ORDINANCE NO. 08-14(  )

 

AN ORDINANCE TO AMEND CHAPTER 14, SUBDIVISION OF LAND, ARTICLE II, ADMINISTRATION AND PROCEDURE, ARTICLE  IV, ON-SITE IMPROVEMENTS AND DESIGN, 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, Article II, Administration and Procedure, and Article IV, On-Site Improvements and Design, are hereby amended and reordained as follows:

 

By Amending:

 

Sec. 14-207       Rural subdivisions

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

Sec. 14-412       Standards for private streets only

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

 

Chapter 14.  Subdivision of Land

 

Article II.  Administration and Procedure

 

Sec. 14-207 Rural subdivisions

 

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

 

            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(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), 14-303(A), (B), (C), (D), (E), (F), (H), (I), (L), (O) and (P), 14-304, 14-305(B), 14-308.1, 14-309, 14-310, 14-312, 14-314 and 14-316. 

 

            D.        On-site improvements and design: Sections 14-400, 14-403, 14-404, 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; Ord. 05-14(1), 4-20-05, effective 6-20-05)

 

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

 

Article IV.  On-Site Improvements and Design

 

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.        The first subdivision plat approved for a parcel on and after [insert effective date] (hereinafter, the “parent parcel”) shall establish a single public or private street to provide access from an existing public or private street outside of or adjacent to the parent parcel to the lots within the subdivision.  The street shall also provide such access for all future subdivisions within the boundaries of the parent parcel as it existed on [insert effective date].  The requirement of a single access street shall not apply to any subdivision whose streets and access are subject to section 14-409.   

 

AB.      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 or the subdivision of the parent parcel as provided in subsection (A); 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; Ord. 05-14(1), 4-20-05, effective 6-20-05)

 

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

 

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 detached 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.”

 

21.        Streets serving three two to five lots.  Each private street serving three (3) two (2) 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) the grade shall not exceed sixteen (16) percent; (iii) if the grade of 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 having a grade of seven (7) percent or less may use have a gravel surface; and (iv) the street shall have a rectangular zone superjacent to the street that is clear of all obstructions, including any structures and vegetation, that is at least fourteen (14) feet in width and fourteen (14) feet in height.

 

                        (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. 

 

32.        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. 

 

            43.        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) 14-412(A)(1)(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; Ord. 05-14(1), 4-20-05, effective 6-20-05)

 

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

 

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

 

            Except as provided in section 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; Ord. 05-14(1), 4-20-05, effective 6-20-05)

 

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

 

 

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