Chapter 26 - SUBDIVISIONS#

Footnotes:#

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State Law reference— Virginia Public Records Act, Code of Virginia, § 42.1-76 et seq.; localities to adopt ordinances regulating subdivisions, Code of Virginia, § 15.2-2240; mandatory provisions of a subdivision ordinance, Code of Virginia, § 15.2-2241; optional provisions of subdivision ordinance, Code of Virginia, § 15.2-2242.

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Sec. 26-1. - Subdivider must prepare preliminary and final plat.#

From and after the effective date of the ordinance from which this chapter is derived, any owner, developer, agent, or proprietor of any tract of land located within the territory to which these regulations shall apply, who subdivides such land into lots, blocks, streets, alleys, public ways, or public grounds shall prepare five copies of a preliminary plat or plats of such subdivision for preliminary, tentative or conditional approval in accordance with the regulations set forth herein and shall prepare a final plat to be recorded in the office of the clerk of the circuit court of the county.

(Code 1973, § 18-3.1)

Sec. 26-2. - Site plan required for certain developments.#

Under the terms of this chapter, certain developments such as apartments, townhouses, condominiums and waterfront developments are defined as subdivisions and are subject to the review procedures, design and improvement standards of this chapter. Where appropriate to the type of development, a general development plan or site plan as herein defined shall be prepared and submitted in accordance with the requirements of this chapter or the special additional requirements of the agent rather than a conventional plat of subdivision.

(Code 1973, § 18-3.2)

Sec. 26-3. - Approval of plat required.#

No final plat of subdivision or approved site plan shall be recorded by the clerk of the circuit court unless and until it shall have been submitted to and approved by the agent as provided herein and until the verification of compliance with these and other applicable regulations has been made by the agent.

(Code 1973, § 18-3.3)

Sec. 26-4. - Transfer of land; building permits.#

No parcel of land in a subdivision as herein defined created after the effective date of the ordinance creating this chapter shall be transferred, sold, or offered for sale, nor shall a building permit be issued for any structure thereon, nor shall a certificate of occupancy for the use of any land or structure thereon be issued, until a plat of subdivision shall have been recorded with the clerk of the circuit court in accordance with these regulations and the laws of the commonwealth. Any person who violates this provision shall be subject to the penalties contained herein.

(Code 1973, § 18-3.4)

Sec. 26-5. - Requirements for plat preparation.#

In the preparation of a plat of subdivision or site plan, the subdivider shall comply with the general principles of design and minimum requirements for the layout of subdivisions as set forth in article IV of this chapter and with the rules and regulations concerning required improvements as set forth in article V of this chapter and any standards and specifications for improvements adopted by the town council, and in every case the preparation of such plat or site plan shall be in accordance with the procedures of article VII of this chapter.

(Code 1973, § 18-3.5)

Sec. 26-6. - Applications for approval of subdivision.#

Applications for approval of subdivision plats or site plans shall be filed with the agent in accord with the procedures of article VII of this chapter. The agent appointed by the town council is delegated authority for administration of this chapter in accordance with the terms thereof and applicable to state law. In so doing, the agent shall be considered the agent of the town council, and approval or disapproval by the agent shall constitute approval or disapproval as though it were given by the town council. The agent shall submit all major subdivisions and all site plans as herein defined to the town council for approval or denial. The agent shall be delegated authority to approve or disapprove minor subdivisions and large lot subdivisions as herein defined without referral to the town council.

(Code 1973, § 18-3.6)

Sec. 26-7. - Appeals from a decision of the agent.#

An appeal from a decision of the agent may be filed within 30 days thereof with the town council by submitting said appeal in writing to the agent for transmittal to the council. The town council shall hear said appeal at its next regular meeting following submittal and shall decide same within 60 days of the hearing.

(Code 1973, § 18-3.7)

Sec. 26-8. - Amendments.#

This chapter may be amended from time to time by the town council after public hearing and recommendation of the planning commission in the manner prescribed by law as set forth under article IX of this chapter.

(Code 1973, § 18-3.8)

Sec. 26-35. - Title.#

This chapter may be known, referred to, and cited as the "Subdivision Ordinance" of the town.

(Code 1973, § 18-1.1)

Sec. 26-36. - Purpose.#

This chapter has been established for the purpose of guiding and accomplishing the coordinated, adjusted and harmonious development of the incorporated territory of the town, in order to promote, in accordance with present and probable future needs and resources, the health, safety, morals, order, convenience, prosperity, and general welfare of the citizens of the town. In the accomplishment of this purpose, the regulations as herein established provide for, among other things, efficiency and economy in the process of development; the proper arrangement of streets in relation to each other and to the existing and planned streets and other features of the comprehensive plan of the town; the protection of water quality, wetlands, wildlife habitats, steeper slopes, shorelines, and other natural features; protection against flooding, erosion and sedimentation; adequate open spaces for recreation, light, and air; convenient distribution of population and traffic; adequate provision for streets, public utilities and other public facilities; and other requirements for land subdivision which will tend to create conditions favorable to the health, convenience, prosperity and general welfare of the citizens of the town. Toward this end, this chapter is adopted in order:

(1) To establish procedures, design standards, improvement standards, standards for plats, fees, and penalties for violation as appropriate for the subdivision of land in the town;

(2) To provide for a review process which is coordinated with the review and permitting processes of other governmental agencies and jurisdictions;

(3) To ensure that purchasers of future lots, tracts and parcels purchase a commodity that is accessible and generally suitable for the intended use;

(4) To insure proper maintenance of community facilities and spaces;

(5) To coordinate the subdivision process with review for compliance with grading, erosion and sediment control regulations, and in general;

(6) To insure orderly and safe spacing, size, shape, design, and distribution of lots for residential, commercial, industrial and other uses.

(Code 1973, § 18-1.2)

Sec. 26-37. - Application and interpretation.#

(a) This chapter shall apply to the incorporated area of the town in the manner prescribed by law. In interpreting and applying the provisions of this chapter, they shall be held to be the minimum requirements for the promotion of the public safety, health, convenience, comfort, prosperity, or general welfare. It is not intended by this chapter to interfere with, or abrogate or annul any easements, covenants, or other agreement between parties; provided, however, that where this chapter imposes a greater restriction upon the use of buildings or premises or imposes additional standards, or requires additional improvements or larger open spaces than are imposed or required by other resolutions, ordinances, rules, regulations, or by easements, covenants, or agreements, the provisions of this chapter shall govern, but further provided that where there is or appears to be conflict between the provisions of this chapter and chapter 34, the provisions of chapter 34 shall govern.

(b) As applied to this chapter, wherever references are made to the other ordinances of the town, county, or to the law contained in the Code of Virginia, as amended, such references shall hereby be deemed to include then applicable ordinance or code sections, as it may be amended or succeeded and then in force, without requirement to amend each reference contained herein. It is the further intent of this chapter that the provisions hereof change, automatically, and without more, to reflect changes in the law as the same may be applicable to the provisions of this chapter.

(Code 1973, § 18-1.3)

Sec. 26-63. - General rules of construction.#

The following general rules of construction shall apply to the regulations of this chapter:

(1) The singular number includes the plural and the plural the singular, unless the context clearly indicates the contrary.

(2) Words used in the present tense include the past and future tenses, and the future the present.

(3) The term "shall" is always mandatory. The term "may" is permissive.

(4) The term "building" or "structure" includes any part thereof, and the term "building" includes the term "structure."

(5) Words and terms not defined herein shall be interpreted in accord with their normal dictionary meaning and customary usage.

(Code 1973, § 18-2.1)

Sec. 26-64. - Terms defined.#

The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Accessory use or building means a subordinate use or building customarily incidental to and located on the same lot occupied by the main use or building, provided that such accessory building shall not be used for dwelling purposes.

Agent means the officer or agency, or both, designated by the town council to review and approve the subdivision of land and the plats of such subdivision when located wholly or partly within the town.

Alley means a permanent public or private way affording secondary means of access to abutting property.

Berm means a mound of soil, either natural or man-made, planted with grass or other vegetation, and used as a view obstruction or for water control.

Buffer means an area within a property or site, generally adjacent to and parallel with the property line or designated natural feature, either consisting of natural existing vegetation or created by the use of trees, shrubs, fences, and/or berms, designed to continuously limit view of and/or sound from the site to adjacent sites or properties or to maintain vegetation, absorb runoff or protect steep slopes and shorelines.

Building means any structure having a roof supported by columns or walls, for the housing or enclosure of persons, animals, or property of any kind.

Building line or building setback line means a line within a lot, so designated on a plat of subdivision, between which line and any lot line, the street line of any abutting street, or any slope, waterway, shoreline or wetland or other feature as herein designated, no building or structure may be erected except as herein provided.

Building setback means the minimum distance that a building must be set back from a street, lot line or other feature as required by a building setback line so designated on a plat of subdivision. The building setback may be more but shall not be less than required in chapter 34.

Capped system means a completed water supply and/or sewerage system put in place for future use (contingent upon expansion or availability at connections), rather than to meet immediate development needs.

Cemetery means any land or structure used or intended to be used for the interment of human remains, with or without sale of lots. The sprinkling of ashes or their burial in a biodegradable container on church grounds shall not constitute creation of a cemetery.

Channel means the bed and banks of a natural stream which convey the constant or intermittent flow of the stream.

Channelization means the straightening and deepening of channels and/or the surfacing thereof to permit water to move rapidly and/or directly.

Chesapeake Bay Preservation Act means the Chesapeake Bay Preservation Act found in chapter 21, section 10.1-2100 et seq., of chapter 21 of title 10.1 of the Code of Virginia.

Chesapeake Bay Preservation Area Designation and Management Regulations means regulations issued by the Chesapeake Bay Local Assistance Board under the authority of Code of Virginia, §§ 10.1-2103 and 10.1-2107 of chapter 21 of title 10.1, the Chesapeake Bay Preservation Act. The regulations establish the criteria for use by local governments in granting, denying, or modifying requests to rezone, subdivide, or to use and develop land in Chesapeake Bay Preservation Areas.

Chesapeake Bay Preservation Area means any land designated by a local government pursuant to part III, Chesapeake Bay Preservation Area Designation And Management Regulations, and Code of Virginia, § 10.1-2107. The Chesapeake Bay Preservation Area and Overlay District of the town are shown on the Chesapeake Bay Preservation Area Map dated November 15, 1992, which is incorporated by reference in chapter 34, as amended, and is publicly displayed in the office of the zoning administrator.

Cluster development. See Residential cluster.

Collector street. See Street, collector.

Commission means the planning commission of the town.

Common open space means an open space area as herein defined within or related to a site designated as a development or subdivision, and designed and intended for the use or enjoyment of residents and owners of the development or subdivision. The term "common open space" may include such complementary structures and improvements as are necessary and appropriate for the use or enjoyment of residents and owners of the development.

Comprehensive plan means the comprehensive plan of the town as amended.

Concept plan means a preliminary presentation or sketch plan and attendant documentation of a proposed subdivision or a site plan of sufficient accuracy to be used for the purpose of discussion and classification.

Condominium means real property and any incidentals thereto or interests therein which have been or are to be lawfully established as such under the Virginia Condominium Act.

Construction plans means engineering plans for construction of streets, utilities and other improvements.

Conventional development means development other than planned development.

Crosswalkway means a public way intended for pedestrian use and excluding motor vehicles, which cuts across a block in order to furnish improved access to adjacent streets or properties.

Cul-de-sac means a minor street having but one end open for vehicular traffic and with the other end permanently terminated by an appropriate turnaround or backaround for vehicles.

Days means calendar days.

DBH means diameter at breast height or the diameter of a tree measured outside the bark of a point 4.5 feet above the ground.

Dedication means the intentional appropriation of land for some public use by the subdivider and accepted for that use by and in behalf of the public.

Detention basin means a man-made or natural water collector facility designed to collect surface and subsurface water in order to impede its flow and to release the same gradually at a rate not greater than that prior to the development of the property, into natural or man-made outlets.

Developer means the legal or beneficial owner of a lot or of any land proposed to be included in a proposed development or subdivision, including the holder of an option or contract to purchase, or any other person having enforceable proprietary interest in such land.

Drainage means the removal of surface water or groundwater from land by drains, grading, or other means. This includes control of runoff during and after construction or development to minimize erosion and sedimentation to assure the adequacy of existing and proposed culverts and bridges, to induce water recharge into the ground where practical, to lessen non-point source pollution, to maintain the integrity of stream channels for their biological functions as well as for drainage, and the means necessary for water supply preservation or prevention or alleviation of flooding.

Drainage facility means any component of the drainage system.

Drainage system means the system through which water flows from the land, including all watercourses, water bodies and wetlands.

Driveway means a paved or unpaved area used for ingress or egress of vehicles, and allowing access from a street to a building or other structure or facility.

Dwelling means a room or group of rooms within a building and constituting a separate and independent housekeeping unit occupied or intended to be occupied by one family, and containing kitchen, living, sleeping and sanitary facilities. The term "dwelling" includes buildings containing both one- and two-dwelling units.

Dwelling, multifamily, means a building containing three or more dwelling units.

Easement means an authorization by a property owner for use by another of any designated part of his property for one or more specified purposes, which purposes are consistent with the general property rights of the owner.

Engineer means an engineer licensed by the commonwealth.

Environmental constraints means features, natural resources, or land characteristics that are sensitive to modification and may require conservation measures or the application of creative development techniques to prevent degradation of the environment, or may require limited development, or in certain instances may preclude development.

Erosion means the detachment and movement of soil or rock fragments by water, wind, ice, and gravity.

Escrow means a deed, bond, money, or a piece of property delivered to a third person to be delivered by him to the grantee only upon fulfillment of a condition.

Exempt subdivision. See Subdivision.

Floodplain means:

(1) A relatively flat or low land area adjoining a river, stream, or watercourse which is subject to partial or complete inundation;

(2) An area subject to the unusual and rapid accumulation or runoff of surface waters from any source.

Frontage. See Lot frontage.

General development plan means a plan outlining general, rather than detailed, development intentions. It describes the basic parameters of a major development proposal, rather than giving full engineering details. As such, it allows general intentions to be proposed and discussed without the extensive costs involved in submitting a detailed proposal.

Governing body means the town council.

Grade means the slope of a street, or other public way, or land area specified in percentage terms.

Ground cover means low-growing plants or sod that in time form a dense mat covering the area in which they are planted preventing soil from being blown or washed away and the growth of unwanted plants.

Health officer means the health officer or sanitarian of the county department of health.

Individual sewage disposal system means a septic tank, seepage tile sewage disposal system, or any other approved sewage treatment device serving a single unit.

Intersection means the area embraced within the prolongation of the lateral boundary lines of two or more streets which join one another at an angle whether or not one such street crosses the other.

Jurisdiction means the area or territory subject to the legislative control of the governing body.

Large lot subdivision means a subdivision of land provided that such subdivision does not involve:

(1) A planned development or residential cluster development;

(2) The extension of any off-site improvement, the cost of which is to be prorated pursuant to this chapter or other laws and ordinances; or

(3) Any lots of a size less than five acres. (Procedures and conditions for approval of large lot subdivisions are contained in articles I and IV of this chapter.)

Lot means a portion of a subdivision or other parcel of land intended for the transfer of ownership or for building development, whether immediate or future.

Lot area means the total horizontal area within the lot lines of the lot and expressed in terms of acres or square feet.

Lot, corner, means a lot abutting upon two or more streets at their intersection, the shortest side of which shall be considered the front of the lot.

Lot depth means the average horizontal distance between the front and rear lot lines.

Lot, double frontage, means a lot, other than a corner lot, which has frontage on two streets.

Lot frontage means that portion of a lot extending along a street line or upon a water body, beach or wetland as the case may require.

Lot, interior, means a lot other than a corner lot.

Lot line means the boundary line of the lot.

Lot of record means a lot which has been recorded in the office of the clerk of court of the appropriate court.

Lot, waterfront, means a lot that includes, touches upon, or is within 100 feet of the mean low water mark of a natural or man-made body of water or a beach or wetland.

Lot width means the horizontal distance between the side lot lines measured at the front building setback line.

Maintenance bond means any security that is acceptable to the governing body to assure the maintenance of approved installations by developers.

Maintenance guarantee means any security, other than cash, that may be accepted by the county for the maintenance of any required improvements.

Major subdivision means any subdivision not classified as a minor subdivision or a large lot subdivision.

Major thoroughfares plan means as written in the comprehensive plan and legally adopted by the town council.

Marginal access street means a service street that runs parallel to a higher-order street which, for purposes of safety, provides access to abutting properties and separation from through traffic. It may be designed as a residential access street or subcollector as anticipated daily traffic dictates.

Minor street means a street other than a major thoroughfare or collector street and intended primarily for providing low volume traffic access to abutting properties of limited number.

Minor subdivision means a subdivision of land of not more than seven lots provided that such subdivision does not involve:

(1) A planned development or residential cluster subdivision; or

(2) The extension of any off-site improvement, the cost of which is to be prorated pursuant to this chapter or other laws and ordinances. (Procedures and conditions for approval of minor subdivisions are contained in articles I and IV of this chapter.)

Open space means any parcel or area of land or water essentially unimproved and set aside, dedicated,

Sec. 26-87. - Procedures for subdivision—Application.#

Whenever any subdivision of land is proposed within any territory to which this chapter applies and before any permit for the erection of a structure shall be granted the subdivider or his agent shall apply in writing to the planning commission at least two weeks prior to the regularly scheduled meeting of the planning commission at which action on the preliminary plat is desired for approval of his subdivision plat and submit three copies of the preliminary lot, street, and utilities layout.

(Code 1973, § 18-4.1)

Article VI. - Subdivision Procedures and Design Standards#

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Sec. 26-88. - Procedures for subdivision—Preliminary plat.#

The subdivider shall submit his preliminary plat in conformity with article VII of this chapter.

(Code 1973, § 18-4.2)

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Sec. 26-89. - Procedures for subdivision—Preliminary plat review, approval.#

(a) The preliminary plat shall be checked by the planning commission for conformity with the comprehensive plan, zoning and other regulations and the design principles and standards and requirements for submission as set forth in this article. Copies of the preliminary plat shall be referred to the highway engineer, health officer and other appropriate public officials concerned with public improvements or health requirements, for review and approval.

(b) The planning commission shall discuss the preliminary plat with the subdivider at a meeting of the planning commission. The subdivider shall publish a notice in a newspaper published in or having general circulation in the town a notice of the time and place of such discussion, giving the general location of the property in order that any interested party may appear. Such notice shall be published one time at least 15 days prior to the date for discussion.

(c) After such discussion the planning commission shall communicate within 45 days in writing to the developer:

(1) Specific changes that are required in the preliminary plat;

(2) The character and extent of public improvements that will have to be made in keeping with the public health, safety, morals and general welfare; and

(3) The amount of construction or improvement of the amount of performance or payment bond which it will require as a prerequisite to approval of the final subdivision plat.

(Code 1973, § 18-4.3)

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Sec. 26-90. - Procedures for subdivision—Final plat.#

The subdivider shall within six months, after official notifications by the planning commission in respect to the preliminary layout, file with the planning commission the final subdivision plat in accordance with article VII of this chapter at least two weeks prior to a regularly scheduled meeting of the planning commission at which action on the final plat is desired.

(Code 1973, § 18-4.4)

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Sec. 26-91. - Procedures for subdivision—Final plat approval.#

The planning commission shall, within 60 days from the date of the submission of the final plat, approve, modify or disapprove such plat and failure to act within 60 days shall be deemed approval.

(Code 1973, § 18-4.5)

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Sec. 26-92. - Procedures for subdivision—Final plat effective.#

Approval of the plat shall not be finally effective until the subdivider has complied with the general requirements and minimum standards of design in accordance with article VI of this chapter and made or provided for the improvements as required by the planning commission pursuant to articles V and VI of this chapter, to the satisfaction of the planning commission and so certified on said plat by the agent.

(Code 1973, § 18-4.6)

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Sec. 26-93. - Procedures for subdivision—Final plat recording.#

Unless the owner of the subdivision shall have said plat recorded in the office of the clerk of the circuit court, within 120 days after its final approval by the planning commission and before any lots are sold in said subdivision, the approval of the plan of said subdivision shall be deemed to have been withdrawn and the said plat shall be marked void and returned to the planning commission.

(Code 1973, § 18-4.7)

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Sec. 26-94. - Procedures for subdivision—Additional final plats.#

The final plat may be for all the property included in the preliminary plat, or it may be limited to any portion thereof which is intended to be developed as a unit. Additional final plats, covering additional units of the property, may be submitted later, provided that the preliminary plat is still valid. Every final plat shall be substantially in accordance with the tentatively approved preliminary plat, including any changes or additions required by the planning commission as a condition for its tentative approval, and it shall conform in every respect with the requirements for the preparation of such plat as set forth in article V of this chapter.

(Code 1973, § 18-4.8)

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Sec. 26-117. - General requirements.#

(a) The subdivision layout shall conform in all essential respects with the adopted comprehensive plan for the town.

(b) The subdivision layout shall be in full compliance with the provisions of chapter 34, as amended, to include the provisions of division 9 of article VI of chapter 34. The CB-1 Chesapeake Bay District was enacted under authority of Code of Virginia, § 10.1-2100 et seq. (the Chesapeake Bay Preservation Act), and incorporates the Land Use and Development Performance Criteria of part IV, VR 173-02-01, Chesapeake Bay Preservation Area Designation and Management Regulations, dated November 15, 1990. Refer to article III of this chapter for further information on the Chesapeake Bay Preservation Act. The subdivision layout shall also be in full compliance with chapter 34, to include any limitations on area, dimensions, number or locations of lots.

(c) The subdivision layout shall be designed in accordance with the principles and standards contained in this chapter with the objective of achieving compatibility of the subdivision and adjoining areas. Experimentation with new layout and design techniques is encouraged and such designs as are approved under chapter 34 are permitted under these regulations controlling the subdivision of land.

(d) A cemetery shall be considered a subdivision for the purposes of this article and shall be subject to the same general standards and review procedures as any other subdivision but need not comply with the specific design standards for streets, blocks and lots as required for other subdivisions. Any cemetery hereafter established, whether intended for public or private use, shall make provision for public access by a right-of-way at least 50 feet in width§.

(Code 1973, § 18-5.1)

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Sec. 26-118. - Suitability of land generally.#

(a) The agent shall not approve a subdivision of land if, from adequate investigations conducted by all necessary public agencies concerned, it has been determined by any such agency that the land is not suitable for subdivision and development purposes of the kind proposed. Furthermore, a subdivision for residential development purposes shall not be approved if it contains lots which are not suitable for residential occupancy for one of the following reasons or such other reasons that, in the opinion of the agent, may endanger the health, safety, property, and welfare of persons building and living on that lot or other properties:

(1) Land which is topographically unsuitable which by reason of steep slopes will require extensive grading or unusual construction practices in order for development to take place or which would provide less than 10,000 useable square feet of contiguous building area with slopes of less than 15 percent§;

(2) Land with soils which by health department regulations or the provisions of this chapter are unsuitable for septic system drainfields and where no other means of sewage treatment is provided;

(3) Land with potentially injurious conditions resulting from special soil and water conditions such as shrinking and swelling clays and/or marine clays, unless such conditions can be rendered harmless by standard development and construction practices. All such areas must be clearly indicated on the plat; and

(4) Land with other adverse physical conditions identified by the public agencies involved, such as habitat of rare and endangered species, special and significant wildlife habitat, historic structures and sites, and identified sites of archaeological importance.

(b) Where on-lot sewage disposal systems, such as septic tanks and drainage fields, are proposed, a professional soils report stating the suitability of the land for such systems shall accompany an application for preliminary approval as set forth in article VI of this chapter. Subdivisions shall not be approved where lots are of insufficient size or inappropriately shaped for construction of a residence and a suitable area, as needed, for a well, septic tank, septic drainfield and reserve drainfield. The subdivider shall certify to the purchaser in writing, duly acknowledged as may be required by law for recording a deed, that each lot offered for sale has passed satisfactory percolation tests by the county department of health and/or an independent engineering analysis approved by the county department of health, unless public sewage has been provided. The subdivider shall also certify that adequate drinking water is available for the lot as specified by this chapter.

(c) Land shall not be subdivided which does not have access provided to each lot over suitable terrain as to provide reasonable means of ingress and egress.

(d) Wetlands as defined in chapter 34, Chesapeake Bay Preservation Area Overlay District (CB-1), or any land subject to periodic flooding, shall not be subdivided in such a way as to provide sites for residential occupancy nor for any other use which might involve danger to health, life, or property, or aggravate the flood hazard, and any such land within the proposed subdivision whether it be within a lot or reserved for common use of subdivision occupants shall be restricted against buildings or otherwise reserved for uses which will not be endangered by periodic or occasional inundation. To insure sufficient buildable land which is flood free, the agent may require the subdivider to provide elevation and flood profiles sufficient to demonstrate the land to be free of the danger of floodwaters.

(e) Any land herein described as unsuitable for building sites shall be clearly indicated on the preliminary and final plats or site plan and, except as may be permitted in an approved residential cluster development, shall not be used to satisfy the minimum lot size requirements as prescribed by chapter 34 or by the county health official for necessary septic and well installations, or the minimum lot area requirements of this chapter.

(f) A plat for the subdivision of land with poor drainage, excessive slope or other adverse physical conditions will be considered for approval only if the subdivider shall agree in writing to make whatever improvements are necessary, and which, in the judgment of the agent, will comply with the provisions of this chapter and render the land safe and otherwise acceptable for development.

(Code 1973, § 18-5.2)

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Sec. 26-119. - Erosion, sediment control and grading.#

(a) Subdivision plans shall provide for control of temporary flooding, erosion and sediment control in accord with applicable laws and ordinances. In general, the design of the subdivision shall be such as to minimize grading and disturbance of natural vegetation. Natural contours and stormwater channels shall be respected and retained where possible.

(b) The preliminary plat for a major subdivision shall be accompanied by a conceptual grading plan with notes on a topographic map as required to show soil types and limits for clearing and grading and other disturbance, existing and proposed grades, and location of natural watercourses, wetlands and floodplains.

(c) The preliminary plat for any subdivision shall show the location of unusual soil conditions, hydric soils, shrink-swell clays, steep slopes (generally those with a grade of 15 percent or more) and highly erodible areas as delineated on the town's soils and slopes maps and shall be accompanied by a soils report which describes unusual conditions and measures proposed to mitigate hazardous conditions.

(d) No grading shall occur within 100 feet of any perennial watercourse or wetland§ except as provided by this chapter and chapter 34 for specific waterfront or water-dependent facilities or for necessary utilities and street construction.

(Code 1973, § 18-5.3)

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Sec. 26-120. - Tree and vegetation protection.#

(a) To the extent that is economical and practical, natural vegetation and trees with a diameter of 12 inches or greater, shall be protected and preserved§ within the subdivision. Features and buffer areas to be protected and preserved shall be delineated on the preliminary plat and keyed to an appropriate statement of intent which is shown on the plat.

(b) Natural vegetation shall be left undisturbed as a buffer area during subdivision and development when existing as the following:

(1) On slopes of 15 percent or greater§;

(2) Within 100 feet of a designated wetlands area§;

(3) Within 100 feet of a perennial watercourse or wetland§; and

(4) Within 100 feet of an intermittent stream, provided:

a. Access paths and view corridors or sight lines may be cleared along waterways, lakes or wetlands. In general, trees larger than six inches DBH shall not be removed.

b. Where natural vegetation is removed it shall be replaced with other vegetation equally effective in retarding erosion and preserving natural appearance.

(Code 1973, § 18-5.4)

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Sec. 26-121. - Stormwater, floodplain management and flood protection.#

(a) The preliminary plat for a major subdivision shall be accompanied by a stormwater management plan showing information for determination of improvements necessary for controlling stormwater runoff, including drainage plans and flood control devices.

(b) The preliminary plat for any subdivision shall show natural drainage patterns and a complete drainage layout, including pipe sizes and types, stormwater detention and retention facilities, drainage easements and means of transporting drainage to a well-defined open stream.

(c) The stormwater management plan shall preserve natural drainageways and wetlands, maximize infiltration of stormwater and minimize off-site discharge of stormwater. In general, impervious surfaces near waterfronts and wetlands shall be avoided; grass swales shall be utilized and curb and gutter and paved ditches shall be avoided except where necessary to prevent erosion in accord with the standards of the state department of transportation.

(d) Where a subdivision is traversed by a natural drainageway through which water flows continuously or intermittently there shall be provided an easement with a minimum width of 15 feet§ conforming substantially with the boundaries of such drainageway and such additional width as may be necessary for drainage and utilities at a particular location.

(e) A continuing maintenance plan, including an owner's association if necessary, shall be submitted for all elements of the drainage and flood control system which will not be the responsibility of the town or the state department of transportation. The subdivider shall provide assurance that all facilities are in good repair and properly functioning when the last lot is sold.

(f) Areas subject to periodic flooding (100-year flood) shall be delineated on preliminary and final plats.

(g) Residential building sites in areas subject to periodic flooding shall be avoided. (Lot areas may include areas subject to flooding which are in excess of minimum lot area requirements.)

(h) Construction in areas subject to flooding shall be in accord with National Flood Insurance Program regulations.

(Code 1973, § 18-5.5)

Sec. 26-122. - Shoreline protection and waterfront facilities.#

(a) For shoreline subdivisions which include docks, piers, marinas, boat ramps and other water-related development a joint Virginia Marine Resources Commission (VMRC) permit application for filling, dredging, or construction in wetlands or waterways shall be submitted by the subdivider with the preliminary plat. The joint application will be forwarded to VMRC which will coordinate permit review with the county wetlands board, the U.S. Army Corps of Engineers and other local state and federal agencies as required.

(b) The preliminary plat or site plan shall show the location of all proposed docks, piers, marinas, boat ramps, community water access and other water-related structures and facilities, together with water depths by contours or otherwise, current flow directions, tidal action, and the location and extent of beaches, wetlands, swamps, subaquatic vegetation and shellfish beds.

(c) Design of waterfront facilities or construction in wetlands and other subaqueous areas shall comply with Subaqueous Guidelines and Criteria for Siting of Marinas or Community Facilities for Boat Mooring of the Virginia Marine Resources Commission, Virginia Institute of Marine Science Wetlands Guidelines and other applicable state and federal guidelines, criteria and regulations.

(d) Designs shall encourage floating docks rather than fixed piers and joint-use facilities rather than single-use facilities.

(e) Designs shall not include filling on subaqueous land or in wetlands for the purpose of creating highland property.

(f) When shoreline stabilization is necessary, the design should rely on nonstructural rather than structural methods in order to preserve natural shoreline vegetation. Bulkheading, riprap, retaining walls, and similar shoreline hardening methods should be avoided. Required shoreline stabilization shall be placed behind vegetated wetlands.

(g) Where structural shoreline stabilization methods are used, the preliminary plat shall be accompanied by a maintenance plan which describes responsibility, procedures and anticipated frequency of maintenance. In general structural stabilization methods should be designed and constructed to be maintenance free for at least ten years with an expected life of 30 years.

(Code 1973, § 18-5.6)

Sec. 26-123. - Street layout standards.#

(a) The location, alignment, grade, width and drainage of all streets and roads shall comply with the design standards and specifications for roads, streets, drainage, water and sewer construction and improvements on file in the office of the agent and applicable specifications of the state department of transportation, and shall substantially correspond to existing and planned streets insofar as topographical conditions, public convenience and safety, and the proposed uses of land to be served will permit.

(b) The street layout shall be designed to create desirable building sites while respecting existing topography and shorelines, avoiding impact on wetlands, minimizing street grades, avoiding excessive cuts and fills, and preserving trees, all to the maximum extent feasible for a reasonable economic use of the land.

(c) Streets shall be spaced to allow for blocks meeting the dimensional requirements contained herein and to minimize the number of intersections with existing or proposed arterial thoroughfares.

(d) Where the subdivision adjoins or contains any part of a U.S. highway, state primary highway, or state secondary highway designated as a collector street, the layout of such subdivision shall provide for the platting and dedication of such part of the major or collector thoroughfare in the location and at the width indicated on such plan, except that the subdivider shall not be required to dedicate that part of such thoroughfare which is in excess of 80 feet in width.

(e) Where deemed appropriate to the design of the subdivision and its relation to adjoining areas, the agent may require the platting and dedication of one or more collector streets, or parts thereof, to serve the subdivision.

(f) Minor residential streets intended primarily for access to individual properties shall be so arranged as to discourage their use by through traffic.

(g) Streets shall be laid out to intersect one another at as near right angles as topography and the limiting factors of design will permit, and no street shall intersect another street at an angle of less than 70 degrees for a minor street or 80 degrees for an arterial thoroughfare.

(h) Proposed streets in the subdivision shall provide for the continuation of existing, planned, or platted streets on adjacent tracts, unless such continuation shall be prevented by topography or other physical condition, or unless the agent finds such extension to be unnecessary for the coordination of development between the subdivision and such adjacent tract.

(i) Where the agent deems it appropriate or necessary to provide access to adjacent tracts not presently subdivided, proposed streets in the subdivision shall be extended to the boundary lines with such adjacent tracts and temporary turnarounds shall be provided at the ends of such streets by means of temporary easements or other appropriate means.

(j) Where the subdivision adjoins or contains a U.S. highway or state primary highway, the agent may require that measures to be taken to reduce the impact of heavy traffic on the residential lots abutting or fronting upon such thoroughfare and to afford separation of through and local traffic, through one of the following means:

(1) By providing vehicular access to such lots by means of a marginal access street or service drive separated from the highway by a planting strip at least 30 feet in width and connecting therewith at infrequent intervals.

(2) By designing reverse frontage lots having access only from a parallel minor street or from a cul-de-sac or loop street, and with vehicular access to such lots from the major thoroughfare prohibited by deed restrictions or other means.

The choice of the most appropriate method of accomplishing the desired purpose in a specific instance shall be made by the agent giving consideration to topography and other physical conditions, the character of existing and contemplated development in the subdivision and its surroundings, and other pertinent factors.

(k) Cul-de-sac streets generally not exceeding 400 feet in length shall be permitted where they are necessitated by topographic conditions or where, in the judgment of the agent, such streets are appropriate to the type of development proposed. Each cul-de-sac must be terminated by a turnaround of not less than 90 feet in diameter.

(l) Alleys shall be provided in business, commercial and industrial areas, unless adequate access to parking and loading area is provided by other means. Alleys shall not be permitted in residential areas except to provide rear access to attached dwellings or multiple dwellings or where required by topographic or other unusual conditions. In the absence of alleys, easements shall be provided for utility lines and/or drainage facilities.

(m) Except as listed below in this subsection, there shall be no private streets platted in any subdivision and every subdivided property shall be served from a publicly dedicated street constructed to standards of the state department of transportation.

(1) In the case of a minor subdivision in which there are no more than seven lots and in which no lot is less than one acre in area, private streets may be permitted, provided:

a. There is a direct connection to a state maintained public street and no more than one such connection;

b. That the right-of-way is not less than 50 feet in width§ or more than 1,200 feet in length and is graded and constructed to state department of transportation standards for an all-weather road base. The subdivision plat and all approved deeds of subdivision, or similar instruments, must contain a statement advising that the street does not meet state standards and will not be maintained by the state department of transportation or the town, that lot owners are responsible for a proportionate share of maintenance and repair of the street, and that no public agency will be responsible for any costs involved in having the street brought up to state standards for acceptance into the state secondary system of highways. Subsequent grantors of any subdivision lots to which such statement applies must also include the statement on each deed of conveyance thereof;

c. The subdivision complies with the design and improvement requirements of this chapter except for street paving;

d. The subdivision plat is approved by the state department of transportation and other state and federal agencies as may be required;

e. That the subdivision and all lots are designed and appropriately restricted so as to preclude any resubdivision or addition which would increase the number of lots served by the street to more than seven or reduce lot area to less than one acre.

(2) In the case of a cluster subdivision or planned development as approved by the town council, private streets may be permitted provided the minimum right-of-way is established at not less than 40 feet in width§ and is graded and constructed to state department of transportation standards for an all-weather road base and provided the design of streets and lots is such as to inhibit future expansion of the subdivision beyond that area which is approved. The subdivision plat or site plan and deeds shall be restricted as in subsection (m)(1)b of this section and the plat shall comply with subsections (m)(1)c and (m)(1)d of this section.

(3) In the case of a large lot subdivision (no lot is less than five acres in area) private streets may be permitted, provided:

a. There is a direct connection to a state-maintained public street and no more than one such connection;

b. That the right-of-way is not less than 50 feet in width and meets all state department of transportation requirements for layout, alignment, elevation, and drainage as would be required for a public street. The subdivision plat and all approved deeds of subdivision, or similar instruments, must contain a statement advising that the street does not meet state standards and will not be maintained by the town department of transportation, that lot owners are responsible for a proportionate share of maintenance and repair of the street, and that no public agency shall be responsible for any costs involved in having the street brought up to state standards for acceptance into the state secondary system of highways. Subsequent grantors of any subdivision lots to which such statement applies must also include the statement on each deed of conveyance thereof;

c. The subdivision complies with the design and improvement requirements of this chapter except for street construction;

d. The subdivision plat shall be reviewed by the state department of transportation and other state and federal agencies as may be required, and a letter shall be required from the town department of transportation stating that the plat was reviewed and that the street design appears to meet all Department standards;

e. That the subdivision and all lots are designed and appropriately restricted so as to preclude any resubdivision which would reduce lot area to less than five acres.

(n) Easements for ingress and egress for public emergency and maintenance vehicles shall be granted to the town for all private streets. Such easements shall be recorded with the instruments which create the private streets. The provisions of this section shall not apply to private streets of record prior to August 17, 1992.

(o) No land shall be reserved, held or controlled for the purpose of prohibiting access to streets and roads unless owned, held or controlled exclusively by the town or an agency of the state or federal government.

(p) There shall be no private streets platted in any subdivision. Every subdivided property shall be served from a publicly dedicated street. There shall be no reserve strips controlling access to streets.

(q) Proposed streets which are obviously in alignment with other existing and already named streets, shall bear the names of the already existing streets. In no case shall the names of the proposed streets duplicate existing street names irrespective of the use of the suffix street, avenue, boulevard, drive, way, place, lane, court. Street names shall be indicated on the preliminary and final plats, and shall be approved by the agent. Names of existing streets shall not be changed except pursuant to chapter 34.

(r) Street identification signs of a design approved by the town administration shall be installed at all intersections.

(Code 1973, § 18-5.7)

Sec. 26-124. - Street design standards.#

(a) Right-of-way widths.

(1) Right-of-way widths for major thoroughfares, U.S. highways and state primary highways, shall be in accordance with the current standards of the state department of transportation.

(2) Right-of-way widths for other street types shall be not less than 80 feet for state secondary highways designated as collector streets§; 60 feet for minor streets in multiple-family residential, commercial, and industrial areas§; 50 feet for minor streets in other residential areas§; and 16 feet for alleys§. Current state department of transportation standards shall supersede requirements of this section.

(3) Under special design conditions approved as a part of a cluster subdivision, or in the case of a short street section with minimum traffic service requirements, the right-of-way for minor residential streets may be reduced, but in no case to less than 40 feet and provided that the agent may require a minimum right-of-way of 50 feet to ensure continuity of the street system and appropriate future subdivision of adjacent properties.

(b) Roadway widths. Roadway pavement widths for major thoroughfares shall be not less than the minimum specified by the state department of transportation, but in any case not less than 20 feet. Generally the roadway widths for streets shall not be less than the following:

(1) Collector streets, and minor streets in multiple-family residential, commercial, and industrial areas: 36 feet paved§, including curbs, and gutters, where provided, except that collector streets serving single-family residential lots of one acre or more may, with the approval of the agent, have a minimum paved roadway width of 20 feet.

(2) Minor streets in single-family residential areas, and service drives: 24 feet paved§, including curbs and gutters, where provided, except that streets serving lots of one acre or more may with the approval of the agent, have a minimum paved roadway width of 20 feet.

(3) Alleys: ten feet unpaved§.

(4) Private streets: except as provided in subsection (a) of this section, right-of-way widths for private streets shall be in accord with section 26-123(m). Roadway width, grading, and paving shall be as follows:

a. Where the design of the subdivision is approved as a minor subdivision with private streets, the street shall be graded in accordance with standards of the state department of transportation to provide adequate drainage for a compacted gravel or crushed stone roadway at least four inches in depth and 16 feet in width§. No surface treatment is required. A performance bond will be required to ensure proper and complete construction.

b. Where a cluster subdivision or planned development is approved with a private street or common driveway by the town council, the street or driveway shall be graded to provide adequate drainage for a compacted gravel or crushed stone roadway at least four inches in depth and 14 feet in width§. No surface treatment is required. A performance bond will be required to ensure proper and complete construction.

c. All costs of inspection of drainage and pavement, including employment of an engineer, shall be borne by the subdivider.

(c) Culs-de-sac. Cul-de-sac streets shall have a turnaround of appropriate shape not less than 90 feet in least dimension§, and with a circular roadway of not less than 40 foot radius§, provided that the agent may approve a "T" or "Y" backaround or other design to facilitate entrance and exit.

(d) Scenic roads. Where an existing or proposed street or roadway is designated as a scenic road or by-way on the comprehensive plan, the purpose and standards established for such roads to maintain their scenic and historic qualities shall be observed in design and development of an adjacent subdivision, including, but not limited to, such factors as maintenance of existing alignments and natural vegetation, appropriate pavement design, replanting of vegetation or construction of berms where necessary, and due care with respect to location and design of access points.

(e) Street grades. Street grades shall not be less than 0.25 percent§ or greater than ten percent§.

(f) Curvature. The radius of curvature on the centerline for arterial thoroughfares, collector streets, and minor streets, service drives, and alleys shall be in accord with standards of the state department of transportation. Between reversed curves either of which has a radius of less than 200 feet, there shall be a tangent section at least 100 feet in length.

(g) Intersections. Each property corner at street intersections shall be rounded by an arc, the radius of which shall be not less than 25 feet§. Curbs at street intersections shall be rounded concentrically with the property lines. The design of the intersection should provide clear sight distance for oncoming vehicles, and there should be a suitable leveling of the street grade within and approaching the intersection in accord with standards of the state department of transportation.

(Code 1973, § 18-5.8)

Article V. - Subdivision Design Standards#

Sec. 26-125. - Blocks.#

(a) Generally, the minimum and maximum length of residential blocks shall not be fixed, but shall be controlled by considerations of public safety, traffic flow, and existing topographic conditions. Blocks may not exceed 1,200 feet in length§, or be less than 400 feet in length§, between street lines. In any residential block more than 800 feet in length, a crosswalkway of not less than ten feet in width may be required§ where necessary to provide convenient access to schools, recreation areas, and other community facilities.

(b) Residential blocks shall normally be of sufficient width to provide two tiers of lots of appropriate depth, except where fronting on major streets, unless prevented by topological conditions or size of the property, in which case the agent may approve a single tier of lots of minimum depth.

(c) Where a proposed subdivision will adjoin a major road, the agent may require that a greater dimension of the block shall front or back upon such major thoroughfare to avoid unnecessary ingress or egress.

(d) Blocks for business or industrial use shall be of such length and width as may be necessary to serve their prospective use, including adequate provision for off-street parking and for the loading and unloading of delivery vehicles.

(e) Irregularly shaped blocks indented by culs-de-sac or looped streets, and containing interior parks or playgrounds, will be acceptable when properly designed and where provision is made for adequate parking and for the maintenance of the public or common use recreation area.

(Code 1973, § 18-5.9)

Sec. 26-126. - Lots.#

(a) Each lot shall abut on a street dedicated by the subdivision plat, or an existing publicly dedicated street, or on a street which has become public by right of use. If the existing streets are not in accordance with state department of transportation standards, the subdivider will make provisions in the deeds for the lots for all buildings to be so constructed as to permit the widening by dedications of such roads or streets to a width required.

(b) The lot arrangement, design, and orientation, shall be such that all lots will provide satisfactory building sites, properly related to topography and the character of surrounding development.

(c) The dimensions and areas of all lots shall comply with the requirements of the zoning district in which they are located. In any case where public water supply and/or public sewerage are not available or are not to be provided, all residential lots shall comply with the minimum lot dimensions and areas established by the county health officer after appropriate water percolation tests have been performed, which dimensions may be greater than required under the zoning regulations. At least one field replacement area shall be designated for use in case of disposal field failure.

(d) Reduction of lot area, lot width and yard area is permitted for planned unit development subdivisions (PUDs) as specified under chapter 34.

(e) Exceptions. Greater lot areas may be required by the agent where individual septic tanks or individual wells are used, if the health official determines that there are factors of drainage, soil conditions, or other conditions to cause potential health problems. The agent may require that data from soil analysis be submitted as a basis for approving subdivisions dependent on septic tanks as a means of sewage disposal.

(f) Where some lots in a subdivision have access to a water body or beach and other lots in the same subdivision do not, provision shall be made for community access to the water body or beach at one or more appropriate locations to be maintained as common open space.

(g) Remnants or parcels of land below minimum area, including parcels which fail percolation tests, which may be left over after subdivision of a tract shall be added to adjacent lots, or otherwise disposed of rather than allowed to remain as unusable parcels.

(h) Excessive lot depth in relation to lot width shall be avoided. Except for unusual topographic conditions as determined by the agent, a ratio of depth to width of two to one shall be considered a desirable maximum.§

(i) Every lot shall abut upon, and have access to, a street or road as herein defined. Where so-called flag lots or panhandle lots are utilized to provide common access points and minimize street construction, the number of adjacent and parallel narrow lot sections or accessways shall be limited, generally to no more than four§, so as not to create an unreasonable potential for confusion and dispute with respect to boundary locations. Provision of a single common use driveway shall be encouraged, particularly at access points to public or private streets or roads. The length of such accessways shall be related to proposed lot size but generally shall be limited to no more than 1,200 feet.§ Width of accessways shall not at any point be less than required minimum street frontage of 25 feet (20 feet for family subdivisions)§ and shall be located and aligned for reasonable access by motor vehicles, including emergency vehicles. Where the lot served is sufficiently large to permit further subdivision the minimum width of the accessway shall be 50 feet§ so that a street may be constructed when further subdivision takes place.

(j) Double frontage and reverse frontage lots shall be avoided, except where their use is essential to overcoming special topographic problems or to separating residential development from highway traffic.

(k) Corner lots shall provide sufficient width for minimum required setbacks from both streets.

(l) Residential lots fronting or abutting on primary or secondary highways or arterial thoroughfares shall desirably have extra lot depths and deeper building setbacks as required by this chapter or chapter 34.

(m) Generally, side lot lines shall be approximately at right angles or radial to the street line, except where a variation to this requirement will provide an improved street and lot layout.

(n) Where the land covered by a subdivision includes two or more parcels in separate ownership, and where the lot arrangement is such that a property ownership line divides one or more lots, the land in each lot so divided shall be transferred by deed to single ownership simultaneously with the recording of the final plat. Said deed shall be deposited with the clerk of the court and held with the final plat until the subdivider is ready to record same, and both shall then be recorded together.

(Code 1973, § 18-5.10)

Sec. 26-127. - Open space and recreation area.#

(a) The subdivision design shall reflect the community's need for open space sites for public facilities and recreation area as indicated in the comprehensive plan and as may be anticipated in demand created by development of the subdivision.

(b) Where a proposed park, public waterway and/or waterfront access site, playground, school, refuse container site, public safety facility or other public facility or public use as shown on the town comprehensive plan is located in whole or in part in a subdivision, the agent shall require that such areas within the subdivision be dedicated or reserved for purchase by the town or other appropriate agency. Where large-scale development occurs necessitating additional community facilities not shown on the comprehensive plan, the agent may require the dedication or reservation of new sites.

(c) All subdivisions containing more than 25 lots under five acres in area shall provide common open space and recreation area equal to at least five percent of the total area of all of the lots. This space is to be used by residents of the subdivision and shall include such things as parks, playgrounds, and general recreation areas. Land providing public or community waterfront access shall be considered as contributing to this requirement. Such common or public open space land shall be an amount not less than one acre in any single site§ and shall be suitable for its designated use in location and topography and shall be maintained by the subdivider until maintenance is assumed by a homeowner's association or other approved agency.

(d) Land reserved for public purchase shall be shown for future sale as lots by means of dashed lines and numbers on the preliminary and final plats and may be sold as such without filing an amended plat if public action to acquire the land has not been initiated within 18 months of recording the final plat.

(e) Shoreline subdivisions or projects which include multifamily development shall provide community access to and along the water's edge for all residents of the development. In addition, all new residential subdivisions on shorelines and which include lots which do not have direct access to the shoreline shall include community access to publicly owned water bodies by means of a pedestrian easement to the shoreline and a community recreation and open space area along the shoreline. Pedestrian easements along the shoreline are also encouraged. This requirement may be waived if the agent determines that shoreline is unsuitable for such purposes and/or if the adequate public access already exists in the area.

(f) Recreational areas and open space areas, whether publicly or privately owned, which are provided in conformance with approval of any form of cluster, lot averaging, multifamily, townhouse, or planned development provisions, and which equal or exceed the requirements for dedication as set forth herein, may completely and fully satisfy the above requirements provided the developer or subdivider shall satisfy the town council that there are adequate provisions to assure retention and future maintenance of said recreational areas.

(Code 1973, § 18-5.11)

Sec. 26-128. - Easements.#

(a) Where alleys are not provided in appropriate locations, easements of not less than 16 feet in width shall be provided where necessary to meet public utility requirements.§ Easements of greater width may be required along lot lines or across lots where necessary for the extension of trunk sewers or other primary utility lines.

(b) Where a proposed subdivision is traversed by any stream, watercourse, or drainageway, the subdivider shall make adequate provision for the proper drainage of surface water, including the provision of easements along such streams, watercourses, and drainageways, in accordance with standards established by the town. (See section 26-121.)

(c) Utility easements in private rights-of-way or in common use recreation areas may be permitted by the agent provided design considerations of the proposed subdivision warrant such easements. Necessary franchise and utility construction permits shall be obtained from the state department of transportation for utilities within public road right-of-way.

(d) No building, structure or obstruction shall be constructed, installed or situated on any easement without the authorization of the town council or other appropriate agencies.

(Code 1973, § 18-5.12)

Article VI. - Required Improvements#

Sec. 26-155. - Required improvements by subdivider.#

The subdivider shall be required to provide and install certain minimum improvements in the subdivision as a condition for approval of the final plat by the agent. All such required improvements shall be constructed in accordance with the minimum requirements of these regulations and the construction standards and specifications adopted by the appropriate town or state agency, or such other governmental agency as may have jurisdiction over a particular improvement. Nothing contained herein, however, shall be construed as prohibiting the subdivider from installing improvements meeting higher standards than the minimum requirements.

(Code 1973, § 18-6.1)

Sec. 26-156. - Monuments.#

(a) Permanent reference monuments, of stone or reinforced concrete and at least 24 inches in length§ and 3.5 inches by 3.5 inches square§ with suitable center point, shall be set flush with the finished grade. Such monuments shall be located at all street corners, at all points where street lines intersect exterior boundaries and at angle points and points of curvature and tangency in each street.

(b) Monuments of metal pipe at least three-quarters inch in outside diameter§ or solid metal rod one-half inch or more in diameter§ and at least 18 inches in length§, shall be set in place flush with the finished grade at all intersections of alleys with streets, at all points on alleys, and boundary lines where there is a change in direction or curvature, and at all lot corners.

(c) Prior to setting monuments, rough staking is permitted for purposes of installing utilities.

(d) Upon completion of subdivision streets, sewers and other improvements, the subdivider shall make certain that all monuments required by the agent are clearly visible for inspection and use. Such monuments shall be inspected and approved by the agent before any improvements are accepted by the town.

(e) Any person, developer, builder, firm or corporation shall take the necessary precautions to protect all monuments and metal markers during construction. Any monument which is moved or destroyed shall be immediately reported to the agent and shall be replaced by the subdivider as directed by the agent.

(Code 1973, § 18-6.2)

Sec. 26-157. - Roads and streets.#

All new roads and streets shall be constructed in accordance with the minimum requirements of these regulations and the minimum construction standards of the state department of transportation for public streets and/or the town for approved private streets. Where curbs and gutters are not provided, stabilized shoulders and stabilized drainways outside the shoulders shall be provided.

(Code 1973, § 18-6.3)

Sec. 26-158. - Surface drainage facilities.#

(a) In accordance with the requirements of this chapter and good engineering practice, the subdivision shall be provided with such storm drains, culverts, drainageways, or other works as are necessary to collect and dispose of surface and stormwater originating on or flowing across the subdivision, in order to prevent inundation and damage to streets, lots, and buildings in accordance with the approved stormwater management plan for the subdivision.

(b) A continuing maintenance plan shall be submitted in accordance with the requirements of article V of this chapter.

(Code 1973, § 18-6.4)

ARTICLE V. - SUBDIVISION REGULATIONS#

Sec. 26-159. - Erosion and sedimentation control.#

All subdivision plans shall include adequate provision for control of temporary flooding or erosion and sediment control, both during construction and after completion of construction in accord with applicable laws and ordinances and the requirements of article V of this chapter.

(Code 1973, § 18-6.5)

Sec. 26-160. - Shoreline protection and waterfront facilities.#

(a) Shoreline subdivisions shall be provided with shoreline protection and waterfront facilities in accordance with the provisions of article V of this chapter and chapter 34.

(b) A continuing maintenance plan shall be submitted in accordance with the requirements of article IV of this chapter.

(Code 1973, § 18-6.6)

Sec. 26-161. - Water supply facilities.#

Every subdivision with lots of such size as to require a public water supply under state or town regulations shall be provided with the town community water supply and distribution system and appropriately spaced fire hydrants. The source of supply may be the town water system or a private water system, in which case the distribution system for the subdivision shall meet the standards of chapter 32 and all other applicable town regulations and standards. In the case of a private water system, an arrangement secured by property in the subdivision for the ownership, maintenance and operation of the system shall be approved by the town attorney. The applicant shall reimburse to the town all cost for the town attorney's review and approval.

(Code 1973, § 18-6.7)

Sec. 26-162. - Fire protection.#

The agent may require special fire protection measures and facilities as may be reasonably necessary in a particular case, whether or not a public or community water supply is provided.

(Code 1973, § 18-6.8)

Sec. 26-163. - Sanitary sewerage facilities.#

(a) Every subdivision with lots of such size as to require a public sewer system under the provisions of this chapter or the zoning regulations or the regulations of the state or the town shall be provided with a community sanitary sewer system connected to the municipal system or to an adequate community sewerage disposal plant meeting the requirements of the state and the town. If connected to the municipal system, sewers shall be constructed to meet the standards and requirements of such system and shall become a part thereof without cost to the municipality. In the case of a private system, an arrangement secured by property in the subdivision for the ownership, maintenance and operation of the system shall be approved by the town attorney. The applicant shall reimburse to the town all cost for the town attorney's review and approval.

(b) Where a public sewerage system will not be available, private on-site means of sewage disposal meeting the requirements of the state department of health shall be provided; and, in addition, the department of health and/or the agent may require the installation and capping of sanitary sewer mains and house connections where plans for central sewer systems have been prepared and where evaluation of such plans indicates that public sewer service will be necessary in the reasonably foreseeable future to protect public health. The agent shall not approve any subdivision where sanitary sewers are not provided unless the agent shall receive in writing from the county health department a statement to the effect that the area contained in the subdivision is generally satisfactory for the installation of septic tanks and drainfields, and that they will not, so far as can be determined, create hazards to water quality or public health, and that such approval by the agent is only with the understanding that where septic tanks and drainfields are to be installed, these must be approved on an individual lot basis by the county health department.

(Code 1973, § 18-6.9)

Sec. 26-164. - Utilities to be installed on easements.#

(a) All utilities, poles or underground conduits for electric power lines or telephone lines shall be placed in alleys if such are provided or in easements appropriately located, generally along the rear or side lot lines whenever this is possible.

(b) Easements for natural drainageways and other drainage facilities, retention basins and other permanent erosion and sediment facilities shall be provided in accordance with the requirements of article V of this chapter.

(Code 1973, § 18-6.10)

Sec. 26-165. - Underground utilities.#

Where new electrical and telephone wires and cables are required for internal service to a subdivision, such wires and cables shall in general be placed underground in accord with the rules and specifications of the agent and special ordinances of the town. The agent may waive this requirement in the case of exceptionally large lots or unusual topographic conditions.

(Code 1973, § 18-6.11)

Sec. 26-166. - Off-site sewer, water and drainage costs.#

(a) The subdivider shall be required to pay the total and whole cost of providing reasonable and necessary sewer, water or drainage improvements located outside of the property limits of the land owned or controlled by him whenever the following conditions exist:

(1) The town determines that such off-site improvements to sewer, water, or drainage are necessitated at least in part by the construction or improvement of the subdivision.

(2) The town or other appropriate authority has established a general sewer, water, or drainage improvement program for an area having related and common water, sewer and drainage conditions.

(3) The subdivider's property is located within said designated area covered by such program.

(4) The estimated cost of the total water, sewer or drainage improvement program has been determined.

(5) The estimated water flow, sewerage flow or stormwater runoff has been established for the designated area served by such program.

(b) Such payment received by the town shall be expended only for construction of those facilities for which the payment was required, and until so expended shall be held in an interest-bearing account for the benefit of the subdivider; provided, however, that in lieu of such payment the town may permit the subdivider to post a bond with surety satisfactory to the town conditioned on payment at commencement of such construction.

(Code 1973, § 18-6.12)

Sec. 26-167. - Off-site road improvements.#

A subdivider may voluntarily contribute, and the town may accept, funds for off-site road improvements substantially generated and reasonably required by the construction or improvement of the subdivision.

(Code 1973, § 18-6.13)

Sec. 26-168. - Open space and recreation area.#

(a) Where improved open space and recreation area are provided in the subdivision such improvements shall be installed in accordance with the approved open space and recreation plan of the town's comprehensive plan.

(b) Any lands dedicated for open space purposes shall contain appropriate covenants and deed restrictions approved by the town attorney to ensure that:

(1) The open space area will not be further subdivided in the future.

(2) The use of the open space will continue in perpetuity for the purpose specified.

(3) Appropriate provisions are made for the maintenance of the open space.

(4) Common undeveloped open space shall not be turned into a commercial enterprise admitting the general public at a fee.

(c) The type of ownership of land dedicated for open space purposes shall be selected by the owner, developer, or subdivider, subject to the approval of the agent. Type of ownership may include, but is not necessarily limited to, the following:

(1) The town, subject to acceptance by the town council.

(2) Other public jurisdictions or agencies, subject to their acceptance.

(3) Quasi-public organizations, subject to their acceptance.

(4) Homeowner, condominium, or cooperative associations or organizations.

(5) Shared, undivided interest by all property owners in the subdivision.

(d) If the open space is owned and maintained by a homeowner or condominium association, the developer shall file a declaration of covenants and restrictions that will govern the association, to be submitted with the application for the preliminary approval. The provisions shall include, but are not necessarily limited to, the following:

(1) The homeowners' association must be established before the homes are sold.

(2) Membership must be mandatory for each homebuyer and any successive buyer.

(3) The open space restrictions must be permanent, not just for a period of years.

(4) The association must be responsible for liability insurance, local taxes, and the maintenance of recreational and other facilities.

(5) Homeowners must pay their pro rata share of the cost; the assessment levied by the association may become a lien on the property if allowed in the master deed establishing the homeowners' association.

(6) The association must be able to adjust the assessment to meet changed needs.

(e) Maintenance of open space areas.

(1) In the event that a non-public organization with the responsibility for the open space fails to maintain it in reasonable order and condition, the town council may serve written notice upon such organization or upon the owners of the development setting forth the manner in which the organization has failed to maintain the open space in reasonable condition, and said notice shall include a demand that such deficiencies of maintenance be remedied within 35 days thereof and shall state the date and place of a hearing thereon which shall be held within 15 days of the notice.

(2) At such hearing, the town council may modify the terms of the original notice as to deficiencies and may give a reasonable extension of time not to exceed 65 days within which they shall be remedied. If the deficiencies set forth in the original notice or in the modification thereof shall not be remedied within said 35 days or any permitted extension thereof, the town, in order to preserve the open space and maintain the same, may enter and maintain such land for a period of one year. Said entry and maintenance shall not vest in the public any rights to use the open space except when the same is voluntarily dedicated to the public by the owners. Before the expiration date of said year, the town council shall, upon its initiative or upon the request of the organization theretofore responsible for the maintenance of the open space, call a public hearing upon 15 days' written notice to such organization and to the owners of the development, to be held by the board, at which hearing such organization and the owners of the development shall show cause why such maintenance by the town shall not, at the election of the town, continue for a succeeding year. If the town council shall determine that such organization is ready and able to maintain said open space in reasonable condition, the town shall cease to maintain said open space at the end of said year. If the town council shall determine such organization is not ready and able to maintain said open space in a reasonable condition, the town may, in its discretion, continue to maintain said open space during the next succeeding year, subject to a similar hearing and determination, in each year thereafter. The decision of the town council or officer in any such case shall constitute a final administrative decision subject to judicial review.

(3) The cost of such maintenance by the town shall be assessed pro rata against the properties within the development that have a right of enjoyment of the open space in accordance with the homeowner's agreement, or if maintenance is not assessed by the homeowner's agreement, then by the assessed value at the time of imposition of the lien and shall become a lien and tax on said properties and be added to and be a part of the taxes to be levied and assessed thereon, and shall be enforced and collected with interest by the same officers and in the same manner as other taxes.

(Code 1973, § 18-6.14)

Sec. 26-169. - Trees.#

Trees of a kind approved by the agent may be planted in that portion of the subdivision dedicated for public purposes and along streets in accordance with approved landscaping standards and specifications.

(Code 1973, § 18-6.15)

Sec. 26-192. - Procedure generally.#

(a) The preliminary plat; generally. Whenever a subdivision is proposed to be made, and before any sale or contract for sale or any construction work, including clearing and grading, is started, the owner or proprietor of the proposed subdivision or his duly authorized representative shall cause a preliminary plat to be prepared together with improvement plans and other supplementary materials as required herein. The preliminary plat shall comply fully with the health, zoning and other applicable ordinances in effect at the time the plat is submitted for tentative approval.

(b) Sketch plan or concept plan. It is recommended, but not required, that the subdivider submit to the agent a preliminary sketch plan of the proposed subdivision, or general development plan for a condominium, apartment, townhouse project or water-dependent facility, prior to preparation of engineered preliminary and final plats. The purpose of such preliminary sketch plan is to permit the agent to advise the subdivider whether his plans are in general accord with the requirements of this chapter. The requirements of the preliminary plat are described in section 26-196. The agent, upon submission of any preliminary sketch, shall study same and advise the subdivider wherein it appears that changes would be necessary. The agent may mark the preliminary sketch plan indicating necessary changes and any such marked sketch shall accompany the preliminary plat.

(c) Application for tentative approval. Five copies, or more if necessary as determined by the agent, of the preliminary plat together with improvement plans for roads, water, sewer and other utilities and other supplementary material shall be submitted to the agent with written application for tentative approval. Such application shall be submitted so as to permit the agent at least 30 days from date of submission for review and investigation as set forth in the following sections. For major subdivisions which require planning commission review, the preliminary plat shall be submitted to the agent at least two weeks prior to a regularly scheduled meeting of the commission. If approval by a state or federal agency is necessary, the agent shall forthwith forward the application and preliminary plat to the appropriate agencies.

(d) Coordination with site plan review. Where a proposed subdivision accompanies and is a part of a development for which site plan approval is required under chapter 34, the subdivision plat and the site plan will be reviewed at the same time as nearly as possible under the requirements of these regulations.

(e) Coordination with soils tests. Following receipt of the preliminary plat, the applicant will request a general soil analysis to be performed by the county health officer. A report of this analysis will be submitted to the agent and the subdivider will be advised of the results. Depending on this analysis, the review procedure will proceed or be discontinued for further analysis. Prior to approval of the final plat for a subdivision planned for on-lot sanitary sewage disposal systems, a soils test will be performed on each lot, either by the county health officer or by a qualified soils scientist employed by the subdivider, and the design of the subdivision modified as may be required by the tests and as approved by the agent.

(f) Tentative approval or disapproval.

(1) When all submittal requirements have been met, the preliminary plat shall be reviewed by the agent, the planning commission, the town council and other agencies as may be required. For a minor subdivision or where no state agencies are involved the agent shall transmit his comments to the subdivider within 45 days and shall complete action thereon as submitted or as modified within 60 days of submittal. In the event that no action is taken within 45 days, such subdivision shall be deemed approved.

(2) Where state agencies are involved or public hearing is required by the town council, action on preliminary plats shall be completed within a total of 90 days from submission to the agent. If approved, the agent shall express approval as tentative approval, or if disapproved shall express such disapproval and the reasons therefor and shall state, in written comments, what corrections or modifications would permit approval of the preliminary plat.

(g) Notation of agent's action. The action of the agent shall be noted on two copies of the preliminary plat and referenced to any conditions determined, which conditions shall be noted on or attached to the plat. One copy shall be returned to the subdivider and the other retained by the agent.

(h) The meaning of tentative approval. Tentative approval of a preliminary plat shall not constitute approval of the final plat or any guarantee of such approval. It shall be deemed an expression of approval of the layout submitted on the preliminary plat as a guide to the preparation of the final plat. No property shall be transferred or offered for sale, nor shall a building permit be issued on the basis of an approved preliminary plat. The final plat will be submitted for approval of the agent for recording when the requirements of these regulations have been complied with. Approval of a preliminary plat shall be valid for six months. The agent may grant one extension for an additional period not to exceed one year upon written application therefor and good cause shown.

(i) The final plat; generally.

(1) The final plat shall conform to the preliminary plat as approved. The subdivider may record as a final plat only that portion of the approved preliminary plat which he proposes to develop immediately, in all cases subject to requirements of chapter 34.

(2) If the subdivider records a final plat which is a section of a subdivision as shown on an approved preliminary plat and furnishes to the town a certified check, cash escrow, bond, or letter of credit in an amount and form acceptable to the town for the estimated cost of construction of the facilities to be dedicated within said section for public use and maintained by the town, the commonwealth, or other public agency, the subdivider shall have the right to record the remaining sections shown on the preliminary plat for a period of five years from the recordation date of the first

Article XXVI. - Subdivision Regulations (continued)#

Sec. 26-192. - Procedure for approval of plats (continued)#

(j) The final plat—application; approval or disapproval#

Copies of the final plat and other exhibits required for approval showing all or any part of a subdivision planned for immediate development shall be prepared as specified herein and shall be submitted to the agent within six months after tentative approval of the preliminary plat, otherwise such tentative approval shall become null and void unless an extension of time is applied for and granted by the agent. The agent shall act on the final plat within 60 days after it has been officially submitted for approval by either approving or disapproving such plat in writing, and giving with the latter specific reasons therefor. Specific reasons for disapproval may be contained in a separate document or may be written on the plat itself, and shall relate in general terms such modifications or corrections as will permit approval of the plat. If the agent fails to approve or disapprove the plat within said 60 days, the subdivider may file an appeal within 30 days thereof in accordance with section 26-7. The town council shall hear the matter and make and enter such order with respect thereto as it deems proper, which may include directing approval of the plat. Appeals from a decision of the town council shall be in accordance with section 26-239.

(k) Recording final plat#

After the agent has approved the final plat, the subdivider shall file such plat for recordation in the clerk's office of the county circuit court within six months after approval thereof; otherwise such approval shall become null and void unless an extension of time not to exceed 60 days, is applied for and granted by the agent in writing.

(l) Residential cluster development and planned development#

Preliminary and final plats and site plans for residential cluster development and planned development shall be subject to the same procedures and requirements as other plats and plans and in addition the general development plan shall be subject to approval, by the town council after recommendation by the town planning commission and after a public hearing held by the town council and advertised in accordance with Code of Virginia, § 15.2-2204, as amended. In authorizing an approval the town council may impose such conditions regarding the location and character of features on the plan as it may deem necessary in the public interest and may require a guarantee or bond to ensure that conditions imposed are being and will continue to be complied with.

(Code 1973, § 18-7.1)

Sec. 26-193. - Improvements to be installed before approval of final plat#

Prior to the filing with the agent of a final plat for approval, all improvements required under these regulations shall be completed, or provisions made therefor, in accordance with the provisions of this article and the design standards and specifications for roads, streets, drainage, water and sewer construction and improvements in the town, in one of the following methods:

1. Installation and completion by and at the cost of the subdivider;

2. The furnishing by the subdivider to the agent of a certified check or a personal, corporate or property bond with cash escrow or other method of performance guarantee approved by the town attorney and sufficient to cover the cost of all improvements required to be installed by the subdivider as estimated by the agent to guarantee the installation and completion of such improvements; or

3. The furnishing by the subdivider to the agent of evidence of the existence of agreements between the subdivider and qualified contractors for the installation and completion of the improvements and the contractors' performance bond with surety for the benefit of the town and the subdivider, and satisfactory to the town attorney, in an amount to cover the cost of all the improvements required to be installed by the subdivider as estimated by the agent. In the event that the subdivider elects to proceed by the methods in subsection (2) or (3) of this section, the subdivider shall set a time, subject to the approval of the agent, by which it is estimated the improvements be installed and completed. Unless an extension of that time is approved by the agent and a new estimated date of completion established, the agent shall take necessary steps to proceed with the accomplishment and completion of the improvements, making use of the certified check or calling on the security of the bond.

(Code 1973, § 18-7.2)

Sec. 26-194. - Certification upon completion of improvements#

Upon the completion of the installation of all improvements, the subdivider shall furnish a statement, approved by the agent and prepared by a certified surveyor or engineer, to the effect that all construction is in substantial conformity to the regulations and requirements of this chapter, and the plans as approved by the agent. The bond, escrow or other guarantee of completion shall be released within 30 days of written notice by the subdivider or developer to the agent of satisfactory completion of construction, unless such subdivider or developer is notified in writing of a delay in such release and the reasons therefor; provided however that the agent may retain up to 25 percent of the bond or other obligation for use in repair of improvements as may be necessary within one year of completion. Any bond, escrow or guarantee posted in lieu of payment may be released partially as a portion or portions of such construction progresses and is approved as completed by the agent. In the event the subdivider has, in the opinion of the agent, just cause for not completing the improvements in the entire subdivision where either a certified check or surety bond or performance bond has been posted, the agent may release the subdivider from his obligation to complete all of the improvements in the subdivision provided the subdivider furnishes a statement by a certified surveyor or engineer to the effect that all construction which has been completed conforms to the regulations and requirements of this chapter and the plans as approved by the agent; and provided further, that the subdivider has furnished satisfactory evidence that the undeveloped portion of the subdivision has been vacated by proper authority.

(Code 1973, § 18-7.3)

Sec. 26-195. - Filing final plat for recordation#

When the provisions of the two preceding sections have been complied with, the subdivider shall file with the agent the final plat for all of the subdivision or for that portion being developed at the time, in accordance with the requirements of these regulations in order to secure the final approval of the plat by the agent.

(Code 1973, § 18-7.4)

Sec. 26-196. - Requirements for preliminary plats and supporting data#

(a) Required submissions#

When required by the agent, the subdivider shall submit prior to or at the time of submitting a preliminary plat, five prints or copies of the following:

(1) Vicinity map#

The vicinity or location map may be in the form of an inset map and shall be made at an appropriate scale (not less than two inches equals one mile) and shall show the relationship of the proposed subdivision to existing community facilities which serve or influence it, and shall include subdivision name and location, main roads and streets, schools, parks and playgrounds, scale, north arrow and date.

(2) Sketch plan (optional)#

The sketch plan or general development plan designated as such and drawn at an appropriate scale shall show the general topography of the subdivision and in simple form the proposed layout of streets, lots and other features in relation to existing topography.

(3) Preliminary plat#

An application in writing for the tentative approval of subdivision shall be submitted to the agent together with five prints or copies of the preliminary plat having a preferred horizontal scale of 100 feet to the inch, and not more than 200 feet to the inch, prepared by a registered professional engineer, professional landscape architect, registered land surveyor, planner, architect or other person having training or experience in subdivision planning or design and authorized to do business in the state, and clearly showing the following:

a. Name of the subdivision, owner, subdivider, name of the person or firm preparing the plat, date of the drawing, number of sheets, north point and scale.

b. The location of proposed subdivision by an insert map at a scale of not less than two inches equals one mile showing adjoining roads, their names, and numbers, towns, subdivisions, and other landmarks.

c. The boundary survey or existing survey of record provided such survey shows a closure with an accuracy of not less than one in 2,500; total acreage, acreage of subdivided areas, number and approximate area and frontage of all building sites, existing buildings within the boundaries of the tract, names of owners and their property lines within the boundaries of the tract and adjoining such boundaries. Included should be the layout, lot lines, lot numbers and block letters and approximate dimensions of proposed lots, and the proposed use of the property to be subdivided and the zoning of same and the land adjacent to the tract.

d. The location and names of adjoining subdivisions or names of the owners of adjoining parcels of land, establishing the boundary lines of the tract to be subdivided.

e. The location of existing physical features to assist in identifying and studying the plat, including existing buildings, wooded areas, watercourses, wetlands, unusual soil conditions, areas subject to flooding, or any other significant natural or man-made physical features affecting the proposed subdivision.

f. The location, width and names of all existing or platted streets or public ways within or adjacent to the subdivision for a distance of at least 300 feet and the location, width and names of all proposed streets, and location and width of proposed alleys within the proposed subdivision. Except for extension of existing streets, street names shall not duplicate nor closely resemble existing street names in the town. Cross-section drawings should be provided showing the proposed streets construction, depth and type of base, type of surface, etc.

g. The location of all utilities, width and purpose of other rights-of-way and easements, all public areas and parking areas and the location of all setback lines, whether or not controlled by zoning regulations.

h. The complete drainage layout, including all pipe sizes and types, permanent flood control structures, retention basins, lagoons and the like. This should include detailed plans of sediment and erosion control measures, best management practices (if applicable), drainage easements and means of transporting the runoff to a water control system consistent with the performance criteria of the Chesapeake Bay Preservation Act.

i. For property included in or adjacent to a designated Chesapeake Bay Preservation Area resource protection areas, the plat shall show the surveyed tidal high-water line, the edge of the wetland, swamp or marsh as best it can be defined and the required buffer zone areas. Vegetated buffer areas and significant trees shall be indicated on the plat.

j. The location of proposed buildings, accessways, parking areas and other site design features for multifamily, townhouse, condominium or waterfront developments. This shall include the delineation of the proposed construction footprint, and identification of significant trees to be preserved.

k. The boundaries of all property to be dedicated for public use, and of all property to be reserved by covenant in deeds for the common use of the occupants of lots in the subdivision, or otherwise reserved with a statement of the purpose for which such covenant or reservation is made or such use is restricted or limited.

l. General location of proposed docks, piers, water access and water-related structures, shoreline stabilization structures, water depths and shellfish beds, and all necessary permits related to approval of the proposed work and uses.

(b) Sketch plan for entire tract#

Whenever part of a tract is proposed for platting and it is intended to subdivide additional parts in the future, a sketch plan for the entire tract shall be submitted with the preliminary plat. This sketch is merely for informational purposes and is not binding on the subdivider or the agent.

(c) Protection of physical features#

In accordance with the requirements of article IV of this chapter and where it is economically or technically practical to do so, the subdivider shall protect and preserve physical features such as trees with a DBH of 12 inches or greater§, natural growth, watercourses, scenic points, historic places, topsoil and other similar community assets that will add attractiveness and value to the property if preserved. Such features to be protected and preserved shall be delineated on the preliminary plat and keyed to an appropriate brief statement of intent to be set forth thereon.

(d) Reservation of open spaces and private streets#

Where the subdivision design is such that certain open spaces or other features are to be reserved for the common use of occupants or where private streets are proposed, the agent shall require, subject to approval by the town attorney, that suitable measures be taken for permanent maintenance of such spaces, features, or streets, in accordance with the requirements of this chapter. Documentation of such measures shall be filed with the preliminary plat.

(e) Utility company review#

Where applicable, the agent may require that the preliminary plat be accompanied by a letter from pertinent utility companies that the plat has been reviewed by them and containing comments on nature and location of existing and proposed utilities.

(Code 1973, § 18-7.5)

Article VII. - Construction Plans and Final Plat Requirements#

Sec. 26-197. - Construction plans.#

Following review of the preliminary plat by the agent, the subdivider shall, if he has not previously done so, submit two blue or black line prints or copies of construction plans for improvements to be installed in accordance with the provisions of this chapter and prepared by a registered professional engineer or registered land surveyor in accordance with state law and authorized to do business in the state, as follows:

1. Profiles along the center and both sides of each street, with tentative construction grades indicated, shall be shown on a standard profile sheet at a vertical scale of one inch equals ten feet and a horizontal scale of one inch equals 100 feet unless otherwise permitted by the agent, and all elevations shall be based upon mean sea level.

2. The proposed water supply, if any, and plan of water distribution system showing existing and proposed water mains, pipe sizes, storage facilities, location of valves and fire hydrants, or other system of water supply.

3. The proposed method of sewage disposal and plans and profiles of proposed sanitary sewers, if any, including existing sewers within the proposed subdivision and immediately adjacent thereto on a standard profile sheet and plan sheet at a vertical scale of one inch equals ten feet and a horizontal scale of one inch equals 100 feet unless otherwise permitted by the agent, with grades and sizes indicated, or method of sanitary sewage disposal in lieu of sanitary sewers.

4. Plans for storm sewers or other methods of disposal of stormwaters shall be submitted in the same manner as outlined in subsection (3) of this section.

5. Plans for shoreline stabilization structures, docks, piers, boat ramps and other water-related structures.

6. Plan of the proposed street lighting system, if any, showing locations, type, wattage, height, etc.

7. Plan of the proposed tree planting, if any, showing location, kind, DBH, etc.

(Code 1973, § 18-7.6)

Sec. 26-198. - Requirements for the final plat.#

The subdivider shall submit to the agent five black line prints of the final subdivision plat prepared by a registered professional engineer or registered land surveyor authorized to do business in the state, and one blackline Mylar reproducible of the final plat, the original of which shall be clearly and legibly drawn on a sheet 18 by 24 inches, including a margin of one-half outside ruled border lines at top, bottom, and right sides, and 1 ½ inch for binding on the left 18-inch end. The plat shall have a scale of 100 feet to the inch and shall clearly show the following:

1. The title of the plat shall be included within a space four inches high and six inches wide in the lower right-hand corner of the plat. The data therein shall be confined to the following: name of the subdivision with designation of section if only a portion of the approved preliminary plat is being developed, the county and magisterial district applicable, date, scale and the registered surveyor or engineer who prepared the plat. The name of the subdivision shall be in bolder type than the rest of the title.

2. The name of the record owner of the land being subdivided and the name of the subdivider.

3. The boundaries of the subdivision showing the length of its courses and distances to hundredths of a foot and bearings to half minutes, having been determined by an accurate survey thereof in the field, which shall close with an error of closure not exceeding one foot in 10,000 feet. The names and locations of adjoining subdivisions or the names of the owners of adjoining parcels of land that may be unsubdivided.

4. The exact location, alignment, arrangement and width along property lines of all streets, whether opened or not, intersecting or paralleling the boundaries of the subdivision.

5. The exact location and material of all permanent reference monuments.

6. The exact location, alignment or arrangement of streets and alley lines in the subdivision, the names of all streets, the bearing, angles of intersection and width thereof, including their width along the line of any obliquely intersecting street.

7. The radius, delta and arc length of all curves.

8. The exact location, alignment or arrangement of all easements provided for use by the town and public service corporations, with a statement of any restrictions or limitations placed on such use.

9. The exact location, alignment or arrangement of all lot lines with their dimensions expressed in feet and hundredths of a foot and with their bearings or angles to half minutes.

10. All lots shall be numbered with consecutive Arabic numerals in each block, and all blocks shall be lettered in consecutive alphabetical order. In case of a resubdivision of lots in any block, the lots shall be numbered with consecutive Arabic numerals, beginning with the numeral following the highest lot numeral in the block.

11. The exact boundaries of all property to be dedicated for public use, and of all property to be reserved by covenant in deeds for the common use of all owners of lots in the subdivision or otherwise reserved, with a statement of the purpose to which such covenant or reservation is made or such use is restricted or limited.

12. The location of setback lines whether or not controlled by chapter 34.

13. The north point with magnetic bearing or if true meridian is shown the basis of its determination shall be stated.

14. A certificate of the engineer or surveyor who prepared the plat certifying that the plat represents and is based on a survey made by him or under his direction and supervision; that all monuments shown thereon are actually in place or will be put in place before a date specified by him; that their location and character are truly shown on the plat; and that all of the provisions and requirements of this article have been observed and fully complied with.

15. A statement to the effect that the subdivision as it appears on the plat, including the dedication of all streets, alleys, easements and other land for public purposes and use is with the free consent and in accordance with the desire of the subdivider and of the trustee or mortgagee, or each of them if more than one, in any deed or other instrumentality, if any, creating a lien on the land in the subdivision, or any part thereof, which shall be signed by the subdivider and trustee or mortgagee, and shall be duly acknowledged before some officer, authorized to take acknowledgments to deeds. All cloth prints and transparent copies shall contain such signatures.

16. A certificate signed by the surveyor or engineer who prepared the plat setting forth the source of title of the owner of the land subdivided and the court in which the last conveyance or source of title is recorded. When the land in the subdivision was acquired by the subdivider from more than one source of title, the land acquired from each source shall be indicated on the plat.

17. In a case where private streets have been approved every such plat, or deed of dedication to which such plat is attached, shall contain in addition to the engineer's or surveyor's certificate a statement to the effect that "the above and foregoing private road subdivision as appears in this plat is with the free consent and in accordance with the desires of the undersigned owners, proprietors, and trustees, if any, and the purchasers of tracts in this subdivision are hereby notified that the roadways reserved and shown on this plat are private in nature and will not be maintained as a public road by the state department of transportation or any other public road or highway agency." The plat shall be signed by the owners, proprietors, and trustees, if any, and shall be duly acknowledged before some officer authorized to take acknowledgments of deeds, and in addition the following shall apply:

    a. Restrictive covenant. The deed to each tract in a private road subdivision shall carry a restrictive covenant to the effect that the roads in the subdivision are private in nature, do not meet state standards and shall not be maintained by the state department of transportation or other public road agency and that the maintenance and improvement thereof shall be the mutual obligation of the landowners in the subdivision abutting said roads; that such private roads shall not be taken into the state secondary system unless and until the abutting landowners shall have constructed and dedicated the private roads in accordance with the latest state department of transportation road and bridge specifications, and thereafter the town council shall have recommended that said road be taken into the state secondary system of highways.

    b. Affidavit of buyer. No deed to a tract of land in a private road subdivision shall be recorded unless the same carries an affidavit duly signed and acknowledged by the grantee in said deed to the effect that he acknowledges that the roads in said subdivision are private roads and shall not be maintained or improved by the state department of transportation or other public road agency, and that it is the mutual duty and obligation of the abutting landowners to maintain and improve the roads in said subdivision.

(Code 1973, § 18-7.7)

Sec. 26-199. - Changes to preliminary, final plats.#

No change, erasure or revision shall be made on any preliminary or final plat, nor on accompanying data sheets after approval of the agent has been endorsed in writing on the plat or sheets, unless authorization for such changes has been granted in writing by the agent.

(Code 1973, § 18-7.8)

Sec. 26-200. - When final plat to be recorded.#

When a final subdivision plat has been approved, executed and acknowledged in accordance with the provisions of this article, it shall be recorded in the office of the clerk of the circuit court of the county within six months after final approval thereof. Three black line prints and two film positives shall be submitted to the agent. Unless such plat shall be filed for recordation as aforesaid within six months after final approval thereof, such approval shall be withdrawn and the plat marked void and returned to the agent.

(Code 1973, § 18-7.9)

Sec. 26-201. - Vacation of plats.#

Vacation of plats before or after sale of lots shall be accomplished in the manner provided by law. Any such vacation shall operate to destroy the force and effect of the recording of the plat or part thereof so vacated, to divest public interests and revest title in the owners in the manner provided by law.

(Code 1973, § 18-7.10)

Sec. 26-202. - Responsibilities of clerk of the circuit court.#

No final plat of a subdivision shall be recorded unless and until it shall have been submitted to and approved by the agent; and no clerk or deputy clerk of the circuit court of the county shall file or record a plat of subdivision until such plat has been approved by the agent and unless such plat is submitted within six months of the date of the final approval of the agent.

(Code 1973, § 18-7.11)

Sec. 26-203. - Modification for unusual situations.#

Where, in the case of a particular proposed subdivision, it can be shown that strict compliance with the requirements of this chapter would result in substantial injustice or hardship to the subdivider because of unusual topography or other situations or conditions which are not self-inflicted, or that these conditions would result in inhibiting the achievement of the objectives of these regulations, the town council may vary, modify, or waive the requirements so that substantial justice may be done and the public interest secured; provided, however, that such variance, modification, or waiver will not have the effect of nullifying the intent and purpose of this chapter or being contrary to the goals and objectives of the comprehensive plan for the town. In no case shall any variation, modification, or waiver be more than a minimum easing of the requirements, and in no instance shall it result in any conflict with the applicable zoning regulations.

(Code 1973, § 18-7.12)

Sec. 26-204. - Approval of modification and waivers.#

Variances, modifications, and waivers from the requirements of this chapter shall be granted only by the affirmative vote of a majority of the members of the town council. In granting variances, modifications, and waivers, the town council may require such conditions as will, in its judgment, substantially secure the objectives of the requirements so varied, modified, or waived.

(Code 1973, § 18-7.13)

Sec. 26-205. - Fees.#

There shall be a charge for the examination and approval or disapproval of every plat reviewed by the agent. At the time of filing the preliminary plat, the subdivider shall deposit with the agent checks payable to the town in the amount of such fees which shall be computed in accordance with the schedule of fees adopted by the town council.

(Code 1973, § 18-7.14)

Sec. 26-206. - Enforcement and penalties.#

(a) No building permit shall be issued or construction shall be authorized by the town on lands where a subdivision plat is required to be approved and recorded as provided herein and no certificate of occupancy shall be issued until the compliance with this chapter and other applicable provisions regarding the use of any structure or land where a subdivision plat is required to be approved and recorded as provided herein has been made by the agent.

(b) The violation of any provision of this chapter shall be punishable by a fine of $100.00 for each lot or parcel of land subdivided or transferred or sold for each violation hereof§, until work has commenced to correct the violation. Each day shall count as a separate violation, and the penalty shall be assigned accordingly. The town may, notwithstanding the imposition of any fine in accordance with this section, seek equitable relief to enjoin any violation of this chapter, in any court of competent jurisdiction.

(Code 1973, § 18-7.15)

Article VI. - Variances and Appeals#

Sec. 26-236. - Variances.#

(a) Where a subdivider can show that a provision of this chapter would cause substantial injustice or hardship if strictly adhered to, and where, because of unusual situations or topographical or other conditions peculiar to the site, the subdivider may apply for a variance to such provision. The planning commission shall hold a public hearing pursuant to Code of Virginia, § 15.2-2204 before submitting its report to the town council on any variance sought pursuant to this section. If, in the opinion of the planning commission, a departure may be made without destroying the intent of such provision, the planning commission may recommend authorization of such variance to the town council. The town council shall in turn hold a public hearing in accordance with Code of Virginia, § 15.2-2204 prior to taking any affirmative action on a variance sought pursuant to this section. The town council may authorize a variance only after receipt of a recommendation from the planning commission on the requested variance. Any variance thus authorized is required to be entered in writing in the minutes of the town council and the reason on which the departure was justified set forth.

(b) Where a single lot or parcel of land is to be subdivided into three or less parcels, any or all of the requirements of this chapter may, in the discretion of the agent, be waived.

(c) No such variance may be granted by this article which is opposed in writing by the state department of transportation resident engineer or the county health official.

(Code 1973, § 18-8.1)

Sec. 26-237. - Appeals from a decision of the agent.#

An appeal from a decision of the agent shall be in accordance with section 26-7.

(Code 1973, § 18-8.2)

Sec. 26-238. - Appeals from a decision of the planning commission.#

Where a subdivider feels that requirements or decisions made by the planning commission as provided for in this chapter would cause unnecessary hardship, the subdivider may appeal to the town council. Such appeal shall be perfected within 30 days after the planning commission has announced its decision, by filing a notice of appeal specifying the grounds thereof with the agent for transmittal to the town council. The town council shall give public notice of the time, date, and place for a hearing on the appeal, and shall also give notice to all parties in interest. The town council, upon the concurring vote of four councilmembers, may, in the exercise of its powers, affirm, reverse, or modify, in whole or in part, any order, requirement, or decision of the planning commission specified in the notice of appeal. Unless the town council has acted upon the appeal within 60 days after filing of the notice of appeal, the orders, requirements, or decisions of the planning commission shall be deemed affirmed.

(Code 1973, § 18-8.3)

Sec. 26-239. - Appeals from a decision of the town council.#

Any subdivider aggrieved by a decision of the town council may petition the county circuit court for a review of council's decision within 30 days after the announcement thereof by the town council, specifying therein the grounds upon which the subdivider seeks review.

(Code 1973, § 18-8.4)

Article VII. - Amendments#

Sec. 26-257. - Initiation of change.#

The town council may, from time to time, amend, supplement, or change, by ordinance, the regulations herein established. Any such amendment may be initiated by resolution of the town council, or by motion of the planning commission, or by petition of any property owner addressed to the town council. Petitions for change or amendment shall be on forms and filed in a manner prescribed by the agent.

(Code 1973, § 18-9.1)

Sec. 26-258. - Report from planning commission.#

Before taking any action on any proposed amendment, supplement, or change, the town council shall submit the same to the planning commission for its recommendations and report. Failure of the commission to report 60 days after the proposal has been referred to the planning commission shall be deemed approval.

(Code 1973, § 18-9.2)

Sec. 26-259. - Notice and hearing.#

(a) The planning commission shall hold a public hearing thereon, pursuant to Code of Virginia, § 15.2-2204, before submitting its report to the town council. The published notice shall contain reference to the place within the town where the plans, ordinances, or amendments may be examined.

(b) Before approving any proposed change or amendment, the town council shall hold a public hearing thereon, pursuant to Code of Virginia, § 15.2-2204, notice of said hearing to be accomplished by a publication in a newspaper as prescribed above. The planning commission and the town council may hold a joint public hearing after public notice as set forth hereinabove. If such joint hearing is held then public notice as set forth above need be given only by the town council. If an advertised hearing is canceled or deferred, notice shall be repeated for the new hearing. When an advertised hearing is continued to another date, it is not necessary to re-advertise the date for continuation provided the planning commission announces to the public at the hearing the need to recess and reconvene.

(Code 1973, § 18-9.3)

Sec. 26-260. - Filing of certified copies.#

A certified copy of this chapter and all amendments thereto, shall be filed in the office of the town administrator, and in the office of the clerk of the circuit court of the county.

(Code 1973, § 18-9.1)