A.
In addition
to the requirements established in these regulations, all subdivision
plats shall comply with the following laws, rules, and regulations:
(1)
All
applicable statutory provisions.
(3)
The
Comprehensive Plan, Official Map, and Capital Improvements Program
for the County, including all streets, drainage systems, and parks
shown on the Official Map or Comprehensive Plan as adopted.
(4)
The
special requirements of these regulations and any rules of the Virginia
Department of Health (VDH) and appropriate agencies.
(5)
The
rules of the Virginia Department of Transportation (VDOT) if the subdivision
or any lot contained therein abuts a public street.
(6)
The
standards and regulations adopted by the County and all boards, commissions,
agencies, and officials of the County.
B.
Plat
approval may be withheld if a subdivision is not in conformity with
the above laws, regulations, guidelines, and policies, as well as
the purpose of these regulations as established in § 19.5-2
of these regulations.
A.
Land
to be subdivided shall be of such character that it can be used safely
for and properly support its proposed uses without danger to health
or peril from fire, flood, or other menace.
B.
Land
that is unsuitable for subdivision or development due to flooding,
improper drainage, steep slopes, rock formations, adverse earth formations
or topography, utility easements, adverse soil characteristics, or
other features that will reasonably be harmful to the safety, health,
and general welfare of the present or future inhabitants of the subdivision
and/or its surrounding areas shall not be subdivided or developed
unless adequate methods are formulated by the developer and approved
by the Subdivision Agent to solve problems created by the unsuitable
land conditions. Such land shall be set aside for uses as shall not
involve any danger to public health, safety, and general welfare.
C.
The developer
for a major subdivision must, at the request of the Subdivision Agent,
submit sufficient information and data on the proposed development
to demonstrate the expected impact on and use of public facilities
and services by the proposed subdivision. Public facilities and services
shall include, but may not be limited to, sanitary sewer, water, schools,
and highways.
D.
Proposed
public improvements shall conform to and be properly related to the
Comprehensive Plan and all applicable capital improvement plans.
E.
Extensions
of public water and/or public sewer are required in all major subdivisions
if the proposed subdivision is within 500 feet of an existing public
line, unless the utility provider refuses service. Written proof of
such denial shall be provided to the Subdivision Agent.
F.
Provisions shall be made to manage stormwater within the development. Drainage improvements shall accommodate potential runoff from the entire upstream drainage area and shall be designed to prevent increases in downstream flooding in accordance with Chapter 19, Article III, Erosion and Sediment Control, of the Appomattox County Code. The County may require the use of control methods such as retention or detention and/or the construction of off-site drainage improvements to mitigate the impacts of the proposed development.
G.
Proposed
subdivision streets shall provide for a safe, convenient, and functional
system for vehicular, pedestrian, and bicycle circulation, shall be
properly related to the Comprehensive Plan, and shall be appropriate
for the particular traffic characteristics of each proposed development,
all in accordance with the standards of the Virginia Department of
Transportation (VDOT).
H.
Public
utility easements shall be provided throughout all major subdivisions.
Such easement shall be of a dimension suitable to provide for any
required present extension or future utilities and services.
Appomattox County does not approve or enforce self-imposed or
private restrictions or covenants.
All major subdivisions shall be named. The proposed name of
the subdivision shall not duplicate, or too closely approximate phonetically,
the name of any subdivision or street in the area covered by these
regulations. The subdivider shall name the subdivision subject to
the Subdivision Agent's approval.
Whenever access to a proposed subdivision is required across
land in another municipality, the developer shall demonstrate to the
County that access is legally established and is adequately improved
or that a guarantee has been duly executed and is sufficient to assure
construction of the access road. Any lot or portion thereof having
area in more than one jurisdiction shall conform to the requirements
of the jurisdiction in which the majority of road frontage lies. In
general, lot lines should be laid out so as not to cross boundary
lines.
A.
Upon
completion of subdivision streets, sewers, and other improvements,
the subdivider shall make certain that all monuments required by VDOT
are clearly visible for inspection and use. Such monument shall be
inspected and approved by VDOT before any improvements are accepted
by the Board of Supervisors. All monuments shall be checked for accuracy
and/or reset if found incorrectly set.
B.
All other
lot corners shall be marked with solid iron or pipe not less than
1/2 inch in diameter and 20 inches long and driven so as to be flush
with the finished grade. When rock is encountered, a hole shall be
drilled four inches deep, into which shall be cemented a steel rod
1/2 inch in diameter, the top of which shall be flush with the finished
grade.
The lot arrangement shall be such that there will be no foreseeable difficulties, for reasons of topography or other conditions, in securing building permits to build on all lots in compliance with Chapter 19, Article VI, Zoning, of the Appomattox County Code and Health Department regulations and in providing access to buildings on the lots from an approved street.
All lots shall conform to the minimum standards as contained in Chapter 19, Article VI, Zoning, of the Appomattox County Code. The lot area may be greater than the minimum specified in Chapter 19, Article VI, Zoning; however, the Subdivision Agent may require that these lots be arranged so as to allow for further subdivision and the opening of future streets where they would be needed to serve future lots, all in compliance with Chapter 19, Article VI, Zoning, and these regulations.
The arrangement, design, and shape of lots shall provide efficient and appropriate sites of buildings, recognize and complement the natural contour of the land, and conform to the requirements of this article. Lots shall not contain peculiar elongations solely to provide necessary square footage of area or street frontage which would be unusable for normal purposes. The depth of a residential lot shall not exceed five times its width. Depth and width ratios for properties to be used for commercial or industrial purposes shall be adequate to provide for the off-street parking and loading facilities required for the type of use and development contemplated and as established in Chapter 19, Article VI, Zoning, of the Appomattox County Code.
The lot line common to the street right-of-way shall be the
front line, and all lots shall face the front line and a similar line
across the street. Wherever feasible, lots shall be arranged so that
the rear line of one lot does not abut the side line of an adjacent
lot.
Every lot shall front on a public street, except as provided for in § 19.5-18C(4) (family division) and § 19.5-17D (agricultural subdivision). Each lot shall have the minimum frontage according to its respective zoning district as shown in Chapter 19, Article VI, Zoning, of the Appomattox County Code.
Corner lots shall have extra width for maintenance of any required setback line on both streets as set forth in Chapter 19, Article VI, Zoning, of the Appomattox County Code. All sides of a lot abutting a street shall be considered frontage and subject to the setback requirements of Chapter 19, Article VI, Zoning.
Side lot lines shall be approximately at right angles or approximately
radial, where possible, to the street line, except at the cul-de-sac
terminal points.
Residue tracts or outlots that do not conform to current standards
shall not be permitted. Residue tracts that are below the minimum
lot size must be added to adjacent lots or otherwise disposed of rather
than allowing them to remain as a nonconforming lot.
Double frontage lots shall be avoided except where essential
to provide separation of residential development from arterial highways
or to overcome specific disadvantages of topography and orientation.
Access to such lots shall be from a secondary road and not from the
arterial highway. A planting strip of at least 10 feet in width and
spanning the entire length of the lot shall be installed and across
which there shall be no right of access.
Nothing in this division shall prevent the installation of privately
owned water and/or sewerage facilities in areas where public water
and/or sewerage facilities are not available; provided, however, that
such installations must meet all the requirements of the State Water
Control Board, State Health Department, and any other state or local
regulation having authority over such installation. Greater lot areas
may require individual septic tank systems or individual wells if
the health official determines that there are factors of drainage,
soil condition or other conditions to cause potential health problems.
The Agent shall require that data from soil evaluation and/or percolation
tests be submitted as a basis for passing subdivisions dependent upon
septic tanks as a means of sewage disposal. Where public water and/or
public sewerage is available, the service shall be extended to all
lots within the subdivision and septic tanks will not be permitted.
A.
Soil
evaluations. The subdivider shall submit to the Agent with each final
plat the results of tests or other methods of soil evaluation used
to determine the suitability of the soil for septic systems with conventional
drain fields, if septic systems are proposed to be used in the development
of the subdivision and the results are requested by the Agent. These
results shall be forwarded by the Agent to the Health Department.
B.
Health
Department approval. If required as a condition of final plat approval,
a final plat shall not be approved if individual private wells are
proposed for the subdivision until written approval has been received
from the Health Department by the Subdivision Agent. A final plat
shall not be approved if septic systems are proposed for the subdivision
until written approval has been received from the Health Department
by the Subdivision Agent as follows:
(1)
The
Health Department shall determine the suitability of the soil of each
lot of the subdivision for which septic systems with a conventional
drain field will be constructed and shall submit his opinion to the
Agent.
(2)
The
Health Department may require as a condition of his approval of the
installation of septic systems, and whenever necessary for the satisfactory
installation of the septic systems, that individual lots be graded
and drained so as to assure the effective removal of surface water
from each lot.
Land to be subdivided shall be laid out and improved in reasonable conformity with existing topography, in order to minimize grading and cut and fill and to retain the natural contours and stormwater runoff and, where possible, to conserve the natural cover and soil. No topsoil and/or gravel shall be removed from any lot shown on a subdivision plat, except in accordance with the provisions of Chapter 19, Article III, Erosion and Sediment Control, of the Appomattox County Code.
A.
Topsoil
shall not be removed from residential lots or used as spoil but shall
be redistributed and shall be stabilized by seeding or planting.
B.
Lots
shall be laid out so as to provide positive drainage away from all
buildings, and individual lot drainage shall be coordinated in general
storm drainage pattern for the area. Drainage shall be designed so
as to avoid concentration of storm drainage water from each lot to
the adjoining lot.
No chemical or man-made product(s) or material(s) of any kind
shall be buried in any land or left or deposited on any lot or street,
other than the County landfill, at the time of issuance of a certificate
of occupancy, and removal of those items and materials shall be required
prior to issuance of any certificate of occupancy on a subdivision
lot.
Blocks shall not be greater than 1,200 feet nor less than 500
feet in length. However, the Board of Supervisors may waive this provision
when, in its judgment, extreme topographic conditions would cause
undue hardship if the developer complied with this provision.
Blocks shall be wide enough to provide two tiers of lots of
minimum depth, except where abutting upon major streets, limited access
highways, or railroads or topographical or other situations make this
requirement impractical, in which case the Subdivision Agent may approve
a single tier of lots of minimum depth.
Where a proposed subdivision adjoins a road classified as a
collector or arterial by VDOT, blocks shall be oriented to minimize
ingress and egress on such roads; provided, however, that adequate
emergency access shall be allowed.
In subdividing property, consideration shall be given to suitable
sites for parks, schools, roads, and other areas of public use as
contained in the Comprehensive Plan. Sites for parks, schools, or
other public facilities shall be indicated on the preliminary plan
to determine if, when, and in what manner such sites will be dedicated
to, reserved for, or acquired by the governing body for that use.
[Amended 8-17-2009]
Lots created to serve public utilities shall be exempt from
the minimum lot size, minimum setback, and the minimum street frontage
requirement. Such lots shall have a dedicated easement, if necessary,
no less than 20 feet in width.
