater management facility, open space, common area, street or road sign, or other improvement, individually and collectively referred to herein as the “improvement,” which are not to be maintained by the county or any authority or other public agency, the subdivider shall submit with the final plat an instrument evidencing the continuing maintenance of the improvement, as provided herein:

 

A.        The instrument shall, at a minimum: (i) have a statement that the improvement shall be maintained in perpetuity to assure that it remains in substantially the condition it was in when approved by the county; (ii) identify the standard to which the improvement will be maintained; (iii) identify the timing or conditions warranting maintenance of the improvement; (iv) state a means to collect debt; (v) state a method for prorating expenses among the lot owners, including if and when there is further division of any lot or the number of units per lot increases; (vi) have a statement that no public agency, including the Virginia Department of Transportation and the county, will be responsible for maintaining the improvement; and (vii) identify the plat to which the instrument applies.

 

B.         If the instrument pertains to the maintenance of one or more private roads or alleys, it shall contain, in addition to the contents required by paragraph (A), a statement that for purposes of the instrument, maintenance shall include maintenance of the roads, alleys, curbs, gutters, drainage facilities, utilities or other road improvements, and the prompt removal of snow, water, debris, or any other obstruction so as to keep the road or alley reasonably open for usage by all vehicles, including emergency services vehicles.

 

C.        The instrument shall be subject to review and approval by the county attorney and shall be in a form and style so that it may be recorded in the office of the clerk of the circuit court of the county.

 

D.        For purposes of this section, the term “to maintain,” or any derivation of that verb, shall include maintenance, replacement, reconstruction and the correction of defects or damage.

 

E.         Nothing in this section shall affect the rights of the county reserved under section 14-403.

 

(§ 18-7, 9-5-96, 12-21-83; § 18-36 (part), 9-5-96, 8-28-74; 1988 Code, § 18-7, 18-36; Ord. 98-A(1), 8-5-98; Ord. 02-14(1), 2-6-02)

 

Sec. 14-313 Overlot grading plan.

 

            If the subdivision will create lots within the development areas, any one of which is less than one hundred (100) feet in width or twenty thousand (20,000) square feet in area and such lots will be used for establishing single family detached or attached dwelling units, the subdivider shall submit with the final plat an overlot grading plan showing existing and proposed topographic features to be considered in the development of the proposed subdivision, and that also satisfies the following:

 

            A.        The plan shall show all proposed streets, building sites, surface drainage, driveways, trails, and other features the county engineer determines are needed to verify that the plan satisfies the requirements of this section.

 

B.         The plan shall be drawn to a scale not greater than one (1) inch equals fifty (50) feet.

 

C.        All proposed grading shall be shown with contour intervals not greater than two (2) feet.  All concentrated surface drainage over lots shall be clearly shown with the proposed grading.  All proposed grading shall be shown to assure that surface drainage can provide adequate relief from the flooding of dwellings in the event a storm sewer fails.

 

D.        Graded slopes on lots proposed to be planted with turf grasses (lawns) shall not exceed a gradient of three (3) feet of horizontal distance for each one (1) foot of vertical rise or fall (3:1).  Steeper slopes shall be vegetated with low maintenance vegetation as determined to be appropriate by the program authority in its approval of an erosion and sediment control plan for the land disturbing activity.  These steeper slopes shall not exceed a gradient of two (2) feet of horizontal distance for each one (1) foot of vertical rise or fall (2:1), unless the county engineer finds that the grading recommendations for steeper slopes have adequately addressed the impacts.

 

            E.         Surface drainage may flow across up to three (3) lots before being collected in a storm sewer or directed to a drainage way outside of the lots. 

 

            F.         No surface drainage across a residential lot shall have more than one-half (1/2) acre of land draining to it.

 

            G.        All drainage from streets shall be carried across lots in a storm sewer to a point beyond the rear of the building site.

 

            H.        The plan shall demonstrate that driveways to lots will not be steeper than twenty (20) percent unless certified by an engineer that the driveway at the proposed steepness would be safe and convenient for vehicles (including emergency vehicles) to use the driveway, and shall include grading transitions at the street that the agent determines will allow passenger vehicles to avoid scraping the vehicle body on the driveway or the street.  Additionally, the driveway grading shall provide an area in front of the proposed garage, or an area proposed for vehicle parking where no garage is proposed, that is not less than eighteen (18) feet in length that will be graded no steeper than eight (8) percent.   

 

I.          The plan shall demonstrate that an area at least ten (10) feet in width, or to the lot line if it is less than (10) feet, from the portion of the structure facing the street, has grades no steeper than ten (10) percent adjacent to possible entrances to dwellings that will not be served by a stairway.  This graded area also shall extend from the entrances to the driveways or walkways connecting the dwelling to the street.

 

            J.          Any requirement of this section may be waived by the agent as provided in section 14-224.1.  A request for a waiver may be made with the submittal of a preliminary plat.  In reviewing a waiver request, the agent shall consider the recommendation of the county engineer as to whether an alternative proposed by the subdivider satisfies the purpose of the requirement to be waived to at least an equivalent degree.  In approving a waiver, the agent shall find that requiring compliance with the requirement of this section would not forward the purposes of this chapter or otherwise serve the public interest; and granting the waiver would not be detrimental to the public health, safety or welfare, to the orderly development of the area, and to the land adjacent thereto.

 

                State law reference--Va. Code §§ 10.1-570, 15.2-2241(3).

           

Sec. 14-314 Identification of all interests of the county in property.

 

            The subdivider shall submit, prior to or with the final plat, a plan which shows all rights-of-way, easements or other interests of the county and or any authority in the property which within the subdivision that would be terminated and extinguished by recordation of the final plat, as provided in section 14-411 14-433.

 

(Ord. 98-A(1), 8-5-98)

 

            State law reference--Va. Code §§ 15.2-2262, 15.2-2265.

 

Sec. 14-315 Revised master phasing plan.

 

If the subdivision is a phased subdivision, the subdivider shall submit prior to or with the final plat, a revised master phasing plan that complies with the requirements of section 14-215(B) and which shows the final plan for the phase for which the final plat is submitted.

 

(Ord. 98-A(1), 8-5-98)

 

            State law reference--Va. Code §§ 15.2-2241(5), 15.2-2262.

 

Sec. 14-315  Reserved.

 

Sec. 14-316 Approval of entrance onto public streets.

 

            The subdivider shall submit, prior to or with the final plat, evidence satisfactory to the agent that the entrance of the principal means of access for each lot onto any existing or proposed public street complies with Virginia Department of Transportation standards.

 

Sec. 14-317 Instrument evidencing maintenance of certain improvements.

 

If the subdivision will contain one (1) or more improvements that are not to be maintained by the county or any authority or other public agency, the subdivider shall submit with the final plat an instrument assuring the perpetual maintenance of the improvement, as follows:

           

            A.        The instrument shall, at a minimum:

 

                        1.         Identify the plat to which the instrument applies; if the plat has been recorded, the identification shall include a deed book and page number.

 

                        2.         State that the improvement will be maintained in perpetuity.

 

3.         State that the improvement will be maintained to a standard that, at a minimum, assures that it will remain in substantially the condition it was in when approved by the county; for a private street, shared driveway, or alley, the instrument also shall state

verbatim: “The travelway shall at all times be maintained so that it is safe and convenient for passenger automobiles and emergency vehicles at all times except in severe temporary weather conditions.”

 

4.         If the instrument pertains to the maintenance of one or more private streets, alleys or shared driveways, it shall define “maintenance” by stating verbatim: “For purposes of this instrument, ‘maintenance’ includes the maintenance of the private streets or alleys, and all curbs, curbs and gutters, drainage facilities, utilities, dams, bridges and other private street improvements, and the prompt removal of snow, water, debris, or any other obstruction so as to keep the private street or alley reasonably open for usage by all vehicles, including emergency services vehicles.”

 

5.         Describe the condition of the improvement when it was approved by the county.

 

            6.         Identify the timing or conditions warranting maintenance of the improvement.

 

7.         State a means to collect funds necessary for the cost of maintaining the improvement; at a minimum, the means stated shall include the right of any landowner subject to the instrument to record a lien against a non-contributing landowner, to bring an action at law to collect the funds, or both.

 

            8.         Describe how maintenance costs will be prorated among the landowners subject to the instrument (e.g., “equally,” or on a percentage basis); if any lot within the subdivision may be further divided, the instrument shall also describe how maintenance costs will be prorated among the landowners after division.

 

9.         State verbatim: “No public agency, including the Virginia Department of Transportation and the County of Albemarle, Virginia, will be responsible for maintaining any improvement identified herein.”

 

B.         The instrument shall be subject to review and approval by the county attorney and shall be in a form and style so that it may be recorded in the office of the clerk of the circuit court of the county.  The agent may require that the instrument be on a form prepared by the county attorney.

 

C.        For purposes of this section, the term “to maintain,” or any derivation of that verb, includes the maintenance, replacement, reconstruction and correction of defects or damage.

 

D.        Nothing in this section shall affect the rights of the county reserved under section 14-440.

 

(§ 18-7, 9-5-96, 12-21-83; § 18-36 (part), 9-5-96, 8-28-74; 1988 Code, § 18-7, 18-36; Ord. 98-A(1), 8-5-98; Ord. 02-14(1), 2-6-02, § 14-313)

 

Article IV.  Minimum On-site Improvements and Design

Division 1.  Improvements

 

Sec. 14-400 On-site improvements.

 

Each plat for subdivision shall be approved on the condition that the subdivision shall have the following on-site improvements which satisfy the minimum design requirements set forth in sections 14-500 through 14-526, as applicable and required:

 

A.        A network of public streets, or private roads;

 

B.         Safe and adequate ingress and egress from the subdivision to a public street;

 

C.        Traffic signalization and control;

 

D.        Drainage control;

 

E.         Stormwater management;

 

F.         Water; 

 

G.        Sewerage;

 

H.        Community facilities; 

 

I.          Structures to ensure stability of critical slopes;

 

J.          Fire protection improvements;

 

K.        Landscaping for double frontage lots;

 

L.         Sidewalks and pedestrian walkways on one (1) or both sides of a public street or private road: (i) in a residential subdivisions of a proposed density of two (2) or more dwelling units per acre and in commercial and industrial developments wherever determined by the agent or commission to be reasonably necessary to protect the public health, safety or general welfare.

 

M.        Signs identifying public street and private road names.

 

(Ord. 98-A(1), 8-5-98)

 

            State law reference--Va. Code §§ 15.2-2019, 15.2-2121, 15.2-2241.

 

Division 1.  Lots and Blocks

 

Sec. 14-400 Minimum lot requirements.

 

Each lot within a subdivision shall satisfy the minimum lot requirements established in the zoning ordinance.

 

(§ 18-29 (part), 9-5-96, 8-28-74; § 18-34 (part), 9-5-96, 8-28-74; 1988 Code, §§ 18-29, 18-34; Ord. 98-A(1), 8-5-98, § 14-500; Ord. 02-14(1), 2-6-02)

 

            State law reference--Va. Code §§ 15.2-2241(3).

 

Sec. 14-401 Double frontage lots.

 

            Double frontage lots for single family detached and attached residential uses are prohibited.  The prohibition of double frontage lots may be waived by the agent as provided in section 14-224.1.  In considering a waiver request, the agent shall consider whether, because of unusual size, topography, shape of the property, location of the property or other unusual conditions, excluding the proprietary interests of the subdivider, the prohibition would not forward the purposes of this chapter or serve the public interest.  In approving a waiver, the agent shall find that granting the waiver would not be detrimental to the public health, safety or welfare or to the orderly development of the area.  Double frontage lots shall be screened as provided in section 14-419.  

 

(Ord. 98-A(1), 8-5-98, § 14-500)

 

                State law reference--Va. Code § 15.2-2241(3).

 

Sec. 14-402 Lot shape.

 

            Each lot within a subdivision shall be of a shape which provides a satisfactory and desirable building site, and shall otherwise be at least the minimum lot width allowed by the applicable provisions of the zoning ordinance.  No lot shall contain peculiarly shaped elongations designed solely to provide the required square footage of area or frontage on a street.

 

(9-5-96, 8-28-74; 1988 Code, § 18-29; Ord. 98-A(1), 8-5-98, § 14-503)

 

            State law reference--Va. Code § 15.2-2241(3).

 

Sec. 14-403 Lot frontage.

 

            Each lot within a subdivision shall have frontage on an existing or proposed street. 

 

(§ 18-30 (part), 9-5-96, 8-28-74; § 18-36, 9-5-96, 8-28-74; 1988 Code, §§ 18-30, 18-36; Ord. 98-A(1), 8-5-98, § 14-504)

 

State law reference--Va. Code § 15.2-2241(3).

 

Sec. 14-404 Lot location to allow access from lot onto street or shared driveway.

 

                Each lot within a subdivision shall be located as follows:

 

A.        Each lot, other than a corner lot within the development areas, shall have reasonable access to the building site from only one street, shared driveway or alley established at the same time as the subdivision; provided that a lot may be located so that its driveway enters only onto a public street abutting the subdivision if: (i) the commission grants a waiver under subsection (C); (ii) the subdivider obtains an entrance permit from the Virginia Department of Transportation for the access; (iii) the entrance complies with the design standards set forth in sections 14-410(F) and 14-410(G); and (iv) the subdivider demonstrates to the agent prior to approval of the final plat that the waiver does not violate any covenants to be recorded for the subdivision.  For purposes of this section, the term “reasonable access” means a location for a driveway or, if a driveway location is not provided, a location for a suitable foot path from the parking spaces required by the zoning ordinance to the building site; the term “within the subdivision” means within the exterior boundary lines of the lands being divided. 

 

            B.         If the subdivision is within the rural areas, all subsequent divisions of the residue shall enter only onto such street(s) shown on the approved final plat and shall have no immediate access onto to any public street. 

 

C.        The requirements of this section may be waived by the commission as provided in section 14-225.1.  In reviewing a waiver request, the commission shall determine whether: (i) the county engineer recommends an alternative standard; or (ii) because of unusual size, topography, shape of the property, location of the property or other unusual conditions, excluding the proprietary interests of the subdivider, strict application of the applicable requirements would result in significant degradation of the property or to the land adjacent thereto.  In approving a waiver, the commission shall find that requiring the standard would not forward the purposes of this chapter or otherwise serve the public interest; and granting the waiver would not be detrimental to the public health, safety or welfare, to the orderly development of the area, to sound engineering practices, and to the land adjacent thereto.  In reviewing a waiver request, the commission may allow a substitute design of comparable quality, but differing from that required, if it finds that the subdivider would achieve results which substantially satisfy the overall purposes of this chapter in a manner equal to or exceeding the desired effects of the requirement.

 

(§ 18-36 (part), 9-5-96, 8-28-74; § 18-39 (part), 9-5-96, 10-19-77, 5-10-77, 8-28-74; 1988 Code, §§ 18-36, 18-39; Ord. 98-A(1), 8-5-98, §§ 14-500(C), 14-505)

 

            State law reference--Va. Code § 15.2-2241(5).

 

Sec. 14-405 Side lot lines.

 

            Side lot lines of each lot within a subdivision shall be approximately at right angles or radial to the street line, except turnaround terminal points.

 

            The requirements of this section may be waived by the agent as provided in section 14-224.1.  In reviewing a waiver request, the agent shall determine whether because of unusual size, topography, shape of the property being subdivided, or the location of the property, strict application of the standard would result in significant degradation of the property or to the land adjacent thereto, or the waiver would not prevent the orderly development of the area.  In approving a waiver, the agent shall find that requiring the standard would not forward the purposes of this chapter or otherwise serve the public interest; and granting the waiver would not be detrimental to the public health, safety or welfare, to the orderly development of the area, and to the land adjacent thereto.

 

(9-5-96, 8-28-74; 1988 Code, § 18-32; Ord. 98-A(1), 8-5-98, § 14-506)

 

                State law reference--Va. Code § 15.2-2241(3).

 

 

 

 

Sec. 14-406 Remnants.

 

            Remnants shall not be created by the subdivision of land.  All pre-existing remnants shall be eliminated when the land is subdivided. 

 

(9-5-96, 2-4-81, 8-28-74; 1988 Code, § 18-33; Ord. 98-A(1), 8-5-98, § 14-507)

 

                State law reference--Va. Code § 15.2-2241(3).

 

Sec. 14-407 Block width.

 

            Each block within a subdivision shall be wide enough to allow two (2) tiers of lots of the minimum depth allowed by the applicable provisions of the zoning ordinance fronting on all streets.

 

            The requirements of this section may be waived by the agent as provided in section 14-224.1.  In reviewing a waiver request, the agent shall consider whether the creation of two (2) tiers of lots of the minimum depth are prevented by topographical conditions or the size of the property.  In approving a waiver, the agent shall find that requiring the standard would not forward the purposes of this chapter or otherwise serve the public interest; and granting the waiver would not be detrimental to the public health, safety or welfare, to the orderly development of the area, and to the land adjacent thereto.

 

(9-5-96, 8-28-74; 1988 Code, § 18-34; Ord. 98-A(1), 8-5-98, § 14-508)

 

            State law reference--Va. Code § 15.2-2241(3).

 

Sec. 14-408 Block orientation.

 

            Blocks within a subdivision shall meet the following minimum requirements:

 

            A.        If the property is adjacent to a major highway, the agent or the commission, as the case may be, may require that the greater dimension of a block adjacent to the major highway front or back upon the major highway to avoid unnecessary ingress or egress.

 

            B.         A block designed for business or industrial purposes shall be designed specifically for those purposes, with adequate space set aside for both off-street loading and delivery facilities required by the zoning ordinance.

 

(9-5-96, 8-28-74 (§ 3); 1988 Code, § 18-35; Ord. 98-A(1), 8-5-98, 14-509)

 

            State law reference--Va. Code § 15.2-2241(3).

 

Division 2.  Streets and Alleys

 

Sec. 14-409 Coordination and extension of streets.

 

Public streets within the development areas shall be coordinated and extended as follows:

 

A.        Coordination.  All public streets within a subdivision shall be coordinated as to location, width, grades and drainage with other public streets, as follows: (i) by coordinating with existing or planned streets within the general area of the subdivision, including but not limited to existing or future adjacent subdivisions, or subdivisions contiguous to such adjacent subdivisions; and (ii) by continuing the public streets to planned, existing, or platted streets into adjoining areas by dedication or reservation of right of way adequate to accommodate continuation of the streets.

 

B.         Extension.  All public streets within a subdivision shall be extended and constructed to the abutting property lines to provide vehicular and pedestrian interconnections to future development on adjoining lands, terminating within the subdivision with a temporary turnaround.  The arrangement of the public streets shall provide adequate access to adjoining lands within the subdivision where necessary to provide for the orderly development of the county including, but not limited to, reserving temporary construction easements of sufficient area to accommodate the future completion of the street when the adjoining lands are developed.     

 

            C.        Waiver by commission of coordination requirement.  The requirements of subsection (A) may be modified or waived by the commission as provided in section 14-225.1.  A request for a waiver may be made prior to or with submittal of a preliminary plat or with an application to rezone the land, as follows:

 

                        1.         Information to be submitted.  If such a request is made, it shall include: (i) a justification for the request; (ii) a vicinity map showing a larger street network at a scale no smaller than one (1) inch equals six hundred (600) feet; (iii) a conceptual plan at a scale no smaller than one (1) inch equals two hundred (200) feet showing surveyed boundaries of the property; (iv) topography of the property at five (5) foot intervals for the property being subdivided and on abutting lands to a distance of five hundred (500) feet from the boundary line or a lesser distance determined to be sufficient by the agent; (v) the locations of streams, stream buffers, steep slopes, floodplains, known wetlands; (vi) the proposed layout of streets and lots, unit types, uses, and location of parking, as applicable; and (vii) the location of the nearest development and rural area boundaries, and the maximum number of lots proposed in the subdivision.

 

                        2.         Consideration and findings.  In reviewing a waiver request, the commission shall consider: (i) the engineering requirements for coordination and connection; (ii) whether the need for coordination and connection outweighs the impacts on environmental resources such as streams, stream buffers, steep slopes, and floodplain; (iii) whether the street would and should be extended into the rural areas; (iv) whether there is an alternative street connection from another location in the subdivision that is preferable because of design, traffic flow, or the promotion of the goals of the comprehensive plan, including the neighborhood model, and the applicable neighborhood master plan; and (v) whether the waiver would enable a different principle of the neighborhood model to be satisfied to a greater extent so that the overall goals of the neighborhood model are more fully achieved.  In approving a waiver, the commission shall find that requiring coordination would not forward the purposes of this chapter or otherwise serve the public interest; and granting the waiver would not be detrimental to the public health, safety or welfare, to the orderly development of the area, to sound engineering practices, and to the land adjacent thereto.

 

            D.        Waiver by agent of extension requirement.  The requirements of subsection (B) may be waived by the agent as provided in section 14-224.1.  A request for a waiver may be made prior to or with submittal of a preliminary plat or with an application to rezone the land, as follows:

 

                        1.         Information to be submitted.  If such a request is made, it shall include: (i) a justification for the request; (ii) a vicinity map showing a larger street network at a scale no smaller than one (1) inch equals six hundred (600) feet; (iii) a conceptual plan at a scale no smaller than one (1) inch equals two hundred (200) feet showing surveyed boundaries of the property; (iv) topography of the property at five (5) foot intervals for the property being subdivided and on abutting lands to a distance of five hundred (500) feet from the boundary line or a lesser distance determined to be sufficient by the agent; (v) the locations of streams, stream buffers, steep slopes, floodplains, known wetlands; (vi) the proposed layout of streets and lots, unit types, uses, and location of parking, as applicable; and (vii) identification of the location of the nearest development and rural area boundaries and the maximum number of lots proposed in the subdivision. 

 

                        2.         Consideration and findings.  In reviewing a waiver request, the agent shall consider whether: (i) extending the street to the abutting property line would require offsite easements; (ii) the need for the extension outweighs the impacts on environmental resources such as streams, stream buffers, steep slopes, and floodplain; (iii) alternative connections to the abutting lands from a different location would provide a better connection; (iv) the subdivider would contribute to the cost to complete the extension to the abutting property line when the adjoining lands are developed, and how; and (v) the street would be extended into the rural areas.  In approving a waiver, the agent shall find that requiring extension would not forward the purposes of this chapter or otherwise serve the public interest; and granting the waiver would not be detrimental to the public health, safety or welfare, to the orderly development of the area, to sound engineering practices, and to the land adjacent thereto.

 

                        3.         Requirements if waiver granted.  If the agent grants the waiver: (i) the public street shall be constructed past the point at which the primary structures on the lots abutting the street would rely on the finished grade for landscaping and other improvements, but in no case less than thirty (30) feet beyond the curb line or ditch line on those lots; (ii) the subdivider shall dedicate the required right of way to the abutting property line, along with all easements required to allow the street connection to be constructed in the future; (iii) the required easements shall prohibit any improvements being established therein; (iv)  the subdivider shall provide a surety guarantee or an escrow of funds for its share of the cost to complete the extension if determined by the agent to be necessary; the type of surety guarantee or the escrow shall be acceptable to the county engineer and be approved by the county attorney; and (v) the agent may require that the subdivider install and maintain a sign at the end of the constructed portion of the street stating that the street is a future through street, and that the sign is maintained until the county grants final approval of extending the street to the abutting property.    

 

(9-5-96, 11-21-79, 3-29-78, 8-28-74; 1988 Code, § 18-37; Ord. 98-A(1), 8-5-98, § 14-510)

 

            State law reference--Va. Code § 15.2-2241(2), (4).

 

Sec. 14-410 Standards for all streets and alleys.

           

The following minimum design standards shall apply to all streets and alleys within a subdivision:

 

            A.        Layout.  Each street shall be configured, to the extent practicable, to conform to the natural topography, to minimize the disturbance of critical slopes and natural drainage areas, and to provide vehicular and pedestrian interconnections within the subdivision and existing or future development on adjoining lands, as provided in section 14-409.

 

            B.         Angle of intersection.  An angle of intersection of not less than eighty (80) degrees is acceptable; however, a perpendicular intersection, where practical, is preferred.  The county engineer may grant an exception to this requirement for a private street in accord with American Association of State Highway and Transportation Officials guidelines.

 

C.        Temporary turnarounds.  Streets more than three hundred (300) feet in length from an intersection, or proposed to serve more than four (4) dwelling units that terminate temporarily shall be provided with a temporary turnaround meeting American Association of State Highway and Transportation Officials guidelines.  The temporary turnaround shall be extended to the abutting property line unless a waiver is granted as provided in section 14-409(D).  The temporary turnaround shall exist until the street extensions are accepted into the secondary system of state highways.

 

            D.        Alleys.  Alleys with a right-of-way or easement width of not less than twenty (20) feet may be provided in the rear or side of all commercial, industrial, and residential lots.  The design specifications shall be determined by the county engineer, subject to the following: (i) the alley design shall allow emergency services vehicles such as police cars and ambulances to use the alley; and (ii) an alley need not be designed to accommodate the largest emergency services vehicles, except that if firetrucks do not have adequate access to one or more lots from a street, the county engineer shall require that the alley be designed to accommodate firetrucks.  The agent may authorize an alley to be established with a right-of-way or easement width of less than twenty (20) feet if the county engineer determines that the proposed design incorporates features that assure public safety and welfare.  The county engineer shall consider the provision of adequate access to required onsite parking and/or garages, unimpeded vehicular circulation along the alley, an adequate clear zone along the alley, and other safety issues deemed appropriate for the conditions.  Alley rights-of-way may either be established as privately held fee simple interests or as privately held easements.

 

            E.         Reserved or spite strips.  Reserved or spite strips restricting access from adjoining lands to an existing or future street or alley shall not be permitted; provided that nothing herein shall prohibit areas for scenic planting and landscaping where adequate access to the adjoining lands is otherwise available.

 

 

            F.         Principal means of access to subdivision.  The principal means of access to a subdivision shall be either a public street or a private street.  The principal means of access shall conform, in the case of a public street, to Virginia Department of Transportation standards, or, in the case of a private street, to the standards of the county as set forth in section 14-412, throughout the street’s length, including any distance between the boundary of the subdivision and any existing public street.  If discharge water of a twenty-five (25) year storm could be reasonably anticipated to inundate, block, destroy or otherwise obstruct a principal means of access to a residential subdivision, the following shall also apply:

 

                        1.         The principal means of access shall be designed and constructed so as to provide unobstructed access at the time of flooding; and/or

 

                        2.         An alternative means of access which is not subject to inundation, blockage, destruction or obstruction, and which is accessible from each lot within the subdivision shall be constructed.

 

            G.        Drainage.  Adequate drainage control shall be provided for streets by installing culverts under streets; side, lead, or outlet ditches; catch basins; curb inlets; or any other devices, including piping, as determined to be necessary by the county engineer.  All of these improvements shall meet the standards of the county or, in the event no county standards exist, Virginia Department of Transportation standards.

 

            H.        Curb, curb and  gutter, sidewalks and planting strips.  In the development areas, streets shall be constructed with curb or curb and gutter, sidewalks and planting strips.  Sidewalks and planting strips shall designed and constructed in compliance with section 14-422. 

 

            I.          Waiver of requirement for curb or curb and gutter.  The requirement for curb or curb and gutter may be waived by the commission as provided in section 14-225.1. A request for a waiver may be made prior to or with submittal of a preliminary plat or with an application to rezone the land, as follows:

 

                        1.         Information to be submitted.  If such a request is made, it shall include: (i) a justification for the request; (ii) a vicinity map showing a larger street network at a scale no smaller than one (1) inch equals six hundred (600) feet; (iii) a conceptual plan at a scale no smaller than one (1) inch equals two hundred (200) feet showing surveyed boundaries of the property; (iv) topography of the property at five (5) foot intervals for the property being subdivided and on abutting lands to a distance of five hundred (500) feet from the boundary line or a lesser distance determined to be sufficient by the agent; (v) the locations of streams, stream buffers, steep slopes, floodplains, known wetlands; (vi) the proposed layout of streets and lots, unit types, uses, and location of parking, as applicable; and (vii) the maximum number of lots to be served by the rural cross-section street, the location of the nearest development and rural area boundaries, and a cross-section of existing streets to which the proposed subdivision streets would be extended, if any.  

 

                        2.         Consideration and findings.  In reviewing a waiver request to allow a rural cross-section (no curb and no curb and gutter) instead, the commission shall consider: (i) the number of lots in the subdivision and the types of lots to be served; (ii) the length of the street; (iii) whether the proposed street(s) or street extension connects into an existing system of streets constructed to a rural cross-section; (iv) the proximity of the subdivision and the street to the boundaries of the development and rural areas; (v) whether the street terminates in the neighborhood or at the edge of the development area or is otherwise expected to provide interconnections to abutting lands; (vi) whether a rural cross-section in the development areas furthers the goals of the comprehensive plan, with particular emphasis on the neighborhood model and the applicable neighborhood master plan; (vii) whether the use of a rural cross-section would enable a different principle of the neighborhood model to be more fully implemented; and (viii) whether the proposed density of the subdivision is consistent with the density recommended in the land use plan section of the comprehensive plan.  In approving a waiver, the commission shall find that requiring curb or curb and gutter would not forward the purposes of this chapter or otherwise serve the public interest; and granting the waiver would not be detrimental to the public health, safety or welfare, to the orderly development of the area, to sound engineering practices, and to the land adjacent thereto.

             

(§ 18-37, 9-5-96, 11-21-79, 3-29-78, 8-28-74; § 18-39 (part), 9-5-96, 10-19-77, 5-10-77, 8-28-74; 1988 Code, §§ 18-37, 18-39; Ord. 98-A(1), 8-5-98, § 14-512; Ord. 02-14(1), 2-6-02, § 14-512)

 

                State law reference--Va. Code §§ 15.2-2241(4), 15.2-2242(3).

 

Sec. 14-411 Standards for public streets only.

 

In addition to the minimum design requirements set forth set forth in section 14-410, all public streets within a subdivision shall be designed and constructed according to Virginia Department of Transportation standards. 

 

            For all public streets to be coordinated and extended as provided in section 14-409, the agent may allow a public street to be constructed at less than the ultimate pavement width, provided the street meets public street standards for the lots to be served by the streets.  In determining whether to require the ultimate pavement width, the agent shall be guided by the size of the subdivision, the street length and the types of lots to be served relative to the cost of providing the ultimate width.

 

(9-5-96, 10-19-77, 5-10-77, 8-28-74; 1988 Code, §§ 18-38, 18-39; Ord. 98-A(1), 8-5-98, §§ 14-511, 14-513)

 

            State law reference--Va. Code § 15.2-2241(4).

 

Sec. 14-412 Standards for private streets only.

 

In addition to the minimum design requirements set forth in section 14-410, the following minimum design requirements shall apply to private streets authorized by this chapter:

 

            A.        Residential private streets.  Each private street serving residential uses authorized under sections 14-232 or 14-233 shall satisfy the following:

 

 

 

                        1.         Streets serving two lots.  Each private street serving two (2) lots shall satisfy the following: (i) easement or right-of-way widths shall be thirty (30) feet minimum; (ii) the required materials and minimum depth of base shall satisfy the minimum requirements described in the design standards manual; and (iii) the surveyor shall include the following wording on the final plat: “The existing and/or proposed right-of-way is of adequate width and

horizontal and vertical alignment to accommodate a travelway passable by ordinary passenger vehicles in all but temporary extreme weather conditions, together with area adequate for maintenance of the travelway, as required by section 14-412 of the Albemarle County Code.”

 

2.         Streets serving three to five lots.  Each private street serving three (3) to five (5) lots shall satisfy the following: (i) vertical centerline curvature shall meet a minimum design K value of five (5) for crest curves and fifteen (15) for sag curves; (ii) sight distances shall not be less than one hundred (100) feet; (iii) turnarounds shall be provided at the end of each street per American Association of State Highway and Transportation Officials guidelines; (iv) street easements or right-of-way widths shall be thirty (30) feet minimum; and (v) the radius for horizontal curvature shall be forty (40) feet or greater, unless otherwise authorized by this chapter.  Any standard in this paragraph (2) may be reduced to the standard for streets serving two (2) lots where a driveway departs from the street and two lots remain to be served, and a turnaround is provided.  In addition, the following shall also apply:

 

            (a)        Private streets in the rural areas.  For such private streets in the rural areas: (i) travelway widths shall be fourteen (14) feet minimum, with three (3) feet minimum shoulder widths, and a minimum of four (4) feet from the edge of the shoulder to the ditch centerline; (ii) if any portion of the street exceeds seven (7) percent in grade, the entire street shall be surfaced as required by Virginia Department of Transportation standards; streets of lesser grade may use a gravel surface.

 

                        (b)        Private streets in the development areas.  For such private streets in the development areas: (i) an urban cross-section street design shall be provided, with a minimum width of twenty (20) feet measured from the curb faces or such alternative design, including a street easement or right-of-way width, deemed adequate by the county engineer to be equivalent to or greater than the applicable standard in the design standards manual, so as to adequately protect the public health, safety or welfare; additional widths shall be provided for gutters to control drainage at the discretion of the county engineer; and (ii) the entire street shall be surfaced as required by Virginia Department of Transportation standards. 

 

3.         Streets serving six lots or more.  Each private street serving six (6) or more lots shall satisfy Virginia Department of Transportation standards, provided:

           

            (a)        Private streets in the rural areas.  For such private streets in the rural areas, the commission may approve Virginia Department of Transportation standards for mountainous terrain if the subdivider demonstrates, for a specific, identifiable reason, the general welfare, as opposed to the proprietary interests of the subdivider, would be better served by the application of those standards.

 

            (b)        Private streets in the development areas.  For such private streets in the development areas, the agent may approve Virginia Department of Transportation standards for mountainous terrain or an alternative standard deemed adequate by the county engineer to be equivalent to or greater than the applicable standard in the design standards manual, so as to adequately protect the public health, safety or welfare. 

 

            4.         Streets serving family or two-lot subdivisions.  Each private street authorized to serve a family subdivision under section 14-232(B)(1) or a two-lot subdivision under section 14-232(B)(2) shall satisfy the following: (i) easement or right-of-way widths shall be ten (10) feet minimum; and (ii) the surveyor shall include the following wording on the plat: “The existing and/or proposed right-of-way is of adequate width and horizontal and vertical alignment to accommodate a travelway passable by ordinary passenger vehicles in all but temporary extreme weather conditions, together with area adequate for maintenance of the travelway, as required by section 14-412 of the Albemarle County Code.”

 

B.         Private streets serving non-residential, non-agricultural, attached residential, multi-unit residential and combined residential and non-residential uses. Each private street authorized to serve non-residential, non-agricultural, attached residential, multi-unit residential and combined residential and non-residential uses under sections 14-232 or 14-233 shall satisfy Virginia Department of Transportation standards or an alternative standard deemed adequate by the agent, upon the recommendation of the county engineer, to be equivalent to or greater than the applicable standard in the design standards manual, so as to adequately protect the public health, safety or welfare.  The agent may require minimum travelway widths to provide for on-street parking upon a determination that the provisions for off-street parking may be inadequate to reasonably preclude unauthorized on-street parking.

 

C.        Clearing land for improvements.  A private street constructed to Virginia Department of Transportation standards shall not be subject to that department’s clear zone requirements.

 

            D.        Landscaping and other improvements permitted.  Subsequent to construction of a private street, a subdivider may install ornamental plantings and any other improvements provided that they do not conflict with sight distance, drainage facilities or other required improvements.

 

            E.         Waiver.  The requirements of section 14-412(A)(2)(a) relating to street easement or right-of-way widths may be waived by the commission as provided in section 14-225.1.  In reviewing a waiver request for a lesser street easement or right-of-way width, the commission shall consider whether: (i) the subdivision will be served by an existing easement or right-of-way of fixed width that cannot be widened by the subdivider after documented good faith effort to acquire additional width; and (ii) the existing easement or right-of-way width is adequate to accommodate the required travelway and its maintenance.  If the waiver pertains to minimum street easement or right-of-way widths over an existing bridge, dam or other structure, the commission shall consider whether: (i) the long-term environmental impacts resulting from not widening the bridge, dam or other structure outweigh complying with the minimum width requirements, as determined by the county engineer; or (ii) whether the bridge, dam or other structure is a historical structure.  In approving a waiver, the commission shall find that requiring the standard street easement or right-of-way widths would not forward the purposes of this chapter or otherwise serve the public interest; and granting the waiver would not be detrimental to the public health, safety or welfare, to the orderly development of the area, to sound engineering practices, and to the land adjacent thereto.

 

(§ 18-36, 9-5-96, 8-28-74; § 18-37, 9-5-96, 11-21-79, 3-29-78, 8-28-74(part); 1988 Code, §§ 18-36, 18-37, 18-38; Ord. 98-A(1), 8-5-98, § 14-514; Ord. 02-14(1), 2-6-02)

 

                State law reference--Va. Code § 15.2-2242(3).

 

Sec. 14-413 Improvement of existing public streets.

 

            Existing public streets that will serve a subdivision shall be improved as follows:

 

            A.        Prior to approval of a preliminary plat, the agent shall consider whether existing public streets that will serve the subdivision are adequate to accommodate the increase in traffic which may be reasonably expected to result from the development of the subdivision.  If the agent determines that the existing streets will be inadequate, he may require that the streets be improved so as to accommodate traffic resulting from the development of the subdivision.

 

            B.         For purposes of this section, the term “street that will serve the subdivision” shall mean a public street that is either: (i) located on the property; (ii) will provide immediate vehicular access to any lot of the subdivision; (iii) the principal means of access to the subdivision as described in section 14-410(F); or (iv) a public street which will serve as an entrance to the subdivision as described in section 14-410(F), but which is not the principal means of access to the subdivision.

 

C.        For purposes of this section, the term “improved to accommodate traffic” shall mean: (i) for a public street that is located on the property, any street improvement which may be required by this chapter; and (ii) for any street that will serve the subdivision, improvements on that part of the public street that abuts either the subdivision or the street that provides access to the subdivision, if the need for the improvements are substantially generated by the development of the subdivision.

 

(9-5-96, 10-19-77, 5-10-77, 8-28-74; 6-170; 1988 Code, § 18-39; Ord. 98-A(1), 8-5-98, § 14-515)

 

            State law reference--Va. Code § 15.2-2241(4).

 

Division 3.  Water, Sewers and Other Improvements

 

Sec. 14-414 Public water and sewerage systems.

 

A subdivision within the jurisdictional area of the service authority shall be served by public water and/or sewerage if the service is reasonably available to the subdivision, as follows: 

 

A.        The public water and/or sewerage service shall be provided to each lot within the subdivision within the jurisdictional area, and to assure that service is available to abutting parcels that would rely on such systems by constructing such systems to the boundary lines of abutting lands. 

 

B.         All facilities required to be constructed to provide the services to the lots shall be designed and constructed to service authority specifications.  Sewer facilities constructed to the boundary lines of abutting lands shall be constructed at a depth and location that allows gravity sewers to provide service to the developable land draining towards the sewer.

 

C.        For purposes of this section, the term “water and/or sewerage service” shall be deemed not to be reasonably available in a particular case in which:

 

                        1.         The commission, in consultation with the service authority, finds that the capacity of the public water and/or sewerage system is inadequate to serve the proposed development; or

 

                        2.         The commission, in consultation with the service authority, finds that the capacity of the public water and/or sewerage system is adequate to serve the proposed development, but the commission finds that the cost of connecting to the public water and/or sewerage system, exclusive of connection fees, is unreasonable.  In determining whether the cost of connecting is unreasonable, the commission shall consider, among other things, the distance the system must be extended to serve the subdivision, the cost of extension, the uses to be served by the extended system, and the scale of those uses. 

 

            D.        Waiver.  The requirements of subsection (A) that such systems be constructed to the boundary lines of abutting lands may be waived by the commission as provided in section 14-225.1.  In reviewing a waiver request, the commission shall consult with the service authority and consider whether the system is needed and whether construction of the system would unnecessarily disturb significant environmental resources.  In approving a waiver, the commission shall find that requiring the systems to be constructed to the boundary lines of abutting lands would not forward the purposes of this chapter or otherwise serve the public interest; and granting the waiver would not be detrimental to the public health, safety or welfare, to the orderly development of the area, to sound engineering practices, and to the land adjacent thereto.  If such a waiver is granted and the systems are not constructed to the boundary lines, easements for such future systems shall be shown on the final plat.

 

(§§ 18-22 (part), 9-5-96, 1-3-96, 2-4-81, 12-20-78, 8-28-74 (§ 3)); § 18-25, 9-5-96, 1-3-96, 8-28-74; 1988 Code, §§ 18-22, 18-25; Ord. 98-A(1), 8-5-98, § 14-516)

 

State law reference--Va. Code §§ 15.2-2121, 15.2-2241(4).

 

Sec. 14-415 Central water supplies and sewerage systems.

 

A subdivision for which public water and/or sanitary sewerage service is not reasonably available as provided in section 14-414, and which will have twenty-five (25) or more lots of two (2) acres or less, may be served by a central water supply or central sewerage system, or both, if authorized by the board of supervisors under chapter 16 of the Code, as follows:

 

            A.        A subdivision whose net average lot size is less than forty thousand (40,000) square feet shall have both a central water system and a central sewerage system.  A subdivision whose net average lot size is between forty thousand (40,000) square feet and sixty thousand (60,000) square feet, inclusive, shall have either a central water system or central sewerage system.

 

            B.         The design and construction of each central water system and central sewerage system required by this section shall be approved by the Virginia Department of Health, or its local office, the Virginia Department of Environmental Quality, and the board of supervisors. 

Each system shall complement or supplement existing or proposed county utilities to the extent that the agent finds existing public utilities to be inadequate.

 

            C.        Neither a central water system nor a central sewerage system shall be required: (i) for a subdivision whose net average lot size is greater than sixty thousand (60,000) square feet; or (ii) if the subdivider establishes to the satisfaction of the county engineer that the soils and parent materials of all of the lots created for the purpose of transfer of ownership are such that waste disposal methods for the entire property are satisfactory to the health director, and that no well pollution can occur from the proposed lot configuration.

 

            D.        No final plat for a subdivision served by a central water system and/or a central sewerage system shall be approved until the requirements of Chapter 21 of Title 15.2 of the Code of Virginia have been satisfied.

 

(9-5-96, 8-28-74; 1988 Code, § 18-23; Ord. 98-A(1), 8-5-98, § 14-517)

 

            State law reference--Va. Code § 15.2-2241(4).

 

Sec. 14-416 Individual private wells and septic systems.

 

A subdivision for which public water and/or public sewerage service is not reasonably available as provided in section 14-414, and for which a central water supply and/or a central sewerage system is not authorized under section 14-415, shall be served by individual private wells or septic systems having conventional drain fields, or both, and shall meet all requirements of the health department and be approved by the health director.

           

(§ 18-23 (part), 9-5-96, 8-28-74; § 18-27, 9-5-96, 8-28-74; 1988 Code, §§ 18-23, 18-27; Ord. 98-A(1), 8-5-98, § 14-518)

 

            State law reference--Va. Code § 15.2-2241(3).

 

Sec. 14-417 Stormwater management and drainage control facilities.

 

            Stormwater management facilities serving a subdivision shall be designed to comply with the water protection ordinance.  The subdivider shall design and construct on-site drainage control facilities determined by the county engineer to be necessary to provide adequate drainage control.

 

(Ord. 98-A(1), 8-5-98, § 14-520)

 

            State law reference--Va. Code § 15.2-2241(3).

 

Sec. 14-418 Fire protection.

           

Where public water is reasonably available, a final plat shall not be approved without verification from the service authority and the department of fire and rescue that adequate capability exists to provide adequate fire protection to serve the subdivision, including required fire flows, together with all other developments to be served by the system.  Fire hydrants and distribution systems shall be installed and constructed by the subdivider.  Hydrant locations and fire flow requirements shall be as prescribed by Insurance Service Offices (ISO) standards and be subject to approval by the department of fire and rescue, or the service authority, whichever requirements are greater.  In areas where public water is not reasonably available, the department of fire and rescue may require such alternative provisions as deemed reasonably necessary to provide adequate fire protection.

 

(9-5-96, 8-28-74; 1988 Code, § 18-26; Ord. 98-A(1), 8-5-98, § 14-521)

 

            State law reference--Va. Code § 15.2-2241(3).

 

Sec. 14-419 Landscaping for double frontage lots.

           

            Double frontage lots shall be screened as provided in section 32.7.9.8 of the zoning ordinance.  If existing vegetation is to be used to provide the required screening, then a conservation plan as described in section 32.7.9.4 of the zoning ordinance may be required to ensure that the screening remains intact during construction.  

 

            The screening requirements may be waived by the agent as provided in section 14-224.1.  In reviewing a waiver request, the agent shall consider whether adequate screening by topography and vegetation exists so that the rear of the dwelling units will not be visible from a public street or a street intended to provide rear access to lots.  In approving a waiver, the agent shall find that requiring screening would not forward the purposes of this chapter or otherwise serve the public interest; and granting the waiver would not be detrimental to the public health, safety or welfare, to the orderly development of the area, and to the land adjacent thereto.

 

(Ord. 98-A(1), 8-5-98, § 14-522)

 

            State law reference--Va. Code § 15.2-2241(3).

 

Sec. 14-420 Location of utilities above- and underground.

 

            All utilities, including but not limited to wires, cables, pipes, conduits and appurtenant equipment for electricity, gas, water, sewer, telephone or similar service, shall be located within a subdivision as follows:

 

            A.        Each utility shall be located, to the extent practicable, in a manner that conforms to the natural topography, minimizes the disturbance of critical slopes and natural drainage areas, and allows vehicular and pedestrian interconnections within the subdivision and existing or future development on adjoining lands.

 

B.         All new utilities shall be located underground except the following, which may be located above-ground: (i) electric transmission lines and facilities; (ii) equipment, including electric distribution transformers, switch gear, meter pedestals, telephone pedestals, outdoor lighting poles or standards, radio antennae and associated equipment, which is, under accepted utility practices, normally installed above-ground; (iii) meters, service connections, and similar equipment normally attached to the outside wall of a utility customer’s premises; and (iv) satellite dishes.

           

            C.        If it is necessary to locate a new or existing public utility within the right-of-way of a public street, the subdivider shall first obtain a permit from the Virginia Department of Transportation.

 

            D.        Installation of utilities in or adjacent to the right-of-way shall not preclude the installation of street trees or required landscaping.

 

            E.         The requirements of this section may be waived by the agent as provided in section 14-224.1.  In reviewing a waiver request, the agent shall consider whether the requirement would unreasonably impact the existing above-ground electrical network so that extensive off-site improvements are necessary.  In approving a waiver, the agent shall find that requiring undergrounding would not forward the purposes of this chapter or otherwise serve the public interest; and granting the waiver would not be detrimental to the public health, safety or welfare, to the orderly development of the area, and to the land adjacent thereto.

 

(9-5-96, 8-28-74 (§ 2); 1988 Code, § 18-12; Ord. 98-A(1), 8-5-98, § 14-523)

 

            State law reference--Va. Code § 15.2-2241(4).

 

Sec. 14-421 Monuments.

           

The subdivider shall have monuments set as follows:

 

            A.        All boundaries, both exterior and interior, of the original survey for the subdivision shall be monumented as provided in 18 VAC § 10-20-370(B), a copy of which shall be on file in the department of community development.

 

            B.         No monuments other than those required by paragraph (A) shall be required to be set before recordation of the final plat or the conveyance of land by reference to plat if the professional engineer or land surveyor includes in his certification on the plat that any additional monuments required by this chapter shall be set on or before a specified later date.

 

            C.        The setting of any monument at any time after recordation of the final plat shall be established both at law and in equity, at prorated positions as determined from direct remeasurements between the established monuments of record rather than as precisely stated or shown on the recorded plat.

 

D.        The subdivider shall be responsible for resetting any monument on the property which is damaged, disturbed or destroyed during construction of any improvements required by this chapter.

 

(§ 18-39 (part), 9-5-96, 10-19-77, 5-10-77, 8-28-74); § 18-55 (part), 9-5-96, 2-4-81, 8-28-74 (§ 8); 1988 Code, §§ 18-39, 18-55; Ord. 98-A(1), 8-5-98, § 14-524)

 

            State law reference--Va. Code § 15.2-2241(7).

 

Sec. 14-422 Sidewalks and planting strips.

           

Sidewalks and planting strips shall be provided as follows:

 

A.        Requirement.  Sidewalks and planting strips for street trees and other vegetation shall be established on both sides of each new street within a subdivision creating lots for single family detached and single family attached dwellings in the development areas. 

 

B.         Sidewalk design.  Each sidewalk proposed to be accepted for maintenance by the Virginia Department of Transportation shall be designed and constructed according to Virginia Department of Transportation standards or to the standards in the design standards manual, whichever is greater.  Each sidewalk proposed to be privately maintained shall be constructed using concrete, designed so that no concentrated water flow runs over them, and otherwise satisfy the standards in the design standards manual.  The agent may allow privately maintained sidewalks to be a 10-foot multi-use asphalt path in unique circumstances such as a path leading to a school or major employment center.  The asphalt path generally shall run parallel to the street and shall be constructed to a standard deemed adequate by the county engineer to be equivalent to or greater than the applicable standard in the design standards manual, so as to adequately protect the public health, safety or welfare.     

 

C.        Sidewalk ownership.  Each sidewalk proposed to be accepted for maintenance by the Virginia Department of Transportation shall be dedicated to public use.  Each sidewalk proposed to be privately maintained shall be conveyed to a homeowners association for ownership and maintenance.  The agent may require that a sidewalk proposed by the subdivider to be privately maintained instead be dedicated to public use if the agent determines there is a need for the sidewalks to be publicly owned and maintained. 

 

D.        Planting strip design.  Each planting strip shall be a minimum of six (6) feet in width except that the minimum width may be less in areas of transition between rural cross-section and urban cross-section streets.  On an urban cross-section street, the planting strip shall be located between the curb and the sidewalk.  The planting strip shall be located between the paved travelway and the sidewalk.

 

            E.         Waivers from sidewalk requirements.  The requirements for sidewalks may be waived by the commission as provided in section 14-225.1A request for a waiver may be made prior to or with submittal of a preliminary plat or with an application to rezone the land, as follows:

 

                        1.         Information to be submitted.  If such a request is made, it shall include: (i) a justification for the request; (ii) a vicinity map showing a larger street network at a scale no smaller than one (1) inch equals six hundred (600) feet; (iii) a conceptual plan at a scale no smaller than one (1) inch equals two hundred (200) feet showing surveyed boundaries of the property; (iv) topography of the property at five (5) foot intervals for the property being subdivided and on abutting lands to a distance of five hundred (500) feet from the boundary line or a lesser distance determined to be sufficient by the agent; (v) the locations of streams, stream buffers, steep slopes, floodplains, known wetlands; (vi) the proposed layout of streets and lots, unit types, uses, and location of parking, as applicable; and (vii) the location of any existing pedestrian network in the area, whether it is publicly or privately maintained, descriptions by widths and surfaces of the pedestrian ways within the existing pedestrian network, a proposed alternative profile and the intended ownership and maintenance.  

 

                        2.         Consideration and findingsIn reviewing a request to waive the requirement for sidewalks, the commission shall consider whether: (i) a waiver to allow a rural  cross-section has been granted; (ii) a surface other than concrete is more appropriate for the subdivision because of the character of the proposed subdivision and the surrounding neighborhood; (iii) sidewalks on one-side of the street are appropriate due to environmental constraints such as streams, stream buffers, critical slopes, floodplain, or wetlands, or because lots are provided on only one side of the street; (iv) the sidewalks reasonably can connect into an existing or future pedestrian system in the area; (v) the length of the street is so short and the density of the development is so low that it is unlikely that the sidewalk would be used to an extent that it would provide a public benefit ; (vi) an alternate pedestrian system including an alternative pavement could provide more appropriate access throughout the subdivision and to adjoining lands, based on a proposed alternative profile submitted by the subdivider; (vii) the sidewalks would be publicly or privately maintained; (vii) the waiver promotes the goals of the comprehensive plan, the neighborhood model, and the applicable neighborhood master plan; and (viii) waiving the requirement would enable a different principle of the neighborhood model to be more fully achievedIn approving a waiver, the commission shall find that requiring sidewalks would not forward the purposes of this chapter or otherwise serve the public interest; and granting the waiver would not be detrimental to the public health, safety or welfare, to the orderly development of the area, to sound engineering practices, and to the land adjacent thereto.

 

            F.         Waivers from planting strip requirements.  The requirements for planting strips may be waived by the commission as provided in section 14-225.1.  A request for a waiver may be made prior to or with submittal of a preliminary plat or with an application to rezone the land, as follows:

 

                        1.         Information to be submitted.  If such a request is made, it shall include: (i) a justification for the request; (ii) a vicinity map showing a larger street network at a scale no smaller than one (1) inch equals six hundred (600) feet; (iii) a conceptual plan at a scale no smaller than one (1) inch equals two hundred (200) feet showing surveyed boundaries of the property; (iv) topography of the property at five (5) foot intervals for the property being subdivided and on abutting lands to a distance of five hundred (500) feet from the boundary line or a lesser distance determined to be sufficient by the agent; (v) the locations of streams, stream buffers, steep slopes, floodplains, known wetlands; and (vi) the proposed layout of streets and lots, unit types, uses, and location of parking, as applicable.  

 

                        2.         Consideration and findings. In reviewing a request to waive any requirement for planting strips, the commission shall consider whether: (i) a waiver to allow a rural cross-section has been granted; (ii) a sidewalk waiver has been granted; (iii) reducing the size of or eliminating the planting strip promotes the goals of the comprehensive plan, the neighborhood model, and the applicable neighborhood master plan; and (iv) waiving the requirement would enable a different principle of the neighborhood model to be more fully achieved In approving a waiver, the commission shall find that requiring planting strips would not forward the purposes of this chapter or otherwise serve the public interest; and granting the waiver would not be detrimental to the public health, safety or welfare, to the orderly development of the area, and to the land adjacent thereto.

 

(9-5-96, 10-19-77, 5-10-77, 8-28-74; 1988 Code, § 18-39; Ord. 98-A(1), 8-5-98, § 14-525)

 

            State law reference--Va. Code § 15.2-2241(5).

 

Sec. 14-423 Street signs.

           

Signs identifying the name of each street within a subdivision shall be installed and maintained as provided in chapter 7 of the Code.

 

(Ord. 98-A(1), 8-5-98, § 14-526) 

 

            State law reference--Va. Code § 15.2-2019.

 

Division 5.  Contributions, Dedications, Reservations and Transfers

 

Sec. 14-401 Off-site improvements Sec. 14-424 Contributions for off-site improvements.

           

Each plat for subdivision may be approved on the condition that the subdivider contributes a pro rata share of the cost of the following off-site improvements:

 

            A.        Each subdivider shall pay to the board of supervisors his pro rata share of the cost of providing reasonable and necessary sewer, water and drainage improvements, located outside the boundary of not located on the property which if they are necessitated or required, at least in part, by the construction or improvement of the subdivision, provided that: (i) no payment shall be required until the county establishes a general sewer, water and drainage improvement program for an area having related and common sewer, water and drainage conditions and within which the property is located or the board of supervisors has committed itself to such a program is located; and (ii) the program complies with the requirements of Virginia Code § 15.2-2243.

 

            B.         Each subdivider may voluntarily contribute and the board of supervisors may accept funds for off-site street improvements substantially generated and reasonably required by the construction or improvement of the subdivision.  The determination of whether the need for an improvement is substantially generated by the subdivision shall be made by the agent, who shall consult with the county engineer and the county attorney prior to making the determination.  In determining whether the need for an improvement is substantially generated by the subdivision, the agent shall consider whether: (i) the impact of the subdivision would create a threat to the public health, safety or welfare if not addressed by the improvement; (ii) the improvement is identified in the county’s capital improvement program, including its six (6) year road plan; (iii) the improvement is identified in the comprehensive plan as a needed or desired improvement; and (iv) the need generated is more than an incremental effect that would otherwise result, as determined by annual population growth, vehicular traffic, or other appropriate criteria.

 

(9-5-96, 1-3-96, 2-4-81, 12-20-78, 8-28-74 (§ 3); 1988 Code, § 18-22; Ord 98-A(1), 8-5-98, § 14-401)

 

            State law reference--Va. Code §§ 15.2-2242(4), 15.2-2243.

 

Sec. 14-402 Improvements completed at expense of subdivider; exception.

 

All on-site improvements required by this chapter shall be completed at the expense of the subdivider, except where the subdivider and the county enter into a cost-sharing or reimbursement agreement prior to final plat approval.

 

(9-5-96, 12-15-82, 4-21-76, 2-19-76, 8-28-74 (§ 3); 1988 Code, § 18-18; Ord. 98-A(1), 8-5-98) 

 

                State law reference--Va. Code §§ 15.2-2241, 15.2-2242, 15.2-2243.

 

Sec. 14-403 County not obligated to maintain improvements.

 

            The county shall not be obligated to maintain, repair, replace or reconstruct any improvement required by sections 14-400 or 14-401, and nothing in this chapter shall be construed as creating an obligation of the county to pay any costs arising from any improvement, unless the county has an ownership interest in the improvement or has otherwise agreed in writing to maintain, repair, replace or reconstruct the improvement.

 

(Ord. 98-A(1), 8-5-98)

 

            State law reference--Va. Code §§ 15.2-2241, 15.2-2242, 15.2-2243.

 

Division 2.  Dedications, Reservations and Transfers

 

Sec. 14-425  Reserved.

 

Sec. 14-404 14-426 Dedication of land for public use.

 

            The agent may require a subdivider to may dedicate to the county a part of the property suitable for parks, schools, open space and other public facilities, utilities and other public or semipublic uses as recommended in the comprehensive plan, as provided herein follows:

 

            A.        The board of supervisors shall not be required to compensate the subdivider for the land dedicated if the dedication is a gift, required by a proffer as part of a conditional rezoning, required as a condition of a special use permit, variance, or other approval, or if the need for the land is substantially generated by the subdivision. or if the subdivision contributes in part to the need for such land, in which case land of the subdivision shall be dedicated in a pro-rata amount reasonably attributable to the subdivision 

 

            B.         The land to be dedicated Land dedicated under this section shall be set apart on the final plat and shall be identified by a note on the plat stating that the land is dedicated for public use.

 

C.        The determination of whether the need for the land is substantially generated by the subdivision shall be made by considering the factors for a determination set forth in section 14-401(B) 14-424(B).

 

            D.        Nothing in this section shall be construed to preclude the dedication of any land for public use which is not included in the comprehensive plan, provided the land is acceptable to the county for dedication.

 

(Ord. 98-A(1), 8-5-98, § 14-404)

 

            State law reference--Va. Code § 15.2-2241(5).

 

Sec. 14-405 14-427 Reservation of land for public use.

 

            The agent may require a subdivider to may reserve for future dedication to the county a part of the property suitable for parks, schools, open space and other public facilities, utilities and other public or semipublic uses as recommended in the comprehensive plan, as provided herein follows:

 

            A.        The board of supervisors shall not be required to compensate the subdivider for the reservation of land if the dedication is a gift, required by a proffer as part of a conditional rezoning, required as a condition of a special use permit, variance, or other approval, or if the need for the land is substantially generated by the subdivision. or if the subdivision contributes in part to the need for the land, in which case land of the subdivision shall be reserved in a pro-rata amount reasonably attributable to the subdivision. 

 

B.         The land to be reserved Land reserved under this section shall be set apart on the final plat and shall be identified by a note on the plat stating that the land is reserved for future dedication for public use.

 

            C.        The determination of whether the need for the land is substantially generated by the subdivision shall be made by considering the factors for a determination set forth in section 14-401(B) 14-424(B).

 

            D.        Nothing in this section shall be construed to preclude the reservation of any land precludes land being reserved for public use which is not included in the comprehensive plan, provided the land is acceptable to the county for reservation.

 

            E.         The agent shall not require that land be reserved in a manner that would render it unusable to the subdivider if not used for the intended public purpose.

 

            F.         The subdivider may petition the board of supervisors to release the reservation of any land so reserved if not used for a public purpose within a reasonable period of time.  The agent shall review the petition and submit his recommendation to the board of supervisors. 

 

Before taking action on the petition, the board of supervisors shall consider the recommendation of the agent.

 

            F.         The subdivider may petition the board of supervisors to release a reservation if the land is not used for a public purpose, using the procedure in section 14-212.2.

 

(Ord. 98-A(1), 8-5-98, § 14-405)

 

                State law reference--Va. Code § 15.2-2241(5).

 

Sec. 14-406 14-428 Dedication of streets, alleys, curbs, gutters, sidewalks, stormwater management facilities, bicycle trails, pedestrian trails.

 

            The agent shall require a subdivider to dedicate to the county for public use each public street, including each non-constructed street extension as provided in section 14-409, and including any required curb, curb and gutter, planting strip and sidewalk, each drainage improvement for the public street and sidewalk, and may require a subdivider to dedicate to the county for public use any curb and gutter, stormwater management facility, bicycle trail or pedestrian trail within a subdivision or section thereof, as provided herein follows:

 

            A.        The board of supervisors shall not be required to compensate the subdivider for the any dedicated land or improvements thereon.

 

            B.         The land and improvements to be dedicated shall be set apart on the final plat and shall be identified by a note on the plat stating that the land is dedicated for public use.

 

            C.        When a subdivision abuts one side of an existing or platted street, the subdivider shall dedicate at least one-half of the right-of-way necessary to make the street comply with the minimum width fixed for the same street by this chapter.

 

(§ 18-30 (part), 9-5-96, 8-28-74; § 18-38 (part), 9-5-96, 8-28-74 (§ 5); 1988 Code, §§ 18-30, 18-38; Ord. 98-A(1), 8-5-98, 14-406)

 

            State law reference--Va. Code § 15.2-2241(5).

 

Sec. 14-429  Reservation of land for streets, alleys, walkways, waterways or public areas shown on map.

 

            The agent may require a subdivider to reserve for future dedication to the county a part of the property suitable for streets, alleys, walkways, waterways or public areas if they are shown on an official map or other map adopted under Virginia Code § 15.2-2233, as follows:

 

            A.        Land reserved for future dedication under this section shall be set apart on the final plat and be identified by a note on the plat stating that the land is reserved for future dedication for public use.  The land reserved shall not be developed except as provided in this section.

 

            B.         When a subdivision plat or site plan to allow the reserved land to be developed is submitted to the county, the subdivision plat or site plan shall be reviewed and acted on as provided in this chapter (subdivision plat) or section 32 of the zoning ordinance (site plan).  If the subdivision plat or site plan is disapproved for the sole reason that the county wants the land to be dedicated to public use, the county shall have sixty (60) days to request that the land be dedicated to public use and the dedication shall be completed within one hundred twenty (120) days after the date of disapproval.  If the county has not acted within the one hundred twenty (120) day period, the subdivision plat or site plan shall be approved provided that all other requirements of law have been satisfied.  The board of supervisors shall not be required to compensate the subdivider for the land dedicated if the need for the land is substantially generated by the subdivision.  The determination of whether the need for the land is substantially generated by the subdivision shall be made by considering the factors for a determination set forth in section 14-424(B).

 

            C.        The subdivider may petition the board of supervisors to release the reservation if the map is amended to remove the street, alley, walkway, waterway or public area from the lands reserved on the plat. 

 

            State law reference--Va. Code § 15.2-2233.

 

Sec. 14-407 Reservation of land for future right-of-way.

 

            The agent shall require each subdivider to reserve for future dedication to the county a part of the property for right-of-way as provided herein:

 

            A.        A subdivider shall reserve land for right-of-way for major highways and interstate highways, when such reservation is determined by the agent to be necessary.

 

            B.         If a subdivision contains, or is adjacent, to a major highway, a subdivider shall reserve sufficient land to allow for the future construction of service drives or service streets approximately parallel to the major highway.  The dimension of the area between the future service drives or service streets and the major highway and the points of access between them shall be determined after due consideration of traffic safety requirements by the agent and the department of engineering and public works.  Except where the subdivider demonstrates to the reasonable satisfaction of the agent that a topographic hardship exists, the area between the future service drives or service streets and the major highway shall be sufficient to provide scenic planting and screening.

 

            C.        If the comprehensive plan identifies a proposed right-of-way within the general area of the subdivision, and any public street or private road within the subdivision will connect, or is planned to connect, to such proposed right-of-way, and the Virginia Department of Transportation is able to identify the ultimate width of such the proposed right-of-way, a subdivider shall reserve additional right-of-way necessary to equal the width of the proposed right-of-way.

 

D.        The land to be reserved pursuant to paragraphs (A), (B) or (C) shall be set apart on the final plat and shall be identified by a note on the plat stating that the land is reserved for future dedication for public use.

 

            E.         The agent shall not require that land be reserved in a manner that would render it unusable to the subdivider if not used for the intended public purpose.

 

F.         The subdivider may petition the board of supervisors to release the reservation of any land so reserved  if the land is not used for a public purpose within a reasonable period of time, pursuant to the procedure set forth in section 14-240.

 

(§ 18-37, 9-5-96, 11-21-79, 3-29-78, 8-28-74; § 18-38 (part), 9-5-96, 8-28-74 (§ 5); 1988 Code, §§ 18-37, 18-38; Ord. 98-A(1), 8-5-98, § 14-407)

 

            State law reference--Va. Code § 15.2-2241(5).

 

Sec. 14-408 14-430 Dedication of water and sewerage systems.   

 

The agent shall require a each subdivider to dedicate to the service authority for public use all water and sewerage facilities designed, constructed and approved to be dedicated as public water and public sewerage systems, and to establish an easement on the land appurtenant thereto and extending to any abutting property identified by the agent, if the facilities are required to be constructed pursuant to section 14-400, as provided herein by this chapter, as follows:

 

            A.        The board of supervisors and the service authority shall not be required to compensate the subdivider for the dedicated facilities or the establishment of the easement.

 

            B.         The facilities to be dedicated and the easement to be established shall be set apart on the final plat and shall be identified by a note on the plat stating that the facilities are dedicated to, and the easement is established for, to the service authority.

 

(9-5-96, 1-3-96, 8-28-74; 1988 Code, § 18-25; Ord. 98-A(1), 8-5-98, § 14-430)

 

            State law reference--Va. Code § 15.2-2241(5).

 

Sec. 14-409 14-431 Easements for facilities for stormwater management and drainage control.

 

            The agent shall require a each subdivider to create drainage easements as provided herein establish easements for facilities for stormwater management and drainage control, as follows:

 

            A.        The following easements shall be required:

 

                        1.         An easement for all stormwater management facilities and drainage control improvements located on the property shall be established whenever the improvement is designed and/or constructed beyond a public street or private road street right-of-way or access easement, and shall extend from all drainage outfalls to a natural stream located on the property or, if a natural stream is not located on the property, an adequate channel as defined in 4 VAC § 50-30-10 that satisfies the minimum standards in 4 VAC § 50-30-40(19) to the boundary of the property.

 

2.         An easement along any natural stream or man-made waterway located on the property.

 

            B.         The area of an easement required by this section each easement shall be sufficient, as determined by the county engineer, to: (i) accommodate the facilities and the drainage characteristics from each drainage outfall from a drainage control improvement and to provide access to the drainage control improvement; and (ii) allow access to a natural stream or man-made waterway to allow widening, deepening, relocating, improving, or protecting the natural stream or man-made waterway for drainage purposes.

 

            C.        An easement required by this section Each easement shall include the right of ingress and egress for installation, maintenance, operation, repair and reconstruction of any improvement within the easement.  The agent also may require that an easement be provided through abutting land adjoining the property under common ownership under the same ownership as the property.     

 

D.        The board of supervisors shall not be required to compensate the subdivider for any easement or any improvements thereon. 

 

            E.         No easement established pursuant to this section shall be considered part of any required public street or private road street width.

 

(§ 18-16, 9-5-96, 8-28-74 (§ 3); § 18-21, 9-5-96, 12-15-82, 8-28-74 (§ 3); 1988 Code, §§ 18-16, 18-21; Ord. 98-A(1), 8-5-98, § 14-409) 

 

            State law reference--Va. Code § 15.2-2241(3).

 

Sec. 14-410 14-432 Easements for cable television and public service corporations.

 

            The agent may require a subdivider to convey, where appropriate, common or shared easements to franchised cable television operators furnishing cable television and public service corporations furnishing cable television, gas, telephone and electric service to the subdivision, as provided herein follows:

 

A.        The location of an easement required by this section The location of each easement shall be adequate for use by franchised cable television operators and public service corporations which may be expected to occupy them. 

 

            B.         An easement required by this section Each easement shall include the right of ingress and egress for installation, maintenance, operation, repair and reconstruction of any improvement within the easement.  The agent also may require that an easement be provided through abutting land adjoining the property under common ownership under the same ownership as the property.  

 

            C.        The easement shall be conveyed by reference on the final plat to a declaration of the terms and conditions of the common easements.

 

(Ord. 98-A(1), 8-5-98, § 14-410)

 

            State law reference--Va. Code § 15.2-2241(6).

 

Sec. 14-411 14-433 Effect of recordation of plat on dedications and certain easements.

 

            The recordation of a final plat shall operate as follows as it pertains to the dedication of land and improvements and to the establishment of certain easements:

 

The recording of a final plat shall transfer dedicated land and improvements and establish certain easements as follows:

           

A.        The recordation of a final plat shall operate to Recordation shall operate to  transfer, in fee simple, to the county that portion of the land set apart on the plat and dedicated for public use as provided in sections 14-404, 14-406 and 14-409 14-426, 14-428 and 14-431.

 

            B.         The recordation of a final plat shall operate to Recordation shall operate to transfer to the county any easement indicated on the plat to create a public right of passage over the property.

 

            C.        The recordation of a final plat shall operate to Recordation shall operate to transfer to the service authority, in fee simple, the water and sewer facilities, and the easement, as provided in section 14-408 14-430, to the service authority.

 

            D.        The recordation of a final plat shall operate to Recordation shall operate to terminate and extinguish all rights-of-way, easements or other interests of the county in the property not shown on the plat, except that an interest acquired by the county by eminent domain, by purchase for valuable consideration and evidenced by a separate instrument of record, or streets, alleys or easements for public passage subject to the provisions of Virginia Code §§ 15.2-2271 or 15.2-2272 shall not be affected thereby by recordation.

 

            E.         The recordation of a final plat Recordation shall not constitute acceptance of any improvements by the county or any service authority, state agency or department. 

 

(Ord. 98-A(1), 8-5-98, § 14-411)

 

            State law reference--Va. Code § 15.2-2265.

 

Division 36.  Completion of On-site Improvements and Surety

 

Sec. 14-412 14-434 Completion of on-site improvements required prior to plat approval.

 

            Except as provided in section 14-413 14-435, all on-site improvements required by this chapter, other than a private street authorized under section 14-232(B)(1), 14-232(B)(2), 14-233(A)(2) or 14-433(B)(2) serving less than three (3) lots, shall be completed prior to approval of the final plat.  Prior to approval of the final plat:

 

            A.        The subdivider shall submit to the agent a certificate of completion of all of the improvements prepared by a professional engineer or a land surveyor, to the limits of his license; and

 

            B.         The subdivider shall certify to the agent that all of the construction costs for the improvements, including those for materials and labor, have been paid to the person constructing the improvements.

 

9-5-96, 12-15-82, 4-21-76, 2-19-76, 8-28-74 (§ 3); 1988 Code, § 18-18; Ord. 98-A(1), 8-5-98, § 14-412)

 

            State law reference--Va. Code § 15.2-2241(9).

 

Sec. 14-413 14-435 Surety in lieu of completion of on-site improvements.

 

            Notwithstanding section 14-412 14-434, pending actual completion of all on-site improvements, a final plat may be approved as provided herein follows:

 

            A.        The subdivider shall enter into an agreement with the county to complete the construction of all improvements required by this chapter within a period of time agreed to by the parties, and furnish to the agent a certified check, bond with surety satisfactory to the county, or a letter of credit satisfactory to the county, or collaterally assign funds in a manner satisfactory to the county, in an amount sufficient for and conditioned upon the construction of the improvements.  The form of the agreement and the type of surety guarantee shall be to the satisfaction of acceptable to the county engineer and be approved by the county attorney.

 

            B.         The subdivider shall submit a request for a bond estimate to the county engineer.  The county engineer shall prepare a cost estimate of all improvements, based upon unit prices for new public or private sector construction in the county, and a reasonable allowance for estimated administrative costs, including inspection fees required pursuant to section 14-203(E)(6) 14-203(E)(5), inflation, and potential damage to existing streets or utilities, which shall not exceed twenty-five (25) percent of the estimated construction costs.

 

            C.        The county may make use of the certified check or call on the bond with surety, or letter of credit, or collaterally assigned funds if either: (i) the subdivider fails to timely renew the bond with surety, or letter of credit, or the collaterally assigned funds; or (ii) the county engineer, in his discretion, determines that any of the improvements have not been completed in a timely manner and the completion of the improvements is deemed necessary to protect the public health, safety or general welfare.

 

            D.        Surety shall not be required for a private street authorized under section 14-232(B)(1), 14-232(B)(2), 14-233(A)(2) or 14-233(B)(2).

 

(9-5-96, 12-15-82, 8-28-74 (§ 3); 1988 Code, § 18-19; Ord. 98-A(1), 8-5-98, § 14-413)

 

            State law reference--Va. Code § 15.2-2241(5).

 

 

 

Sec. 14-414  14-435.1 Surety for maintenance of streets until accepted into state system.

 

If one or more public streets within a subdivision are proposed for dedication or have been dedicated for public use and the street or streets, due to factors other than quality of construction, is not acceptable into the secondary system of state highways, the subdivider shall, prior to approval of the final plat or prior to the final release of surety as provided in section 14-415 14-436, provide surety for the maintenance of the street or streets as provided herein:

 

A.        The subdivider shall furnish to the agent a certified check, bond with surety satisfactory to the county, or a letter of credit satisfactory to the county, or collaterally assign funds in a manner satisfactory to the county, in an amount established by the Virginia Department of Transportation sufficient for and conditioned upon the maintenance of the street or streets until it is accepted into the secondary system of state highways, and assume the subdivider’s liability for maintenance of the street or streets.  The form and the type of the surety shall be to the satisfaction of and be approved by the county attorney.    

 

B.         For purposes of this section, the term “maintenance” means maintenance of the streets, curb, curb and gutter, sidewalks drainage facilities, utilities or other street improvements, including the reconstruction and repaving of any public street or private road which is required by the Virginia Department of Transportation before the road street may be accepted into the secondary system of state highways, and the correction of defects or damage, and the removal of snow, water or debris so as to keep the road street reasonably open for public usage.

 

C.        The amount of the surety shall be determined by the following criteria:  (i) Class A: five hundred dollars ($500) minimum for up to two hundred (200) linear feet plus two dollars ($2.00) per linear foot thereafter; (ii) Class B: five hundred dollars ($500) minimum up to two hundred (200) linear feet plus two dollars and twenty-five  cents ($2.25) per linear foot thereafter; (iii) Class C: Five hundred dollars ($500) minimum up to two hundred (200) linear feet plus three dollars and fifty cents ($3.50) per linear foot thereafter.

 

(9-5-96, 12-15-82, 4-21-76, 2-19-76, 8-28-74 (§ 3); 1988 Code, § 18-18; Ord. 98-A(1), 8-5-98, § 14-414) 

 

                State law reference--Va. Code § 15.2-2241(5).

 

Sec. 14-415 14-436 Release of surety.

 

            A bond, escrow, letter of credit or other surety required by this chapter shall be released as provided herein follows:

 

A.        Upon written request by the subdivider, the county engineer senior director of the department of community development shall make periodic partial releases of the surety as provided in Virginia Code § 15.2-2245.provided in a cumulative amount equal to no less than eighty (80) percent of the original amount of the surety based upon the percentage of the improvements completed and approved by the county, or other authority or state agency or department having jurisdiction over the improvement.  Periodic partial releases shall not occur before the completion of at least thirty (30) percent of the improvements covered by any surety or after completion of more than eighty (80) percent of the improvements.  The county engineer shall not be required to execute more than three (3) periodic partial releases in any twelve (12) month period.

 

B.         Within thirty (30) days after receipt of a written request for reduction of surety the county engineer shall inspect the improvements and respond to the subdivider.  In the case of public streets and related improvements, the subdivider shall not submit a written request for reduction of surety until the Virginia Department of Transportation has accepted all public street improvements.  In the case of private roads and related improvements, the subdivider shall not submit a written request for reduction of surety until the county engineer has accepted all private road improvements.  The county engineer shall respond to the request of the subdivider within thirty (30) days of its receipt.

 

B.         Within thirty (30) days after receipt of a written notice by the subdivider of completion of part or all of any improvements required to be constructed by this chapter, the senior director of the department of community development shall respond in writing to the subdivider in one of the following ways: (1) grant the partial or final release, if the applicable state agency, county department, or any applicable authority or other entity has accepted the improvements; or (2) inform the subdivider that the improvement has not been accepted by the applicable state agency, county department, authority or other entity and/or identify any specified defects or deficiencies in construction and suggested corrective measures.

 

C.        If the county engineer senior director of the department of community development fails to take action within the thirty (30) day period, the request of the subdivider shall be deemed approved and a partial release shall be granted to the subdivider.  No final release shall be granted until after expiration of the thirty (30) day period and there is an additional request in writing sent by certified mail by the subdivider to the county executive.  The county engineer senior director shall act within fourteen (14) days of receipt of this request by the county executive.  If the county engineer senior director fails to take action on the request within ten (10) working days of receipt of the request, it  the request shall be deemed approved and final release shall be granted to the subdivider.

 

            D.        Upon final completion and acceptance or approval of the improvements and upon receipt from the subdivider of a certification of final completion from a professional engineer, or land surveyor, or the senior director of the department of community development that the monuments required by this chapter have been properly placed, the county engineer senior director shall release any remaining surety to the subdivider.  A public improvement shall be deemed to be accepted when it is accepted by and taken over for operation and maintenance by the county, an authority, or a state agency or department responsible for maintaining and operating the improvement.  A private improvement shall be deemed to be approved when the county engineer senior director determines that the improvements are completed.

 

(9-5-96, 12-15-82, 4-21-76, 2-19-76, 8-28-74 (§ 3); 1988 Code, § 18-18; Ord. 98-A(1), 8-5-98, § 14-415)   

 

            State law reference--Va. Code § 15.2-2245.

 

 

 

Sec. 14-416 14-437 Effect of acceptance or approval of improvements.

 

Nothing in this chapter, including the approval of a final plat, shall obligate the county, an authority, or a state agency or department to accept and take over for operation and maintenance any improvements completed by a subdivider as required by this chapter.  Acceptance or approval of an improvement shall be made only if the improvement satisfies all applicable statutes, regulations, ordinances, guidelines and design and construction standards for acceptance or approval of the improvement, upon completion of inspections as provided in section 14-417 14-438.

 

(Ord. 98-A(1), 8-5-98, § 14-416)

 

            State law reference--Va. Code § 15.2-2255.

 

Sec. 14-417 14-438 Inspections; right of entry.

 

            Improvements required by this chapter shall be inspected as follows:

           

A.        The submittal of a preliminary or final plat by a subdivider shall constitute consent by the subdivider to all officers and employees of the county, the service authority and any other authority, and any state department or agency, responsible for the administration and enforcement of this chapter, to enter upon the property at all reasonable times for the purpose of making periodic inspections related to the review of the preliminary and/or final plat for compliance with this chapter. 

 

B.         The subdivider shall provide at least five (5) days prior notice to the county engineer when each stage of the construction and improvement of the subdivision is ready for inspection, in accordance with the schedules and regulations promulgated by the board of supervisors.

 

C.        Any inspection of public improvements shall be conducted solely to determine compliance with the requirements and specifications provided by law and the approved design plan.  

 

(Ord. 98-A(1), 8-5-98, § 14-417)

 

            State law reference--Va. Code §§ 15.2-2245, 15.2-2255.

 

Sec. 14-439 Improvements completed at expense of subdivider; exception.

 

All on-site improvements required by this chapter shall be completed at the expense of the subdivider, except where the subdivider and the county enter into a cost-sharing or reimbursement agreement prior to final plat approval.

 

(9-5-96, 12-15-82, 4-21-76, 2-19-76, 8-28-74 (§ 3); 1988 Code, § 18-18; Ord. 98-A(1), 8-5-98, § 14-402) 

 

                State law reference--Va. Code §§ 15.2-2241, 15.2-2242, 15.2-2243.

 

Sec. 14-440 County not obligated to maintain improvements.

 

The county shall not be obligated to maintain, repair, replace or reconstruct any improvement required by this chapter.  Nothing in this chapter obligates the county to pay any costs arising from any improvement, unless the county has an ownership interest in the improvement or has otherwise agreed in writing to maintain, repair, replace or reconstruct the improvement.

 

(Ord. 98-A(1), 8-5-98, § 14-403)

 

            State law reference--Va. Code §§ 15.2-2241, 15.2-2242, 15.2-2243.

 

Article V.  Design Requirements

 

Division 1.  Lots and Blocks

 

Sec. 14-500 General.

 

Each subdivision shall comply with the following general lot design requirements:

 

A.        The number of lots within a subdivision shall comply with the applicable provisions of the zoning ordinance.

 

B.         Each lot shall have at least one building site which complies with the requirements of the zoning ordinance and applicable health regulations.

 

C.        Each lot shall have reasonable access to the building site from a public street or private road within the subdivision.  The term “reasonable access” means a location for a driveway, alley, or, if a driveway location is not provided, a location for a suitable foot path from the off-street parking spaces required by the zoning ordinance to the building site.

 

D.        Double frontage lots shall not be permitted except where authorized by the agent or the commission, as the case may be, upon a determination that the lot arrangement is essential to provide separation of residential development from streets or to overcome topographical problems.

 

E.         The applicable setback line as provided in the zoning ordinance for a lot affected by a reservation for a proposed right-of-way as provided in section 14-407 shall be measured from the proposed right-of-way line.

 

(§ 18-29 (part), 9-5-96, 8-28-74; § 18-34 (part), 9-5-96, 8-28-74; 1988 Code, §§ 18-29, 18-34; Ord. 98-A(1), 8-5-98; Ord. 02-14(1), 2-6-02)

 

State law reference--Va. Code § 15.2-2241(3).

 

Sec. 14-501 Configuration of lots.

The lots within a subdivision shall be configured in a manner that is consistent with the purposes of this chapter.  In addition, the lots of a subdivision within the rural areas zoning district shall be configured so that they comply with sections 10.3.1 and 10.3.2 of the zoning ordinance, for conventional development, or section 10.3.3 of the zoning ordinance, for rural preservation development.

 

(Ord. 98-A(1), 8-5-98)

 

State law reference--Va. Code § 15.2-2241(3).

 

Sec. 14-502 Lot size.

 

Each lot shall comply with the minimum lot size allowed by the applicable provisions of the zoning ordinance.

 

(9-5-96, 2-4-81, 8-28-74; 1988 Code, § 18-28; Ord. 98-A(1), 8-5-98)

 

State law reference--Va. Code § 15.2-2241(3).

 

Sec. 14-503 Lot shape.

 

Each lot shall be of a shape which provides a satisfactory and desirable building site, and shall otherwise comply with the minimum lot width requirements allowed by the applicable provisions of the zoning ordinance.  No lot shall contain peculiarly shaped elongations which are designed solely to provide necessary square footage of area or frontage on a public street.

 

(9-5-96, 8-28-74; 1988 Code, § 18-29; Ord. 98-A(1), 8-5-98)

 

            State law reference--Va. Code § 15.2-2241(3).

 

 

Sec. 14-504 Lot location and frontage.

 

            The location and frontage requirements for each lot shall be as provided herein:

 

            A.        Each lot shall front on an existing or proposed public street or private road .  The front of a corner lot shall be each existing or proposed public street or private road that it abuts.  The front of a double frontage lot shall be determined in accordance with the prevailing lot pattern.

 

B.         Except as provided in paragraph (C), each lot shall have at least the minimum frontage required by the applicable provision of the zoning ordinance.

 

            C.        Each lot fronting on a cul-de-sac may have less than the minimum frontage required by the applicable provision of the zoning ordinance provided that the driveway separation required by Virginia Department of Transportation standards is maintained.

 

(§ 18-30 (part), 9-5-96, 8-28-74; § 18-36, 9-5-96, 8-28-74; 1988 Code, §§ 18-30, 18-36; Ord. 98-A(1), 8-5-98)

 

                State law reference--Va. Code § 15.2-2241(3).

 

Sec. 14-505 Access from lot onto public street, or private road.

 

            Each lot shall have immediate vehicular access onto a public street or a private road as follows:

 

A.        Except as provided in paragraphs (B) and (C), each lot shall have immediate vehicular access to only one public street or private road, which is within the subdivision.

 

B.         A lot may be located so that it has immediate vehicular access to only a public street abutting the subdivision if the commission approves a waiver pursuant to section 14-237, the subdivider obtains an entrance permit from the Virginia Department of Transportation for the access, and the entrance complies with the design standards set forth in section 14-512(I).

 

            C.        A lot that fronts on a private road within the subdivision may have immediate vehicular access to a public street abutting the subdivision if the commission approves a waiver pursuant to section 14-233(A) at the time the private road is approved, the subdivider obtains an entrance permit from the Virginia Department of Transportation for the access, and the entrance complies with the design standards set forth in section 14-512(I).  If the commission approves the waiver request, its approval shall include a condition that the waiver is valid only if the subdivider demonstrates to the agent prior to approval of the final plat that the waiver does not violate any covenants to be recorded for the subdivision.

 

(§ 18-36 (part), 9-5-96, 8-28-74; § 18-39 (part), 9-5-96, 10-19-77, 5-10-77, 8-28-74; 1988 Code, §§ 18-36, 18-39; Ord. 98-A(1), 8-5-98; 14-500(C))

 

            State law reference--Va. Code § 15.2-2241(5).

 

Sec. 14-506 Side lot lines.

 

Side lot lines should be approximately at right angles or radial to the street line, except cul-de-sac terminal points.

 

(9-5-96, 8-28-74; 1988 Code, § 18-32; Ord. 98-A(1), 8-5-98)

 

                State law reference--Va. Code § 15.2-2241(3).

 

Sec. 14-507 Remnants.

 

            Remnants shall not be created by the subdivision of land.  All remnants shall be added to abutting lots rather than remain as unbuildable lots.

 

(9-5-96, 2-4-81, 8-28-74; 1988 Code, § 18-33; Ord. 98-A(1), 8-5-98)

 

                State law reference--Va. Code § 15.2-2241(3).

 

Sec. 14-508 Block width.

 

Each block shall be wide enough to allow two (2) tiers of lots of the minimum depth allowed by the applicable provisions of the zoning ordinance fronting on all public streets or private roads.  However, if the creation of two (2) tiers of lots of the minimum depth are prevented by topographical conditions or the size of the property, the agent or the commission, as the case may be, may approve a single tier of lots of the minimum depth.

 

(9-5-96, 8-28-74; 1988 Code, § 18-34; Ord. 98-A(1), 8-5-98)

 

            State law reference--Va. Code § 15.2-2241(3).

 

Sec. 14-509 Block orientation.

 

            Blocks shall meet the following minimum requirements:

 

            A.        If the property is adjacent to a major highway, the agent or the commission, as the case may be, may require that the greater dimension of a block adjacent to the major highway front or back upon the major highway to avoid unnecessary ingress or egress.

 

B.         A block designed for business or industrial purposes shall be designed specifically for those purposes, with adequate space set aside for both off-street loading and delivery facilities, as required by the applicable provisions of the zoning ordinance.

 

(9-5-96, 8-28-74 (§ 3); 1988 Code, § 18-35; Ord. 98-A(1), 8-5-98)

 

            State law reference--Va. Code § 15.2-2241(3).

 

Division 2.  Streets and Roads

 

 

Sec. 14-510 Coordination of streets and roads.

 

            All public streets and private roads within a subdivision shall coordinate as to location, width, typical cross-section, grades and drainage with other existing or planned streets contiguous to or within the general area of the subdivision, including coordination with existing or planned streets in existing or future adjacent subdivisions or which are contiguous to those adjacent subdivisions.

 

(9-5-96, 11-21-79, 3-29-78, 8-28-74; 1988 Code, § 18-37; Ord. 98-A(1), 8-5-98)

 

            State law reference--Va. Code § 15.2-2241(2).

 

Sec. 14-511 Determining applicable standards for public streets.

 

            The classification of public streets in a subdivision shall be determined by an estimate of the anticipated vehicular traffic volume as currently prescribed, or as revised, by the Virginia Department of Transportation. , and shall apply to all public streets in a subdivision and to all public streets within the property shown on the comprehensive plan.  Unless otherwise shown, all material and construction technique specifications shall be in accordance with Virginia Department of Transportation standards.

 

(9-5-96, 8-28-74 (§ 5); 1988 Code, § 18-38; Ord. 98-A(1), 8-5-98)

 

            State law reference--Va. Code § 15.2-2241(4).

 

Sec. 14-512 Standards for public streets, private roads and alleys.

 

            All design standards for public streets and all design standards for private roads based upon public street standards shall comply with Virginia Department of Transportation standards and other design standards applicable to the particular classification of street or road.  In addition, the following minimum requirements for public streets, private roads, and alleys shall apply:

 

            A.        Layout.  Public streets and private roads in predominantly residential subdivisions shall be designed to discourage through-traffic.  Offset or jog streets shall be avoided, whenever possible.

 

            B.         Angle of intersection.  An angle of intersection of not less than eighty (80) degrees is acceptable; however, a perpendicular intersection, where practical, is preferred.  The county engineer may grant an exception to this requirement for a private road in accord with the Virginia Department of Transportation standards for public streets.

 

            C.        Right-of-way width.  The right-of-way width for major highways shall conform to the widths designated on the comprehensive plan.  Except as otherwise provided, the width of all public street or private road right-of-ways or access easements shall conform to Virginia Department of Transportation standards.

 

            D.        Cul-de-sacs and dead-end streets. Cul-de-sacs and dead-end streets shall provide a terminal turnaround having a right-of-way radius as prescribed by Virginia Department of Transportation standards.  The permitted length of a cul-de-sac shall be determined by the agent or the commission, as the case may be, taking into consideration the terrain, density of development, and lot frontage.

 

            E.         Temporary cul-de-sacs.  Public streets and private roads more than three hundred (300) feet in length from an intersection, or proposed to serve more than four (4) dwelling units that terminate temporarily shall be provided with a temporary terminal cul-de-sac having a radius as prescribed by Virginia Department of Transportation standards.  The temporary  shall exist until the street extensions are accepted into the secondary system of state highways.

 

            F.         Alleys.  Alleys with a right-of-way or easement width of not less than twenty (20) feet may be provided in the rear or side of all commercial, industrial, and residential lots.  The design specifications shall be determined by the county engineer, subject to the following: (1) the alley design shall allow emergency services vehicles such as police cars and ambulances to use the alley; and (2) an alley need not be designed to accommodate the largest emergency services vehicles, except that if firetrucks do not have adequate access to one or more lots from a public street or private road, the county engineer shall require that the alley be designed to accommodate firetrucks.  The director of planning and community development may authorize an alley to be established with a right-of-way or easement width of less than twenty (20) feet if the director determines that, based upon the recommendation of the county engineer, the proposed design incorporates features that assure public safety and welfare.  The county engineer shall consider the provision of adequate access to required onsite parking and/or garages, unimpeded vehicular circulation along the alley, an adequate clear zone along the alley, and other safety issues deemed appropriate for the conditions.  Alley rights of way may either be established as a privately held fee simple interest or as a privately held easement.

 

            G.        Reserved or spite strips.  Reserved or spite strips restricting access to a public street, alley, or private road shall not be permitted; provided that nothing herein shall prohibit areas for scenic planting and landscaping where adequate access is otherwise available.

 

            H.        Principal means of access.  The principal means of access to a subdivision shall conform, in the case of a public street, to Virginia Department of Transportation standards, or, in the case of a private road, to the standards of the county as set forth in section 14-514, throughout it length, including any distance between the boundary of the subdivision and any existing public street.  If the subdivision will result in the potential development of fifty (50) or more dwelling units, the subdivision shall have more than one principal means of access from an existing public street.  If discharge water of a one hundred year storm could reasonably be  

anticipated to inundate, block, destroy or otherwise obstruct a principal means of access to a residential subdivision, the following shall also apply:

 

                        1.         The principal means of access shall be designed and constructed so as to provide unobstructed access at the time of flooding, subject to the requirements of section 30.3, flood hazard overlay district, of the zoning ordinance; and/or

 

           

                        2.         An alternative means of access which is not subject to inundation, blockage, destruction or obstruction, and which is accessible from each lot within the subdivision shall be constructed.

 

            I.          Entrances to streets, roads and highways.  Each entrance onto any public street or private road for traffic to and from a subdivision shall be designed and constructed in accordance with Virginia Department of Transportation standards.  If the entrance is onto a multi-laned divided highway, an entrance which is not directly opposite any crossover in the median of any that highway shall not be permitted within five hundred (500) feet of the crossover except upon findings by the agent that: (i) there is no other reasonably practicable access to the subdivision except within five hundred (500) feet of the crossover; (ii) no reasonable means of alternative access is available to the subdivision; and (iii) the provision of an entrance within five hundred (500) feet of the crossover will be consistent with the public health, safety or welfare.

 

            J.          Drainage.  Adequate drainage control shall be provided for public streets or private roads by installing culverts under streets; side, lead, or outlet ditches; catch basins; curb inlets; or any other devices, including piping, as determined to be necessary by the county engineer.  All of these improvements shall meet the standards of the county or, in the event no county standards exist, Virginia Department of Transportation standards.

 

(§ 18-37, 9-5-96, 11-21-79, 3-29-78, 8-28-74; § 18-39 (part), 9-5-96, 10-19-77, 5-10-77, 8-28-74; 1988 Code, §§ 18-37, 18-39; Ord. 98-A(1), 8-5-98; Ord. 02-14(1), 2-6-02)

 

                State law reference--Va. Code §§ 15.2-2241(4), 15.2-2242(3).

 

Sec. 14-513 Standards for public streets only.

 

            In addition to the minimum design requirements set forth set forth in section 14-512, all public streets shall be designed and constructed according to Virginia Department of Transportation standards for acceptance into the secondary system of state highways.

 

(9-5-96, 10-19-77, 5-10-77, 8-28-74; 1988 Code, § 18-39; Ord. 98-A(1), 8-5-98)

 

            State law reference--Va. Code § 15.2-2241(4).

 

Sec. 14-514 Standards for private roads only.

 

            In addition to the minimum design requirements set forth in section 14-512, the following minimum design requirements shall apply to private roads authorized pursuant to section 14-232:

 

            A.        General.  Each private road shall be designed to be adequate to serve the subdivision of which it is a part.  Except as otherwise expressly provided, the private road shall be designed and constructed to conform with Virginia Department of Transportation standards.

 

            B.         Roads subject to Table A.  Each private road authorized by sections 14-232(A)(1), 14-232(A)(4), 14-232(B)(1) or 14-232(B)(2) shall conform to the requirements of Table A.

 

            C.        Roads subject to Table B.  A private road authorized by sections 14-232(A)(2) or 14-232(A)(3) shall conform to the requirements of Table B, except that: (i) a pavement structure design that conforms to Virginia Department of Transportation standards shall be required for the most traffic-intensive uses to which the land may be lawfully devoted for a private road  

authorized by section 14-232(A)(2); and (ii) the commission may authorize the application of Virginia Department of Transportation mountainous terrain design standards to apply to a private road, as provided in section 14-233(D).

 

            D.        Right-of-way width.  Except as otherwise expressly provided, a private road subject to Table A which serves fewer than six (6) lots shall have a minimum right-of-way width of thirty (30) feet.

 

E.         Clearing land for improvements.  Notwithstanding any practice of the Virginia Department of Transportation, only those areas necessary to accommodate private road improvements and to achieve required sight distance shall be required to be cleared.

 

F.         Landscaping and other improvements permitted.  Subsequent to construction of a private road, a subdivider may install ornamental plantings and any other improvements provided that they do not conflict with sight distance, drainage facilities or other required improvements.

 

            G.        Minimum allowable radius.  The radius for horizontal curvature shall be forty (40) feet or greater, unless otherwise authorized by Table A or Table B.

 


 

Table A

Single-Family Detached Residential

(Also Agricultural)

 

NUMBER OF LOTS DWELLING UNITS SERVED BY ROAD SEGMENT*

MINIMUM WIDTH OF TRAVELWAY

DEPTH OF BASE

(VDOT Aggregate Base)

SURFACE TREATMENT

(Except as otherwise expressly provided)

MINIMUM SIGHT DISTANCE

(In accordance with VDOT methodology for stopping sight distance)

Family Division Only (Any number of lots dwelling units)

See note** 10 Feet

See note**

See note**

See note**

2 Lots Dwelling Units

See note** 10 Feet

See note**

See note**

See note**

3 - 5 Lots Dwelling Units

14 Feet (In addition to 4 foot shoulders and ditch requirements)

6" - # 25 or # 26

Not required (unless

Slope exceeds 7%)***

100 Feet

6 Lots or More Dwelling Units

Shall be designed to VDOT MOUNTAINOUS TERRAIN Standards.

*NUMBER OF LOTS SERVED shall mean the aggregate of all lots served by such road segment and all lots  having access over such segment to a a public road.  ROAD SEGMENT shall mean each portion of a private road between its intersection with other private or public roads (See illustration below.)

 

**The surveyor shall certify on the plat that the existing and/or proposed right-of-way is of adequate width and horizontal and vertical alignment to accommodate a travelway passable by ordinary passenger vehicles in all but temporary extreme weather conditions, together with area adequate for maintenance of such travelway.  Such certification may be accomplished by the following wording on the plat:  “This private road will provide reasonable access by motor vehicle as required by § 14-514 of the Albemarle County Code.”  This provision includes family divisions.

 

***If slope exceeds seven percent, 6" of #21 or 21A and prime & double seal are required.

 

For purposes of this chapter, shared driveways and alleys are not private roads.

 

ILLUSTRATION TO ACCOMPANY NOTE ONE:

 

 

NUMBER OF LOTS SERVED:

Segment A = Lots on Segment A

Segment C = Lots on Segments A, B and C

Segment E = Lots on Segments A, B, C, D and E

 

Note:  Any lot with frontage on more than one road segment shall be counted on each road segment on which such lot fronts, unless access is specifically restricted by notation on the final plat.

 

TABLE B

Residential Uses Other Than Single-Family Detached Dwellings

(Also Commercial/Industrial)

 

 

 

1.         Shall be designed to VDOT ROLLING TERRAIN Standards.

 

2.         The Planning Commission may require concrete curb and gutter and sidewalks or other pedestrian ways in accordance with Section 14-513.

 

3.         The Planning Commission may require increased travelway to provide for on-street parking upon a determination that provisions for off-street parking may be inadequate to reasonably preclude unauthorized on-street parking.

 

 

(§ 18-36, 9-5-96, 8-28-74; § 18-37, 9-5-96, 11-21-79, 3-29-78, 8-28-74(part); 1988 Code, §§ 18-36, 18-37; Ord. 98-A(1), 8-5-98; Ord. 02-14(1), 2-6-02)

 

                State law reference--Va. Code § 15.2-2242(3).

 

Sec. 14-515 Improvement of existing public streets.

 

            A.        Prior to approval of a preliminary plat, the agent shall consider whether existing public streets that will serve the subdivision are adequate to accommodate the increase in traffic which may be reasonably expected to result from the development of the subdivision.  If the agent determines that the existing streets will be inadequate, he may require that the streets be improved so as to accommodate traffic resulting from the development of the subdivision.

 

            B.         For purposes of this section, a “street that will serve the subdivision shall mean a public street that is either: (i) located on the property; (ii) will provide immediate vehicular access to any lot of the subdivision; (iii) the principle means of access to the subdivision as described in section 14-512(H); or (iv) a public street which will serve as an entrance to the subdivision as described in section 14-512(I), but which is not the principle means of access to the subdivision.

 

            C.        For purposes of this section, improved to accommodate traffic shall mean: (i) for a public street that is located on the property, any street improvement which may be required by this chapter; and (ii) for any street that will serve the subdivision, improvements on that part of the public street that abuts either the subdivision or the public street or private road that provides access to the subdivision, if the need for the improvements are substantially generated by the development of the subdivision.

 

(9-5-96, 10-19-77, 5-10-77, 8-28-74; 6-170; 1988 Code, § 18-39; Ord. 98-A(1), 8-5-98

 

            State law reference--Va. Code § 15.2-2241(4).

 

Division 3.  Water, Sewers and Drainage

 

Sec. 14-516 Public water and sewerage systems.

 

            A subdivision which is, in whole or in part, within the jurisdictional area of the service authority shall be served by public water and/or sewerage if the service is reasonably available to the subdivision.  The public water and/or sewerage service shall be provided to each lot within the subdivision.  All facilities required to be constructed to provide the services to all lots shall be constructed to service authority specifications.  For purposes of this section, water and/or sewerage service shall be deemed not to be reasonably available in a particular case if the agent, in consultation with the service authority, finds that:

 

            1.         The capacity of the public water and/or sewerage system is inadequate to serve the proposed development; or

 

            2.         The cost of connecting to the public water and/or sewerage system, exclusive of connection fees, exceeds the cost of installing an on-site well and/or septic system.

 

(§§ 18-22 (part), 9-5-96, 1-3-96, 2-4-81, 12-20-78, 8-28-74 (§ 3)); § 18-25, 9-5-96, 1-3-96, 8-28-74; 1988 Code, §§ 18-22, 18-25; Ord. 98-A(1), 8-5-98)

 

            State law reference--Va. Code §§ 15.2-2121, 15.2-2241(4).

 

Sec. 14-517 Central water and sewerage systems.

 

            A subdivision for which public water and/or sanitary sewerage service is not reasonably available as provided in section 14-516, and which will have twenty-five (25) or more lots of two (2) acres or less, shall be served by a central water system or central sewerage system, or both, as provided herein:

 

            A.        The subdivider shall submit to the agent the information required by section 14-307.

 

            B.         A subdivision whose net average lot size is less than forty thousand (40,000) square feet shall have both a central water system and a central sewerage system.  A subdivision whose net average lot size is between forty thousand (40,000) square feet and sixty thousand (60,000) square feet, inclusive, shall have either a central water system or central sewerage system.

 

            C.        The design and construction of each central water system and central sewerage system required by this section shall be approved by the Virginia Department of Health, or its local office, the Virginia Department of Environmental Quality, and the board of supervisors.  Each system shall complement or supplement existing or proposed county utilities to the extent that the agent finds existing public utilities inadequate.

 

            D.        Neither a central water system nor a central sewerage system shall be required: (i) for a subdivision whose net average lot size is greater than sixty thousand (60,000) square feet; or (ii) if the subdivider establishes to the satisfaction of the county engineer that the soils and parent materials of all of the lots created for the purpose of transfer of ownership are such that waste disposal methods for the entire property are satisfactory to the health director, and that no well pollution can occur from the proposed lot configuration.

 

            E.         No final plat for a subdivision served by a central water system and/or a central sewerage system shall be approved until the requirements of chapter 21 of the Code have been satisfied.

 

(9-5-96, 8-28-74; 1988 Code, § 18-23; Ord. 98-A(1), 8-5-98)

 

            State law reference--Va. Code § 15.2-2241(4).

 

Sec. 14-518 Individual private wells and septic systems.

 

            A subdivision for which public water and/or sanitary sewerage service is not reasonably available as provided in section 14-516, and for which either a central water system or central sewerage system, or both, as provided in section 14-517, is not required, shall be served by individual private wells or septic systems, or both, as provided herein:

 

            A.        If requested by the agent, the subdivider shall submit to the agent and to the health director the information required by section 14-309.

 

            B            The health director shall determine the suitability of the soil of each lot of the  subdivision for which septic systems with subsurface disposal will be constructed, and the subdivider shall submit opinion of the health director to the agent as provided in section 14-310.

 

            C.        A final plat shall not be approved unless and until the health director approves in writing the use of individual private wells and septic systems for the subdivision.

 

            D.        The health director may require as a condition of his approval of the installation of septic systems and, whenever necessary for the satisfactory installation of the septic systems, that individual lots be graded and drained so as to assure the effective removal of surface water from each lot.

 

E.         Notwithstanding any other provision of this section, the agent shall not approve the use of individual private wells if the health director determines that the topography of the property is such that individual private wells will be endangered by individual septic systems. 

 

(§ 18-23 (part), 9-5-96, 8-28-74; § 18-27, 9-5-96, 8-28-74; 1988 Code, §§ 18-23, 18-27; Ord. 98-A(1), 8-5-98)

 

            State law reference--Va. Code § 15.2-2241(3).

 

Sec. 14-519 Drainage control.

 

            Drainage control facilities shall be designed to provide for the disposition of runoff from the property, as provided herein:

 

            A.        The subdivider shall design and construct on-site drainage facilities determined by the agent, upon the recommendation of the county engineer, to be necessary to provide adequate drainage control.

 

            B.         Within the drainage basins identified in paragraph (C), the subdivider shall design and construct on-site drainage control facilities which control the rate of runoff from the property due to rainfall of a ten(10)-year return period intensity as shown on the frequency analysis curve for Charlottesville, Virginia, so that the rate of runoff is no greater after the development of the subdivision than before, provided, that the facilities may be constructed without unreasonable adverse impact to the environment of the property.

 

            C.        Except as provided in paragraph (D), the additional design standard required by paragraph (B) shall apply within the drainage basins of Moores Creek, Meadow Creek, Powell Creek, Redbud Creek, Town Branch and those unnamed natural streams which flow directly into the Rivanna River from either side, beginning at the crossing of U.S. Route 29 over the south fork of the Rivanna River and thence downstream with the Rivanna River to its confluence with Moores Creek, all as shown on maps published by the United States Geological Survey entitled, "Charlottesville East, Virginia," "Charlottesville West, Virginia," "Earlysville, Virginia," "Simeon, Virginia," and "Alberene, Virginia."

 

            D.        If the property is located within a drainage basin identified in paragraph (C), the additional design standard required by paragraph (B) shall not apply if:

 

                        1.         All of the property is within the flood hazard overlay district as set forth in section 30.3, flood hazard overlay district, of the zoning ordinance;

 

                        2.         The total impervious surface coverage on any lot within the subdivision will not exceed twenty thousand (20,000) square feet; or

 

                        3.         The subdivider demonstrates to the reasonable satisfaction of the agent and the county engineer that off-site improvements or other provisions for the disposition of runoff would equally or better serve the public interest and safety, and that the method of disposition would not adversely affect downstream properties.

 

(9-5-96, 1-3-96, 2-4-81, 12-20-78, 8-28-74 (§ 3); 1988 Code, § 18-22; Ord. 98-A(1), 8-5-98)

 

            State law reference--Va. Code § 15.2-2241(3).

 

Sec. 14-520 Stormwater management.

 

            Stormwater management facilities shall be designed to comply with the water protection ordinance.

 

(Ord. 98-A(1), 8-5-98)

 

            State law reference--Va. Code § 15.2-2241(3).

 

 

Division 4.  Other

 

14-521 Fire protection.

 

            If public water is available, the subdivider shall install fire hydrants at locations approved by the agent as necessary to provide adequate fire protection.

 

(9-5-96, 8-28-74; 1988 Code, § 18-26; Ord. 98-A(1), 8-5-98)

 

            State law reference--Va. Code § 15.2-2241(3).

 

Sec. 14-522 Landscaping for double frontage lots.

 

            Each double frontage residential lot shall be screened between the rear of the building site and the public street or private road, if required by the agent. 

 

(Ord. 98-A(1), 8-5-98)

 

            State law reference--Va. Code § 15.2-2241(3).

 

Sec. 14-523 Location of utilities above- and underground.

 

            All utilities, including but not limited to wires, cables, pipes, conduits and appurtenant equipment for electricity, gas, water, sewer, telephone or similar service, shall be located within a subdivision as follows:

 

            A.        Except for those utilities identified in paragraph (B), all new utilities shall be located underground.

 

            B.         The following utilities may be located above-ground: (i) electric transmission lines and facilities; (ii) equipment, including electric distribution transformers, switch gear, meter pedestals, telephone pedestals, outdoor lighting poles or standards, radio antennae and associated equipment, which is, under accepted utility practices, normally installed above-ground; (iii) meters, service connections, and similar equipment normally attached to the outside wall of a utility customer’s premises; and (iv) satellite dishes.

 

            C.        If it is necessary to locate a new or existing public utility within the right-of-way of a public street, the subdivider shall first obtain a permit from the Virginia Department of Transportation.

 

(9-5-96, 8-28-74 (§ 2); 1988 Code, § 18-12; Ord. 98-A(1), 8-5-98)

 

            State law reference--Va. Code § 15.2-2241(4).

 

Sec. 14-524 Monuments.

 

            The subdivider shall have monuments set as provided herein:

 

 

A.        All boundaries, both exterior and interior, of the original survey for the subdivision shall be monumented as provided in section 18 VAC § 10-20-370(B), a copy of which shall be on file in the department of engineering and public works.

 

            B.         No monuments other than those required by paragraph (A) shall be required to be set before recordation of the final plat or the conveyance of land by reference to plat if the professional engineer or land surveyor includes in his certification on the plat that any additional monuments required by this chapter shall be set on or before a specified later date.

 

            C.        The setting of any monument at any time after recordation of the final plat shall be established both at law and in equity, at prorated positions as determined from direct remeasurements between the established monuments of record rather than as precisely stated or shown on the recorded plat.

 

D.        The subdivider shall be responsible for resetting any monument on the property which is damaged, disturbed or destroyed during construction of any improvements required by this chapter.

 

(§ 18-39 (part), 9-5-96, 10-19-77, 5-10-77, 8-28-74); § 18-55 (part), 9-5-96, 2-4-81, 8-28-74 (§ 8); 1988 Code, §§ 18-39, 18-55; Ord. 98-A(1), 8-5-98)

 

            State law reference--Va. Code § 15.2-2241(7).

 

Sec. 14-525 Sidewalks and pedestrian walkways.

 

              Each sidewalk proposed to be accepted for maintenance by the Virginia Department of Transportation shall be designed and constructed according to Virginia Department of Transportation standards.  Each sidewalk and pedestrian walkway shall be designed and constructed in a manner approved by the county engineer.  The county engineer shall approve the materials used in the construction of the sidewalk or pedestrian walkway.  

 

(9-5-96, 10-19-77, 5-10-77, 8-28-74; 1988 Code, § 18-39; Ord. 98-A(1), 8-5-98)

 

            State law reference--Va. Code § 15.2-2241(5).

 

Sec. 14-526 Street and road signs.

 

            Signs which identify the name of each public street or private road within the subdivision shall be installed and maintained as provided in chapter 7 of this Code.

 

(Ord. 98-A(1), 8-5-98) 

 

            State law reference--Va. Code § 15.2-2019.

 

This ordinance shall be effective on and after June 20, 2005.

 

 

 

Go to Attachment B

Return to executive summary