CHAPTER 14

 

SUBDIVISION OF LAND

 

ARTICLE IV.  ON-SITE IMPROVEMENTS AND DESIGN

 

DIVISION 2.  STREETS AND ALLEYS

 

 

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; Ord. 05-14(1), 4-20-05, effective 6-20-05)

 

                State law reference--Va. Code 15.2-2241(2), (4).

 

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