Article VI Design Standards; Monuments; Improvements

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New Laws

Title	Adopted	Subject	Affects
Subdivision of Land Amendment - 2025-05-05 pdf	2025-05-05	Subdivision of Land Amendment	Ch 216

§ 216-27 Streets.

In any Class A subdivision, all lots or parcels shall be served by public streets designed, planned and constructed in accordance with the requirements of the Virginia Department of Transportation and either in or are to be accepted into the state system and maintained by the Virginia Department of Transportation upon completion. Property shall be determined to be served by a state-maintained road if the property meets the state-maintained road at a point where a driveway could be built. The preliminary plat, along with all other requirements, shall show the location of the driveway.

In Class B subdivisions, any road, street or right-of-way shall not be required to be constructed to meet state road requirements but shall meet the following requirements:

(1)

The minimum street right-of-way shall be 40 feet in width, and all lots shall be not less than 2.5 acres in size;

(2)

The roadway shall be constructed within the street right-of-way and shall be a minimum of 18 feet in width, exclusive of shoulders and side ditches. Shoulders shall be a minimum of two feet with ditches at least two feet in width and one foot in depth. Drainpipes shall be installed where appropriate to control water runoff;

(3)

Roadbed construction shall consist of six inches of stone or base material. If stone is used, the stone shall be a minimum of three-fourths-inch crusher run stone. The roadbed shall be free of all decaying organic material such as stumps, trees, or brush before road construction is to begin. Road grade shall not exceed 16% as calculated pursuant to VDOT standards and all roads constructed above 14% grade shall be paved over the required stone or base material with a minimum of three inches of asphalt, and shall not exceed 200 feet in length before leveling out.

(4)

The developer must disclose in its marketing material and by written notice to purchasers, which shall be acknowledged in writing at closing, and by reference in the deed of conveyance, the exact type of right-of-way, street or road, including the method of maintenance and whose responsibility it is to maintain the same or if left wholly to the purchaser to maintain;

(5)

A road profile shall be submitted at the time of submission of the preliminary plat in such form and nature to allow the Administrator to determine compliance with these provisions and the Administrator, or its agent, shall be notified when the street is under construction and shall have the right, but not the obligation, to inspect.

In Class C subdivisions, any road, street or right-of-way shall not be required to be constructed to meet state road requirements but shall meet the following requirements:

(1)

The minimum street right-of-way shall be 25 feet in width, and all lots shall be not less than 1.5 acres in size;

(2)

The roadway shall be constructed within the street right-of-way and shall be a minimum of 18 feet in width, exclusive of shoulders and side ditches. Drainage ditches and drainpipes shall be installed where needed and in compliance with erosion and sedimentation control and stormwater management regulations;

(3)

The roadway shall not serve more than five parcels of real estate and shall terminate at a cul-de-sac and shall not connect to adjoining properties or to other roadways either private or public. The cul-de-sac shall have a minimum right-of-way diameter of 50 feet.

(4)

(5)

(6)

On any plat in which the streets are not to be constructed to VDOT standards and taken into the VDOT system, such plat and all deeds conveying any parcel in such subdivision shall contain the following statement: "These streets are built to a standard less than that acceptable to the Department of Transportation to accept maintenance jurisdiction over the streets as part of the secondary system of state highways. All costs associated with the maintenance of the street(s) or its improvement to a standard acceptable to the Department of Transportation shall be the responsibility of the landowners (or others) and may not be sustained from public funds administered by the Department of Transportation or the County." These statements must be in type as large as or larger than the main body of the deed and must be included in each subsequent deed of conveyance.

In the layout of streets, the subdivider shall comply with the following:

(1)

Streets within and contiguous to the subdivision shall be coordinated with other existing or planned streets within the general area as to location, widths, grades and drainage; including planned streets in existing or future adjacent or contiguous to adjacent subdivisions.

(2)

The minimum street right-of-way width shall be 50 feet.

(3)

All external streets which serve the subdivision shall be maintained by the Virginia Department of Transportation within the state system.

§ 216-28 Size, shape, and orientation of lots.

The size, shape, and orientation of lots shall be appropriate for the location of the subdivision and the type of development and use contemplated.

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.

Side lot lines shall be substantially at right angles or radial to the street.

The subdividing of land shall be such as to provide each lot with access to a street.

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.

§ 216-29 Lot requirements.

Lot size. Lot sizes shall be of such size as herein required and as necessary to accommodate all buildings and structures, any well or on-site water system and any on-site sewage disposal system. Additionally, the Administrator may, in accordance with recommendations of the Health Officer, require that such minimum lot sizes be increased. These recommendations shall be submitted to the Administrator, in writing, either by notations on the plat or by letter. The Health Officer shall be guided by appropriate tests in determining the area required for the sanitary and safe disposal of septic tank effluent. Wells, septic systems, or other water and wastewater disposal systems are not required to be located on the same lot as the building to be served by such well and septic system; however, easements must be shown on the plat from the water or waste disposal system to the lot being served by such water or waste disposal system. Property is deemed to be served by public water or public sewer if public water or public sewer is available to the property. All owners of property deemed to be served by public water or public sewer shall comply with the connection requirements of the Carroll County Public Service Authority.

(1)

Public water and public sewer. Residential lots served by both public water and public sewer systems shall be an average of 80 feet or more in width at the setback line and 15,000 square feet or more in area.

(2)

Public water or public sewer. Residential lots served by only one of public water or public sewer systems shall be an average of 100 feet or more in width at the setback line and 17,500 square feet or more in area.

(3)

Neither public water nor public sewer. Residential lots served by neither public water nor public sewer systems shall be an average of 100 feet or more in width at the setback line and 0.75 acre or more in area.

(4)

If sewage disposal is to be provided by any means other than by public sanitary sewer, the plats submitted under this chapter shall designate a location for all buildings, residences and accessory structures, and shall designate the location of the water source and wastewater disposal facilities for each and every lot. No buildings or other structures may be constructed in or on the area in each such lot designated for wastewater disposal facilities, and each such area shall reserve a 50% reserve area for the construction of a replacement facility, should the first facility fail or prove inadequate.

(5)

A tolerance of 5% on a total number of lots may be permitted by the Administrator.

Clustering. The Administrator may approve a subdivision plan which reduces the minimum lot size as herein required in order to cluster residences or commercial structures (together "units") in an effort to preserve open space. Any application filed hereunder shall contain a plan of development (POD) of the entire parcel(s) submitted for approval. Any change to the POD shall not be permitted except upon specific approval by the Administrator. Such subdivision plan shall only be approved upon a specific finding by the Administrator that approval thereof will not injure public health, safety of public welfare, and only under the following express requirements, which cannot be waived or modified:

(1)

All lots and the buildings constructed or to be constructed in the POD will be served by public water and sewer, whether publicly or privately owned and such systems shall be constructed to the standards of the PSA, the State Health Department and the Virginia Department of Environmental Quality, as applicable;

(2)

All lots and the buildings thereon will be served by public roads or private roads, constructed to the standards of the Virginia Department of Transportation ("VDOT"); provided, however, that the Administrator may permit that the grade of any road within the POD adjusted outside of VDOT standards by no more than 4%;

(3)

Sidelines for units constructed in the POD may be waived and common walls permitted;

(4)

Setbacks may be reduced to 15 feet, and buildings may be staggered;

(5)

There shall be open space in the POD in a minimum acreage of 15% of the total acreage of the POD parcel(s) or two acres, whichever is greater. Nothing may be constructed on this open space except for common facilities to be used by owners of the units or the public such as swimming pools, tennis courts, walking paths, etc. The open space shall not be hereafter further subdivided or transferred;

(6)

Density of the units on that portion of the POD planned for construction of units shall not exceed five units per acre; and

(7)

All utilities not accepted for operation by the PSA, all roads not accepted for maintenance by VDOT, all facilities constructed for use by the owners of the units or the public and the open space shall be owned, maintained and operated by a homeowners' association established by the developer of the POD and controlled by the owners of the units in the POD under a written homeowners' agreement. The developer shall construct such amenities, including the roads and utilities and maintain them until 75% of the units in the POD have been sold at which time the developer shall establish the homeowners' association and then transfer the utilities, roads and open space to such association.

Recreational vehicle developments. The Administrator may approve a subdivision plan which reduces the minimum lot size as herein required in order to cluster individual lots for sale as part of a development designed for the temporary occupancy of recreational vehicles, provided that sufficient open space is preserved. "Recreational vehicle" shall mean any private self-propelled motor vehicle equipped with facilities for eating and sleeping, with a normal seating capacity of not more than 10 persons, including the driver, designed primarily for use as living quarters for human beings. Any application filed hereunder shall contain a plan of development (POD) of the entire parcel(s) submitted for approval. Any change to the POD shall not be permitted except upon specific approval by the Administrator. Such subdivision plan shall only be approved upon a specific finding by the Administrator that approval thereof will not injure public health, safety of public welfare, and only under the following express requirements, which cannot be waived or modified:

(1)

All lots, buildings and recreational vehicles to be located in the POD will be served by public water and sewer, whether publicly or privately owned and such systems shall be constructed to the standards of the PSA, the State Health Department and the Virginia Department of Environmental Quality, as applicable;

(2)

All lots and the buildings thereon will be served by roads, which need not be required to meet VDOT requirements, but shall meet the following requirements:

(a)

The minimum street right-of-way shall be 40 feet in width;

(b)

(c)

Roadbed construction shall consist of six inches of stone or base material. If stone is used, the stone shall be a minimum of three-fourths-inch crusher run stone. The roadbed shall be free of all decaying organic material such as stumps, trees, or brush before road construction is to begin. Road grade shall not exceed 16% as calculated pursuant to VDOT standards and all roads constructed above 14% shall be paved over the required stone or base material with a minimum of three inches of asphalt, and shall not exceed 200 feet in length before leveling out;

(d)

The developer must disclose, in its marketing material and by written notice to purchasers, which shall be acknowledged in writing at closing, and by reference in the deed of conveyance, the exact type of right-of-way, street or road, including the method of maintenance and whose responsibility it is to maintain the same or if left wholly to the purchasers to maintain. A road profile shall be submitted at the time of submission of the preliminary plat in such form and nature to allow the Administrator to determine compliance with these provisions, and the Administrator, or its agent, shall be notified when the street is under construction and shall have the right, but not the obligation, to inspect.

(e)

On any plat in which the streets are not to be constructed to VDOT standards and taken into the VDOT system such plat and all deeds conveying any parcel in such subdivision shall contain the following statement: "The streets in the subdivision do not meet state standards and will not be maintained by the Department of Transportation or any locality." These statements must be in type as large or larger than the main body of the deed and must be included in each subsequent deed of conveyance.

(f)

In the layout of streets, the subdivider shall comply with the following:

[1]

[2]

All external streets which serve the subdivision shall be maintained by the Virginia Department of Transportation within the state system.

(3)

The design of the POD shall provide for a minimum distance of 15 feet between the outer perimeter of each individual recreational vehicle lot and the recreational vehicle to be located thereon, and the POD shall specifically designate the location on each proposed lot where each recreational vehicle may be parked or located;

(4)

Each individual recreational vehicle lot shall have a minimum of 25 feet of frontage on an internal street;

(5)

There shall be open space in the POD in a minimum acreage of 25% of the total acreage of the POD parcel(s) or two acres, whichever is greater. Nothing may be constructed on this open space except for common facilities to be used by owners of the lots or the public such as swimming pools, tennis courts, walking paths, etc. The open space shall not be hereafter further subdivided or transferred;

(6)

Density of the lots on that portion of the POD planned for construction of structures or placement of recreational vehicles shall not exceed five lots or five recreational vehicles per acre; and

(7)

All utilities not accepted for operation by the PSA, all roads not accepted for maintenance by VDOT, all facilities constructed for use by the owners of the lots or the public and the open space shall be owned, maintained and operated by a property owners' association established by the developer of the POD and controlled by the owners of the individual lots in the POD under a written property owners' agreement. The developer shall construct such amenities, including the roads and utilities and maintain them until 75% of the units in the POD have been sold at which time the developer shall establish the property owners' association and then transfer the utilities, roads and open space to such association.

§ 216-30 Family subdivisions.

Family subdivisions, as defined in § 216-4, shall comply with the following requirements:

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.

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.

§ 216-31 Monuments.

Permanent reference monuments shall be installed by the subdivider and shall meet these minimum specifications. Upon completion of subdivision streets and other improvements, the subdivider shall make certain that all monuments required by the Administrator are clearly visible for inspection and use.

All corners shall be marked with iron not less than 1/2 inch in diameter and 24 inches long and driven so as to be flush with the finished grade.

§ 216-32 Compliance with other applicable provisions.

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:

The provisions of Title 15.2, Chapter 22, Article 6, of the Code of Virginia 1950, as amended.

The Carroll County Code.

Title 32.1 of the Code of Virginia and the rules of the State Health Department.

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.

§ 216-33 Preservation of natural and historical features.

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.

§ 216-34 Erosion and sediment control and stormwater management.

The General Assembly has determined that the lands and water comprising the watersheds of the state are great natural resources which are being adversely affected by rapid shift in land use from agricultural or nonagricultural uses. The General Assembly found it necessary to establish and implement the Virginia Erosion and Sediment Control and the Stormwater Management Laws to control erosion and sedimentation from land-disturbing activities. In addition to these requirements, the developer shall comply with the Erosion and Sedimentation Control Ordinance[1] of Carroll County and approved erosion and sediment drawings and shall comply with the Stormwater Management Ordinance of Carroll County or state law.

[1]

Editor's Note: See Ch. 120, Erosion and Sediment Control.

Erosion and sedimentation plan required. Where required by the Erosion and Sedimentation Control Ordinance, at the time of filing the final plat, an erosion and sedimentation control plan approved by the Carroll County Plan Approving Authority shall also be filed in accordance with the provisions of the Virginia Erosion and Sedimentation Control Handbook.

Stormwater management plan required. When required by the Stormwater Management Ordinance or applicable state law, at the time of filing the final plat, an approved stormwater management plan shall also be filed in accordance with the provisions of the Virginia Stormwater Management Regulations.

§ 216-35 Installation of improvements.

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.

§ 216-36 (Reserved)

§ 216-37 Required improvements.

Improvements shall be provided as follows:

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.

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.

Fire hydrants shall be installed where a public water system is provided.

§ 216-38 Performance guarantees.

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.

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.

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.

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.

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.

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.