Subdivisions shall comply with the requirements of the Mathews
County Zoning Ordinance, Article XXII, Chesapeake Bay Preservation
Area Overlay District.[1]
A.
There is mutual responsibility between the subdivider and the agent
to divide the land so as to improve the general use pattern for the
land being subdivided. The agent and Board of Supervisors shall not
approve the subdivision of land if, from adequate investigations conducted
by all necessary public agencies concerned, it has been recommended
that such land is not suitable for the purpose intended. Furthermore,
a subdivision shall not be approved if it contains building lots which
are not suitable for development for one or more of the following
reasons as such subdivision may endanger the health, safety, property,
and welfare of the persons building and utilizing the lot or other
properties or adversely impact the water quality of the Chesapeake
Bay:
(1)
Land which is deemed to be topographically unsuitable because it
does not provide building sites of at least 10,000 contiguous square
feet with slopes less than 15%, to include construction of roads and
driveways;
(2)
Wetlands, areas with poor drainage or hydric soils, floodplain, and
other areas that are periodically inundated with water, and as established
by the ten-year floodplain. Filling in of such areas to create upland
conditions will not be permitted;
(3)
Areas with soils which, by Health Department standards or this chapter,
are unsuitable for sewage disposal systems and where another means
of sewage treatment is not provided;
(4)
Areas 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 may not be used for septic drain fields;
and
(5)
Other adverse physical conditions identified by other public agencies
involved.
B.
Subdivisions shall not be approved where lots are of insufficient
size or inappropriately shaped for intended structures and use or,
in the absence of a suitable area, as needed, for a well, septic drain
field and reserve drain field, if applicable.
C.
Wetlands as defined in the Virginia Wetlands Zoning Act,[1] or any land subject to periodic flooding, including land
subject to flooding that is identified by County, state or federal
agency flood hazard maps or studies, shall not be subdivided in such
a way as might increase danger to health, life or property of citizens
of the County or aggravate erosion or the flood hazard. To insure
sufficient buildable land which is reasonably flood free, the agent
and Board of Supervisors shall require the subdivider to provide a
certificate of elevation or elevation and flood profiles from a professional
engineer or land surveyor.
[1]
Editor's Note: See § 28.2-1300 et seq. of the
Code of Virginia.
D.
Any land herein described as unsuitable for building sites shall
be clearly indicated on the preliminary and final plats. All plats
shall clearly show the shoreline at normal high water levels for tidal
areas, rivers, streams and other water bodies or wetlands.
E.
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 unless such lots are designed for open space not
requiring such access.
A.
All required improvements shall be installed by the subdivider at
his cost. All improvements shall be in accordance with the requirements
of this chapter.
B.
Furthermore, all required improvements shall, in lieu of construction,
be bonded in accordance with the requirements set forth below:
(1)
The subdivider shall furnish the agent a bond sufficient to cover
the costs of all improvements required to be installed by the subdivider
as estimated by the agent based on a certified engineer's estimate
or two guaranteed bids submitted by the subdivider, to guarantee the
installation and completion of said improvements. The amount of such
bond shall not exceed the total of the estimated costs of construction
of the required improvements based on unit prices for new public or
private sector construction in the locality. A time schedule, not
to exceed 12 calendar months, for completion of all required improvements
shall also be provided to the agent. Both the bond and the schedule
shall be provided to the agent in an acceptable form prior to final
plat approval. The subdivider's bond shall be held by the County
treasurer and not released until such time as:
(a)
All of the improvements have been completed and inspected by
the appropriate engineers, in which case the bond, together with any
interest thereon, shall be released to the subdivider, or;
(b)
The time schedule for such improvements has lapsed and the improvements
are not completed, in which case the bond shall become forfeit, together
with any accrued interest thereon, and the County will complete the
required improvements.
(2)
The agent shall, upon receipt of a written request from the subdivider,
extend the time for completion of improvements for an additional six
months beyond the original schedule. The agent shall require additional
funds to be posted by the subdivider into the bond account based on
revised bids. Additional funds shall not be levied as a punishment.
The bonds shall be held in interest-bearing accounts in federally
insured financial institutions.
(3)
Upon written request by the developer, the agent shall make periodic
partial releases of such bond as required above. Such periodic releases
shall not be granted until at least 30% of the improvements covered
by the bond have been completed nor shall periodic releases be granted
after completion of more than 80% of the improvements. The agent shall
not be required to execute more than three such partial releases in
any twelve-month period. Upon final completion and acceptance of all
improvements, the agent shall release any remaining bond amounts to
the developer. For purpose of final release, the term "acceptance"
is deemed to mean: when said improvement is accepted and taken over
for operation and maintenance by the state or local agency or other
public authority, to include homeowners' association, which is
responsible for maintaining and operating such improvements.
Lots shall comply with the area, size, width, frontage, setback
and other bulk requirements of the Mathews County Zoning Ordinance.[1]
A.
The agent shall not approve any subdivision where sanitary sewers
are not provided unless the agent receives in writing from the Health
Official on the proposed plat that each lot has a site suitable for
a Health-Department-approved sewage disposal system and a one-hundred-percent
reserve site; if applicable. The subdivider may be required by the
Health Official to provide the Virginia Department of Health with
information on soil studies, percolation tests, topographic studies
and other engineering data as evidence that the land is suitable for
sewage disposal. Drain field and reserve drain field must be shown
on all plats. Health Department conditional use permits for septic
system use during only certain months is not acceptable.
B.
All remote sites shall be deeded with the lots served, or granted
easements in perpetuity for the installation, maintenance, and repair
of sewage disposal systems. Each remote site shall be located on the
subdivision plat and permanently field marked for ease of identification.
When multiple remote sites are located upon common ground, the area
for each sewage disposal system shall be at least 10 feet from all
other sewage disposal systems and a twenty-five-foot construction
easement shall border the outer perimeter of the remote sites.
C.
In each subdivision utilizing remote sewage disposal sites, the agent
shall require easements of not less than 15 feet in width for all
sewage conveyance lines extending from the lots served to the remote
sites; and such easements shall be shown on the plat. When multiple
conveyance lines are proposed to be installed in a single easement,
such conveyance lines shall be installed at one time, shall be identified
with magnetic tape, and shall be permanently engraved, stamped, or
marked; and color coded at five-foot intervals for ease of identification.
Each subdivision utilizing remote sewage disposal sites shall include
a note on the plat that "all remote sites shall be properly maintained
to protect the approved sewage disposal systems." Required maintenance
shall include mowing, removal of vegetation, which could cause damage
to the system, surface crowning and/or grading to promote drainage,
and measures to protect against vehicular traffic.
D.
No more than 10% of the lots within any subdivision shall be permitted
to utilize off-site systems; provided, however, that a subdivision
of less than 10 lots shall be permitted to have one remote drainfield,
per subdivision.
E.
When a subdivision of less than 10 lots has been permitted to have
one remote drainfield, additional subdivision of the parent parcel
or of parcels subdivided from a parent parcel shall be limited to
one remote drainfield for each increment of 10 lots.
A.
If public water is not available, each lot in a subdivision shall
be served by an individual well or a privately owned water distribution
system.
B.
Nothing in this regulation shall prevent the installation of privately
owned water distribution systems or sewage collection and treatment
facilities, provided that such installations meet all the requirements
of the State Water Control Board, the State Health Department, and
any other state or local regulation having authority over such installations.
Provision shall be made for continuity and responsibility of operation.
The Board shall specify that utility engineering be beneficial to
Mathews County.
C.
Private utility systems and areas common to those systems shall be
owned, operated, and maintained by the subdivider until such time
as the deed to such systems and areas is transferred to and accepted
by a political subdivision of the state or a private owner approved
by the governing body.
Greater lot areas may be required where individual sewage disposal
systems or individual wells are used if the Health Official determines
that there are factors of drainage, soil condition, or other conditions
that could cause potential health problems.
The agent shall require that easements for drainage through
adjoining property be provided by the subdivider. If such easements
cannot be obtained, then appropriate stormwater management practices
must be incorporated within the subdivision to prevent a net increase
in runoff. Easements of not less than 15 feet in width shall be provided
for water, sewer, power lines and other utilities in the subdivision
when required by the agent and Board of Supervisors.
The subdivider shall address fire protection for subdivisions
which consist of more than five lots. A minimum of one dry fire hydrant
shall be provided in the plan if the subdivision is located adjacent
to available water sources. The dry fire hydrants shall be installed
by the subdivider for use of the general public, Mathews County, and/or
the Mathews County Volunteer Fire Department. The agent shall consult
with one or all of the Mathews County Volunteer Fire Departments in
order to assist in the location and necessary access to the proposed
hydrants.
For subdivisions resulting in more than five lots, blue or black
line prints of the plans and specifications for all required physical
improvements to be installed, shall be prepared by an engineer or
surveyor duly licensed by the State of Virginia, and shall be submitted
to the agent for approval or disapproval within 30 days. If approved,
one copy bearing certification of such approval shall be returned
to the subdivider. If disapproved, all papers shall be returned to
the subdivider with the reason for disapproval in writing.
Whenever part of a tract is proposed for platting and it is
intended to subdivide additional parts in the future, a sketch plat
for the entire tract may be required by the agent. This sketch is
for informational purposes and is not binding on the subdivider or
the agent and Board of Supervisors.
The lot arrangement, design, and shape shall be such that lots
will provide satisfactory and desirable sites for buildings and be
properly related to topography and conform to requirements of this
chapter. Lots shall not contain peculiarly shaped elongations to provide
the necessary square footage of area, access to the drainfield, or
ingress/egress to and from the lot, which would be unusable for normal
purposes. The following standards have been created to assist the
County in insuring that each proposed lot has sufficient buildable
area, satisfactory shape, reasonable location, acceptable width, and
adequate access:
A.
Shape: The lot arrangement, design, and shape shall be such that
the lots will provide satisfactory and desirable sites for buildings,
and be properly related to topography, and conform to requirements
of this chapter. Lots shall not contain peculiarly shaped elongations
or pipe stems to provide the necessary square footage of area, access
to a drainfield, or ingress/egress to and from the lot. The agent,
in an effort to insure against unnecessary and undesirable run-off
from impervious road surfaces, may allow and encourage irregularly
shaped lots as a tool of conservation and environmental protection.
Excessive lot depth in relation to width shall be avoided. Except
for unusual topographic conditions, a ratio of two to one for depth
to width shall be considered a desirable maximum.
B.
Location: Each lot shall abut on a street dedicated by the subdivision
plat, or on an existing public street. If the existing public streets
are not 50 feet in width, the subdivider shall dedicate such additional
widths from the center line to provide 1/2 of the future right-of-way
as determined by the highway engineer, generally 25 feet from the
present road center line.
D.
Side lines: Generally, side lot lines shall be approximately at right
angles, or radial to the street line, except where a variation to
the requirement will provide an improved street and lot layout, or
serve to enhance natural site conditions.
E.
Remnants: 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 designated
as community open space.
F.
Length of blocks: Generally, the maximum length of blocks shall be
1,200 feet and the minimum length of blocks upon which lots have frontage
shall be 500 feet.
G.
Block width: Blocks shall be wide enough to allow two tiers of lots
of minimum depth, except where fronting on major streets, unless prevented
by topographical conditions or size of the property, in which case
the agent may approve a single tier of lots of minimum depth.
Where the land covered by a subdivision includes two or more
parcels in separate ownership and lot arrangement is such that a property
ownership line divides one or more lots, the land in such lot so divided
shall be transferred by deed to single ownership, simultaneously with
the recording of the final plat. Said deed is to be deposited with
the agent and held with the final plat until the subdivider is ready
to record same, and they both shall be recorded together.
Lots or blocks intended for business or industrial use shall
be designed specifically for such purposes with adequate space set
aside for off-street parking and delivery facilities.
A.
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
conditions, or unless the agent finds such extension to be unnecessary
for the coordination of development between subdivisions and such
adjacent tracts.
B.
When the agent deems it appropriate or necessary to provide access
to adjacent tracts not presently subdivided, proposed streets in the
subdivision shall extend 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 legal mechanisms.
C.
Half streets along the boundary of land proposed for subdivision
are not permitted. Wherever possible, streets shall intersect at right
angles. In all hillside areas streets running with contours shall
be required not to intersect at angles of less than 70°, unless
approved by the highway engineer.
D.
Where topographic considerations require the use of a narrow accessway
from the street to lots, such accessway shall be a common use driveway
to a maximum of four lots with a minimum street frontage of 25 feet.
Provisions for a single common use driveway shall be encouraged, particularly
at access points to public or private streets or roads. The length
of proposed accessway shall be related to lot size, but, generally,
shall be limited to no more than 1,200 feet. Minimum width of accessways
shall not vary from the minimum street frontage of 25 feet (20 feet
for family divisions) and shall be located and aligned for reasonable
access by motor vehicles, including emergency vehicles. Where the
lot served is sufficiently larger to permit further subdivision, the
minimum accessway width shall be 50 feet so that a street may be constructed
when further subdivision takes place.
E.
The use of a narrow accessway from a state maintained road may be
established to serve a maximum of two lots. There shall be no more
than one such accessway in each subdivision and shall not be implemented
in order to circumvent the purpose, intent, or provisions of this
chapter. The minimum width of the proposed accessway shall be at least
25 feet and shall be located and aligned for reasonable access for
motor vehicles, including emergency vehicles. Where the lot served
is sufficiently larger to permit further subdivision, the minimum
accessway width shall be 40 feet so that a street may be constructed
if further subdivision occurs.
Each dead-end street must be terminated by a turnaround which
is at least 100 feet or greater in diameter.
A.
For streets: All streets and rights-of-way shall conform to the requirement
of the Virginia Department of Transportation, Road and Bridge Specifications,
as required for acceptance by VDOT.
B.
For alleys: A minimum of 20 feet.
C.
For connecting streets: 40 feet in width.
D.
Existing road rights-of-way with vested rights shall not be subject
to this chapter unless such rights-of-way shall be used as part of
or access to the proposed subdivision or any part thereof.
All streets shall be constructed to fully comply with the current
road designs and standards, and road and bridge specifications as
established by the State Transportation Commissioner, these standards
and specifications being on file in the Highway Residency Office at
Saluda, the Highway District Office at Fredericksburg and in the Central
Highway Office in Richmond. Approval of street or road construction
shall be obtained from state highway engineer prior to final action
by the agent and Board of Supervisors.
A.
Maintenance of the subdivision roads prior to state taking over shall
be the responsibility of the subdivider, including, but not limited
to, maintaining roadbeds, cutting grass on rights-of-way, and snow
removal. Maintenance shall be accomplished in a manner which assures
the safety of the driving public. Vegetation shall be mowed regularly
to assure proper sight distance. Snow removal shall be accomplished
in a timely manner, while also providing access to all lots in the
subdivision.
B.
The eligibility of subdivision roads to be taken into the state secondary
system of highways will be based on a minimum of three permanent residences
per mile, or per section thereof, and on the requirement that said
roads will pass the Virginia Department of Highways and the County
standards for subdivision roads. However, this will not be the final
criteria. The final authority to request the Virginia Department of
Highways to take subdivision roads in to the state secondary system
of highways shall be within the sound discretion of the governing
body.
The grades of streets shall be in accordance with the specifications
established by the highway engineer, and such grades, when submitted
on construction plans and profiles, shall be approved by the highway
engineer prior to final action of the agent.
Ditches, swales and culverts are to be of sufficient depth,
grade and size to provide free and unencumbered drainage of the entire
land area of the streets and lots within the subdivision, together
with outlet ditches and drainage easements, where necessary, over
and across adjacent property to natural drainage features. Drainage
features shall be designed to maintain or reduce pre-development runoff
rates from the proposed subdivision site.
All disturbed areas must be graded to drain and then seeded.
(See Mathews County Erosion and Sediment Control Ordinance.[1])
The agent may require provision for storm sewers, curbs, gutters,
and sidewalks where these are deemed to be necessary.
Private road exceptions (waivers) are made as provided in § 140-91 for subdivisions resulting in five lots or less. When such exceptions (waivers) are made the following provisions must be met:
A.
A direct connection is provided to a state-maintained public street
and no more than one such connection.
B.
Unless substantial overriding conditions exist, such roads will meet
state specifications with regard to plans, profiles, turnaround, drainage,
alignment and easements. In this latter case, the subdivision plat
and all approved deeds of subdivision, or similar instruments, must
contain statements advising:
(1)
That the street does not meet state specifications and will not be
maintained by VDOT or the County.
(2)
That lot owners are responsible for a proportionate share of maintenance
and repair costs of the street.
(3)
That no public agency will be responsible for any costs involved
in having the street brought up to standards for acceptance into the
state secondary system of highways. Subsequent grantors of any subdivision
lots to which the above statements apply must also include such statements
on each deed of conveyance thereof.
C.
The subdivision complies with the design and improvement requirements
of this chapter except for streets.
D.
The subdivision and all lots are appropriately restricted so as to
preclude any resubdivision or addition so as to alter the original
number of lots unless said road is brought up to state standards.
E.
Easements for ingress and egress for public emergency and maintenance
vehicles shall be granted to the County for all such number of lots.
F.
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 County or any agency of the state or federal government.
G.
No exception or exemption will be granted for private roads where
there is opposition, in writing, from VDOT, the Health Department
or the Erosion and Sediment Control Officer.
H.
The final plat shall contain a statement indicating those specifications
with which the road(s) will not be in compliance with VDOT specifications.
I.
The final plat, including any and all reproductions and/or any subsequent
redrafting thereof, shall include, in block lettering of not less
than one inch in height, "PRIVATE ROAD," and beneath which, in normal
twelve-point type, "Maintenance of this road is the responsibility
of the lot owner. Refer to covenants cited in the deed."
J.
Covenants shall be recorded in the clerk's office of Circuit
Court of the County, the same being made a part of each deed and running
with the land setting forth the following:
(1)
The responsibility of the adjoining land owners within the subdivision
as to right-of-way and maintenance thereof;
(2)
Specific language as to collection of funds for the maintenance of
said road;
(3)
Language precluding any subsequent request for the road to be taken
into the state highway system unless it is brought up to VDOT standards
by the homeowners;
(4)
Specific language prohibiting further subdivision of any lot of land
served by said road.
K.
Minimum access requirements for driveways:
(1)
A driveway serving single-family dwellings and/or a duplex on no
more than two parcels shall have a minimum travel surface of 12 feet
within a twenty-five-foot-wide right-of-way easement.
(2)
A driveway ending large enough to accommodate emergency response
vehicles shall be required for driveways in excess of 150 feet in
length.
L.
Minimum access requirements for private roads.
(1)
A private road shall have a minimum travel surface width of 18 feet
within a forty-foot-wide right-of-way easement.
(2)
A professional engineer or land surveyor licensed by the Commonwealth
of Virginia shall certify that the road has been constructed according
to the requirements of this chapter. Such road shall accommodate resulting
stormwater run-off in accordance with the Zoning and Erosion and Sediment
Control Ordinances of Mathews County[1] and the Virginia Erosion and Sediment Control Handbook.
(3)
All dead-end private roads shall terminate with a minimum forty-five-foot
radius bulb cul-de-sac or alternative turnaround in conformance with
Virginia Department of Transportation standards.
(4)
Grade, horizontal and vertical alignment, drainage and slope shall
meet the standards of the Virginia Department of Transportation for
any new private access easements.
(5)
General requirements for private roads.
|
Right-Of-Way Width
(feet)
|
Minimum Width Of Travel Surface
(feet)
|
Minimum Typical Road Section
|
Minimum Shoulder Width
(feet)
|
Maximum Grade
|
Vertical Vegetation Clearance
(feet)
|
Horizontal Vegetation Clearance
(feet)
|
|---|---|---|---|---|---|---|
|
40
|
18
|
*Minimum CBR 10 Base; 2 inches 21A stone Compacted,
2 inches #68 stone surface or other comparable material
|
4
|
10%
|
Not less than 14
|
Not less than 14 from the centerline of roadway
|
|
NOTES:
| |
|---|---|
|
*
|
A certified soil engineer must certify that the road
base meets the minimum CBR 10 requirement on the submitted site plan
for the private road.
|
The subdivider must upgrade off-site roads from the subdivision
to a state road to VDOT specifications. In the case a private road
is approved for the subdivision, an equivalent road is required from
the subdivision to the state road.
Reinforced concrete monuments four inches in diameter or square
three feet long with a flat top shall be set at all street corners,
at all points where the street line intersects the exterior boundaries
of the subdivision, and at right angle points and points of curve
in each street. The top of the monument shall have an identifiable
point to identify properly the location and shall be set flush with
the finished grade. All lot corners other than those mentioned above
shall be marked by an iron stake a minimum of 1/2 inch in diameter
and three feet long.
Upon completion of subdivision streets, sewers, and other improvements,
the subdivider shall make certain that all monuments required by the
Highway Engineer are clearly visible for inspection and use. Such
monuments shall be inspected and approved by the Engineer before any
improvements are accepted by the agent.
Proposed streets which are obviously in alignment with others
already existing and named shall bear the names of existing streets.
In no case shall the name for proposed streets duplicate existing
street names, irrespective of the use of the suffix street, avenue,
boulevard, driveway, place or court.
Street name signs shall appear at all intersections. Signs shall
be designed and erected in accord with Virginia Department of Transportation
state sign policy and standards. The Board shall approve street names
and, where not governed by Virginia Department of Transportation street
sign policy and standards, the design and location of signs.
When deemed necessary by VDOT, the subdivider shall provide
to the agent, in conjunction with VDOT, a study of the impact of traffic
resulting from the subdivision to the closest state highway. If, upon
the advice of VDOT, such additional traffic would, in their opinion,
exceed the standard for public safety and corrective action would
not be feasible then, in such event, the agent may:
In the event that the subdivider proposes condominium, townhouse
or cluster house type developments, or any major subdivision of more
than five lots, there shall be submitted jointly to the Planning Commission
and the agent and Board of Supervisors additional information concerning
the proposed development. In such cases, the Planning Commission shall
make a recommendation concerning adequacy of the provided information.
Additional information to be provided with the preliminary plat shall
include the following:
A.
Sewerage disposal plan.
B.
Solid waste disposal plan.
C.
Water distribution plan.
D.
Fire protection plan.
E.
Plan of control and maintenance of common spaces or areas.
F.
Copy of master deed, if applicable, or prototype individual deed.
G.
Water quality impact assessment, if deemed necessary.
H.
Environmental site assessment, if deemed necessary.
I.
Plan for ingress/egress onto existing public roads.
Where new electrical and telephone lines are required for internal
service to a subdivision, such lines shall be placed underground.
In areas of significant erosive activity along banks or shorelines,
the agent shall require the subdivider to not only file a plan for
erosion and sedimentation control, but also to execute a plan of stabilization
as a part of those site improvements covered by bond. The agent reserves
the right to utilize this additional requirement in cases where it
is clear that some remedial measures are required, and the likelihood
of successfully treating the problem is significantly decreased when
left to subsequent individual efforts, executed at indefinite times
in the future. It is the intent of this section to assure sound waterfront
management and conservation practices in situations and areas where
a consolidated effort, executed as a whole and in its entirety, is
more likely to arrest significant erosion.
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 by the
demand created through development of the subdivision.
A.
All subdivisions containing more than five lots, averaging five acres
or less in area, shall provide common open space, natural areas and
recreation areas equal to at least 10% of the total area of the subdivision.
This space is to be used for residents of the subdivision and shall
include such things as parks, playgrounds, general recreation areas
and natural areas for habitat protection. Land providing community
or public waterfront access shall be considered as contributing to
this requirement. Such open space shall not be in tracts of less than
one acre and shall be suitable for its designated use as to location
and topography, and shall be maintained, as appropriate, by the subdivider,
homeowners' association or other approved agency.
B.
All new residential subdivisions on the shoreline which include nonwaterfront
lots shall insure community access to public waters by means of, at
a minimum, a twenty-five-foot or greater pedestrian right-of-way to
a community open space along the water. The provided community open
space along the water shall be at least 100 feet in width and 50 feet
in depth.
C.
Recreational and open space areas, whether publicly or privately
owned, which are provided in conformance with approval of any form
of cluster, multifamily, townhouse, or planned unit development, and
which equal or exceed the requirements for dedication as set forth
herein, may completely and fully satisfy the above requirements provided
the subdivider shall satisfy the agent and Board of Supervisors that
there are adequate provisions to assure retention and future maintenance
of said areas.
D.
Any lands dedicated for open space purposes shall contain appropriate
covenants and deed restrictions to insure that:
(1)
The open space will not be further subdivided;
(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 commercial
enterprise admitting the public at a fee.
E.
If the open space is owned and maintained by a homeowners' association,
the developer shall file a declaration of covenants and restrictions
that will govern the association, to be submitted with the application
for preliminary approval. The provisions shall include, but are not
limited to the following:
(1)
The homeowners' association must be established before the homes
or lots are sold;
(2)
Membership must be mandatory for each home/lot buyer 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 a recreation and other such 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 changing
needs and demands.
