The size, shape, and orientation of lots shall be appropriate
for the location of the subdivision and the type of development and
use contemplated.
A. Except as provided herein, residential lots for single-family detached
dwellings shall have a minimum width at the setback line of 80 feet.
All lots shall have an average depth of at least 100 feet. All buildings
built in any subdivision shall not be constructed closer than 35 feet
to the adjacent edge of any street, or 15 feet from the boundary of
the lot or parcel upon which the structure is to be built.
B. Side lot lines shall be substantially at right angles or radial to
the street.
C. The subdividing of land shall be such as to provide each lot with
access to a street.
D. For subdivisions containing all lots greater than five acres, the
subdivider will not be required to show on-site water and sewer and
will not be required to show the minimum building setback line on
each lot; however, there shall be shown on the plat notes setting
forth that these lots have not been evaluated for on-site water and
sewer and notes setting forth that the minimum building setback is
35 feet from the road right-of-way and 15 feet from side and back
lot lines. Plats for subdivisions containing all lots greater than
five acres may show lots at a minimum scale of 200 feet to the inch,
provided all other survey and mapping requirements are met.
Family subdivisions, as defined in §
216-4, shall comply with the following requirements:
A. A plat of such subdivision shall be made, approved and recorded as
herein provided except that the agent may approve such plat without
submitting the same to the Administrator. All streets to serve the
parcel herein shall be shown upon the plat and have no less than 20
feet right-of-way in width but need not be planned or constructed
in accordance with Virginia Department of Transportation standards
unless such street is to serve more than three parcels in which event
it shall be designed in accordance with Virginia Department of Transportation
standards except as to width. Any street within family subdivisions
that are not constructed to the standards of the Virginia Department
of Transportation are not eligible to be maintained by the Department
of Transportation.
B. Only one such division shall be allowed per family member as defined
herein. Any lot created or transferred to such family member must
not be for the purpose of circumventing this chapter and must be retained
by the family member for a minimum period of two years after conveyance
and not be sold or transferred to a non-family member within that
period without the express written permission of the Administrator
which permission shall only be given after following the same provisions,
and applying the same standards, as herein required for the granting
of a variance. All other requirements of this chapter shall apply
to the lot created.
In addition to design standards established herein, all subdivision
plats shall comply with all applicable laws, ordinances, rules and
regulations, including the following, as they may be applicable:
A. The provisions of Title 15.2, Chapter 22, Article 6, of the Code
of Virginia 1950, as amended.
C. Title 32.1 of the Code of Virginia and the rules of the State Health
Department.
D. The rules of the Virginia Department of Transportation relating to
the location and construction of roads and the safe access of lots
and roads to existing state-maintained roads and highways.
In all subdivisions, due regard shall be given to the preservation
of natural features, such as large trees, natural rock outcroppings,
and watercourses, and historical and other features, including cemeteries.
The subdivider or developer shall, at his expense, install street
and utility improvements and other improvements indicated on the plat.
The installation of adequate fire hydrants in a subdivision at locations
approved by the agent may be required, provided the necessary public
water is available. Where public water and/or sewer are available,
the service shall be extended to all lots within the subdivision at
subdivider or developer's expense. The cost of engineering design,
checking, drafting and field inspection is to be borne by the subdivider
or developer and performed under the control and subject to the approval
of the PSA.
Improvements shall be provided as follows:
A. A drainage system shall be provided to ensure adequate drainage of
surface water and stormwater. The system shall be constructed and
installed in accordance with plans and specifications approved by
the E&S Administrator.
B. Where a public sanitary sewage system is reasonably accessible, as
determined by the rules and regulations of the Carroll County Public
Service Authority, the subdivider shall connect therewith and shall
provide a connection for each lot. Construction of such sanitary sewer
system shall be in accordance with the rules and regulations of the
Carroll County Public Service Authority shall be constructed under
the control and supervision of the PSA. The PSA may accept ownership
and control of the system upon completion, without charge.
C. Fire hydrants shall be installed where a public water system is provided.
The purpose of this section is to insure the appropriate and
timely completion of improvements made in connection with a subdivision,
to provide resources to complete such improvements when the subdivider
fails to provide them, to insure that once accepted, the improvements
are not defective, and to provide for the maintenance of roads until
they are finally accepted into the state highway system.
A. Before any subdivision plat will be finally approved, the subdivider
shall construct all required public improvements in accordance with
the approved plans and all applicable state and local requirements.
B. In lieu of construction, a performance agreement or performance agreements
shall be executed between the County and all parties to the subdivision.
The agreement or agreements shall be on forms supplied by the agent
and shall provide that all improvements required and all improvements
shown on the final plat of subdivision shall be completed within 24
months from the date of approval. This provision includes the construction
of roads and, if required by this chapter, their acceptance into the
state highway system. All performance agreements shall require approval
as to form by the County Attorney.
(1) Any performance agreements shall contain release provisions governing
the complete and partial release of any escrow or letter of credit
or other performance guarantee. The release provisions shall provide
for the complete or partial release of the performance guarantee within
30 days after receipt of written notice by the subdivider of completion
of part or all of any facility required to be constructed, unless
the governing body notifies the subdivider in writing of any specified
defects or deficiencies in construction and suggests corrective measures
prior to the expiration of said thirty-day period; however, the governing
body shall not be required to release any performance guarantee in
an amount to exceed 90% of the actual cost of construction for which
the guarantee was taken until such facilities have been completed
and accepted by the governing body or state agency. No periodic release
shall occur prior to the completion and acceptance of at least 30%
of the facility in question, and no more than three such releases
shall be made in any twelve-month period.
(2) The performance agreement shall be accompanied by surety in an amount
sufficient to provide for the improvements identified in the performance
agreement. Surety shall consist of either a certified check or cash
escrow in the amount of the estimated costs of construction or a bank
or savings and loan association's letter of credit on certain
designated funds in the amount of the estimated cost of construction,
said letter of credit to be approved by the County Attorney.
C. Upon completion of the required improvements, they shall be inspected
and approved for acceptance. "Acceptance" shall mean the time when
the improvements required hereunder have been accepted by the Administrator
or other public agency which is responsible for maintaining and operating
such improvement or public facility upon acceptance.
D. In the event the governing body has accepted the dedication of any
street for public use and such street due to factors other than its
quality of construction, is not acceptable into the state highway
system, the subdivider shall furnish to the governing body a maintenance
and indemnifying agreement with surety in the form of a bank or savings
and loan association's letter of credit or a certified check
or cash escrow in an amount sufficient for and conditioned upon the
maintenance of each street until such time as it is accepted into
the state highway system.
E. Whenever the improvements required by an approved final subdivision
plat and identified in a performance agreement executed under this
section have not been completed within the time limits established
for such completion, the agent shall move to obtain the funds or property
provided as security under such agreement and shall cause such improvements
to be completed. If any funds remain after all improvements are completed
and accepted with all necessary fees paid, and no defects are found
therein which must be repaired, such funds shall be returned to the
subdivider. If the funds available from the surety are not sufficient
to complete the improvements, the agent shall proceed to secure such
funds from the subdivider. In unusual cases where the agent finds
that substantial progress has been made towards the completion of
the improvements prior to the expiration of the limit and where the
agent finds that factors (other than general economic conditions)
beyond the control of the subdivider have contributed substantially
to delay, and where the agent finds that the improvements could be
completed within an additional twelve-month period, the agent may
execute a new performance agreement requiring completion of all improvements
within a twelve-month period. Such agreement shall comply with all
provisions of this section and shall be accompanied by the required
surety. The amount of the surety shall be adjusted to take into account
the actual cost of the work remaining to be done and shall take into
account any inflation in such costs. Once the time limit for completion
of improvements has been extended through the execution of a new performance
agreement, they shall not thereafter again be extended.