The design of and physical improvements to a
property being subdivided shall be constructed and installed in accordance
with the requirements of this Article and as depicted on the approved
subdivision design plan. All subdivisions shall conform to the requirements
of the Frederick County Code, policies set forth in the County's Comprehensive
Plan and the master development plan approved for the land being subdivided.
It is the intention of Frederick County, through
its Comprehensive Plan and the following standards, to ensure that
an adequate network of streets is created which provides multiple
access points to subdivisions. All proposed subdivision streets shall
be public streets dedicated to Frederick County for eventual acceptance
into the state secondary road system and shall meet the following
design standards, as well as the subdivision street requirements of
the Virginia Department of Transportation. Where conflicts occur,
the more restrictive requirement shall apply.
A. Streets prior to state acceptance.
(1) No residence shall be occupied within an approved
subdivision to contain state-maintained streets until the portion
of the street serving that residence is provided with a compacted
CBR base and a prime-and-single-seal surface. If, because of weather
conditions, the developer cannot prime and single seal the street
surface, occupancy permits may be issued if an appropriate letter
of credit or bond for no longer than four months is issued to the
County to cover all costs associated with stripping and recompaction
of the CBR base and providing a prime-and-single-seal surface.
(2) Application to have a street accepted into the state system shall be completed by the developer and submitted to the County and the Virginia Department of Transportation within six months after the County has issued a third certificate of occupancy for a residence addressed on said street. No application shall be submitted to the County and the Virginia Department of Transportation until the street is built to state standards and inspected by the Virginia Department of Transportation. The developer shall be responsible for maintenance and snow removal until the street is accepted into the state road system. Snow removal from all streets that serve residences shall be undertaken whenever the State Highway Department removes snow from state-maintained roads. Snow removal shall be included under Article
VII, Improvements and Guaranties, of this chapter.
B. Street layout. The layout, width, grade, design and
location of all streets shall conform to the approved final master
development plan, the standards contained in the Frederick County
Comprehensive Plan, Virginia Department of Transportation requirements
and the following regulations:
(1) Residential streets shall be laid out to discourage
through traffic. New residential lots shall not have direct vehicle
access to roads defined as major collector or arterial by the Frederick
County Comprehensive Plan or the Virginia Department of Transportation.
[Amended 9-13-1995]
(2) Provisions shall be made for the continuation of planned,
existing or platted streets on adjoining parcels. The design of such
streets shall be coordinated in terms of location, width, grades and
drainage. Such continuations shall be made to provide access to adjoining
parcels, to provide for streets identified in the Comprehensive Plan
and to provide for safe and adequate traffic patterns and access.
Such continuations may not be appropriate where they provide for access
between substantially different uses or where they will result in
adverse traffic impacts on existing neighborhoods or existing traffic
patterns and access. Where no lots front on the road, the Zoning Administrator
may require the design and grading of the right-of-way to conform
to the Virginia Department of Transportation standards with a minimum
of temporary or permanent seeding.
[Amended 1-25-2012; 9-26-2012]
(3) Final engineered construction documents shall be provided to the Subdivision Administrator prior to the complete release of the performance guaranties as specified in Article
VII, § 144-44, of this chapter.
C. Street names. Proposed street names shall not duplicate
or approximate phonetically the names of existing or recorded streets
in the County and the City of Winchester unless the proposed street
is a continuation of an existing or platted street. Prior to filing
a plat for approval, proposed street names shall be reviewed and approved
by the Subdivision Administrator.
D. Intersections.
(1) Streets shall intersect at approximately right angles.
The Board of Supervisors may allow intersections of lesser angles.
In no case shall a street intersect another at an angle of less than
80°.
[Amended 9-26-2012]
(2) No more than two streets shall intersect at the same
point.
(3) Wherever possible, the intersection of two streets
on the opposite sides of a street shall be cross intersections. The
center-line offsets of local or collector streets not at cross intersections
shall not be less than 300 feet. Any street intersecting with an arterial
street shall have a minimum center-line offset of 800 feet from any
other street intersecting that same arterial street. Distances shall
be measured from center line to center line of the two intersecting
streets along the center line of said arterial street.
E. Expansion of existing right-of-way. Whenever a property
proposed for subdivision or development abuts one side of an existing
or platted public street, the subdivider or developer shall dedicate
1/2 of the total right-of-way necessary to meet the right-of-way width
standards for the street as contained in this chapter or for future
expansion of the street as determined by the Virginia Department of
Transportation or Frederick County. Any required setbacks or buffers
shall be measured from the edge of this dedicated right-of-way.
[Amended 3-12-2008]
F. Motor vehicle access.
(1) All new lots created on collector or arterial roads shall meet the requirements regarding minimum driveway spacing as specified in Article
II of Chapter
165, Zoning. Any lot created that can not meet the requirements of the Chapter
165, Zoning, shall provide easements for shared access that will be reviewed for approval at the subdivision design plan or final plat review stage.
[Amended 8-12-2009]
(2) Whenever a proposed subdivision contains or is adjacent
to an existing or recorded arterial street, the Planning Commission
may require road improvements, such as acceleration and deceleration
lanes, service drives approximately parallel to such right-of-way,
reverse frontage lots with buffers and screening along a nonaccess
strip at the back of the lots, deep lots or other such treatments
as may be necessary to adequately protect residential properties and
provide separation of through and local traffic. The design of such
features shall be determined based on traffic safety considerations.
G. Culs-de-sac.
(1) Culs-de-sac, permanently designed as such, shall not
exceed 1,000 feet in length unless required by the Virginia Department
of Transportation standards for connectivity. The Board of Supervisors
may waive this requirement in cases where extreme topography or other
factors make it impractical. In no case shall the street serve more
than 25 lots. The turnaround provided shall have a right-of-way radius
of not less than 50 feet and a paved radius of not less than 45 feet.
Loop streets are preferred to culs-de-sac, where possible.
[Amended 12-9-2009; 9-26-2012]
(2) Any street dead-ended for access to an adjoining property
or because of approved stage development, which is over 200 feet in
length, shall be provided with a temporary, all-weather, fifty-foot
turnaround. The plan shall note that the land outside of the normal
street right-of-way shall revert to the adjoining landowners whenever
the street is continued. Temporary culs-de-sac used to accommodate
approved phasing or to provide access to adjoining properties shall
not be restricted in length to the one-thousand-foot requirement for
culs-de-sac. The length of temporary culs-de-sac shall not exceed
the length specified by the phasing plan on an approved master development
plan.
H. Reserve strips. Reserved-land spite strips, serving
solely to restrict access to existing or planned streets, shall not
be permitted, provided that nothing herein shall prohibit areas for
planting and landscaping where adequate access is otherwise available.
I. Grades. Street grades shall not exceed 10% on local
streets or 8% on collector streets. Ditches on grades greater than
5% shall be properly stabilized to prevent erosion and ensure positive
drainage. Catch basins shall be installed where required under the
current Virginia Department of Transportation standards.
J. Widths. The right-of-way width for major streets shall
conform to the Frederick County Comprehensive Plan and the requirements
of this chapter.
K. Classification. The classification of proposed streets
shall be determined by the Frederick County Comprehensive Plan or
by the standards of the Virginia Department of Transportation (VDOT).
The subdivider may be required to reserve rights-of-way for and/or
construct major roads as well as minor streets where applicable and
construct appropriate road improvements, bicycle and pedestrian accommodations
and access points.
[Amended 9-13-1995; 1-26-2022]
(1) Local street. A "local street" shall be a street within
a subdivision which may be required to serve as access to adjoining
property or to connect with streets in an adjoining subdivision.
(a)
Minimum right-of-way width shall be 55 feet
(with curb and gutter, and pedestrian accommodation on both sides)
or as required by VDOT standards.
(2) Minor collector. A "minor collector" shall be a street
within a subdivision that collects traffic from local streets and
distributes it to the major collector and arterial system. These streets
provide land access service and traffic circulation within residential,
commercial and industrial areas and may be required to serve as access
to adjoining properties or to connect with streets in adjoining subdivisions.
(a)
Minimum right-of-way shall be 60 feet (with
curb and gutter, and pedestrian accommodation on both sides) or as
required by VDOT standards.
(3) Major collector. A "major collector" shall be a street
that collects traffic from local streets and minor collectors and
distributes it to the arterial system. These streets provide links
to higher classified routes and serve as important intracounty travel
corridors.
(a)
Minimum right-of-way requirements and roadway
design shall reflect the future roadway classification as designated
by the Comprehensive Plan (including total number of lanes, medians,
curb and gutter and pedestrian accommodations) and/or as required
by VDOT standards.
(4) Minor arterial. A "minor arterial" shall be a street
designed to provide for either primary or secondary through traffic
movement between major secondary roads, collectors, arterials or other
major thoroughfares. Minor arterials interconnect and supplement the
principal arterial system with a greater emphasis on land access and
a lower level of traffic mobility.
(a)
Minimum right-of-way requirements and roadway
design shall reflect the future roadway classification as designated
by the Comprehensive Plan (including total number of lanes, medians,
curb and gutter and pedestrian accommodations) and/or as required
by VDOT standards.
(5) Major arterial. A "major arterial" shall be a street
designed as a major carrier of through traffic.
(a)
Minimum right-of-way requirements and roadway
design shall reflect the future roadway classification as designated
by the Comprehensive Plan (including total number of lanes, medians,
curb and gutter and pedestrian accommodations) and/or as required
by VDOTstandards.
(b)
Controlled access with service drives shall
be required.
L. Curbs and gutters. Curbs and gutters shall be constructed
along both sides of all streets in any subdivision containing lot(s)
less than 15,000 square feet or lot widths of 80 feet or less at the
street. The subdivider shall determine the curb cuts necessary for
entrance locations for any subdivision that requires curbs and gutters
at the subdivision design plan stage. The Subdivision Administrator
may allow for alternatives to curbs and gutters where it is determined
that improved stormwater management, such as reduced concentration
of peak flow for a drainage shed, would be achieved without it. Such
alternatives shall only be permitted when acceptable to the Subdivision
Administrator and when approved by the Director of Public Works.
[Amended 8-24-2004; 9-26-2012]
M. Street signs. Street signs shall be required at all
street intersections in all subdivisions. Signs other than those conforming
to typical Virginia Department of Transportation standards may be
permitted by the Subdivision Administrator if the size and design
are deemed appropriate. The subdivider shall submit a maintenance
plan for any sign that does not conform to Virginia Department of
Transportation standards, which must be approved by the Subdivision
Administrator. No occupancy permit will be issued for any dwellings
within a subdivision prior to the placement of required street signs
serving those residences.
[Amended 9-26-2012]
[Amended 9-23-2009; 9-26-2012]
Streetlights of adequate type and intensity
shall be required to promote public health and safety in any subdivision
in the RP (Residential Performance), R4 (Residential Planned Community),
and R5 (Residential Recreational Community) Districts and residential
areas in the MS (Medical Support) Districts. Streetlights shall be
provided at all intersections. The design proposal for streetlighting
shall be approved by the Subdivision Administrator. The Board of Supervisors
may waive the requirement for streetlights.
Generally, in the sewer and water service area
designated by the Frederick County Comprehensive Plan or where public
sewer and water is available, such service shall be extended by the
developer to all lots within a subdivision and throughout the limits
of the property to adjoining properties. Such facilities shall meet
all regulations and specifications of the Frederick County Sanitation
Authority or other applicable federal, state or local agencies.
A. Central sewer or water systems. Any person proposing
the construction of a central sewer or water facility shall obtain
a written agreement with the Frederick County Sanitation Authority,
prior to final subdivision plat approval, which states that said facility
shall become the property of the Sanitation Authority. Such systems
shall only be constructed if they are in conformance with the policies
set forth in the Comprehensive Plan.
B. Private sewage systems. Installation of privately
owned sewage collection and treatment facilities shall meet all the
requirements of the State Water Control Board, the Virginia Department
of Health and any other state or local agencies having authority over
such installations. Such facilities shall not be designed or utilized
to serve more than one residence.
C. Individual on-lot systems. The Subdivision Administrator
shall not approve any subdivision where a public sanitary sewer system
is not provided unless a written statement from the local health official
is present to the effect that the area contained in each subdivided
lot is satisfactory for the installation of an on-site sewage disposal
system. These requirements shall not apply to a parent tract that
is part of a minor rural subdivision, so long as said parent tract
remains a minimum of 20 acres after the subdivision.
[Amended 8-8-2012]
Appropriate provisions shall be made for the
location of buffers and screens and recreational facilities on subdivision
plans. Provisions shall be made for the protection of all environmental
features required to remain undisturbed.
Any new residential subdivision that is located
within the area designated as the Airport Support Area by the Frederick
County Comprehensive Plan shall be required to provide an avigation
easement for the Winchester Regional Airport. This avigation easement
shall be included in all deeds and shall hold harmless the Winchester
Regional Airport Authority from any lawsuit regarding noise pollution.
All grading of roads, lots and other areas shall
be carried out to ensure positive drainage away from buildings. Individual
lot grading shall be coordinated with the overall stormwater management
plan of the subdivision. Grading which results in the concentration
or collection of water outside of drainage easements shall not be
allowed.
[Amended 6-9-1993; 8-12-2009]
The requirements of this section shall apply to all subdivisions of land zoned RA (Rural Areas) under Article
IV of Chapter
165, Zoning, of the Frederick County Code.
A. Design standard exemptions. Rural subdivisions shall
be exempted from the following design standards:
(2) Section
144-18, Sidewalks and pedestrian walkways.
B. Major rural subdivisions.
[Amended 12-9-2009]
(1) Any subdivision which results in a cumulative total of more than three lots being divided from a single parent parcel within the RA (Rural Areas) Zone shall be considered a major rural subdivision. Lots described in §
165-401.06B, Family division lots, of Chapter
165, Zoning, of the Frederick County Code, shall not count toward this three-lot limit. Prior to review and approval of final plats for such divisions, a preliminary sketch plan must be reviewed and approved by the Zoning Administrator.
(2) Access. All roads serving lots within a major rural
subdivision shall be built to the Subdivision Street Acceptance Standards
of the Virginia Department of Transportation and dedicated to Frederick
County for eventual acceptance into the state secondary road system.
C. Minor rural subdivisions.
(1) The division of the following types of lots are permitted
under the regulations for minor rural subdivision:
(a)
Lots described by §
165-401.06B, Family division lots, of Chapter
165, Zoning, of the Frederick County Code.
[Amended 12-9-2009]
(b)
Lots described in §
165-401.06A, Traditional five-acre lots, and § 165-401.06D, Rural preservation lots, provided that a total of no more than three such lots may be created from any one parcel under these regulations.
(2) Shared private driveways. Vehicular access to minor
rural subdivisions may be provided by means of shared private driveways.
The owners of lots provided with access via such driveways shall be
responsible for the improvement and maintenance of said driveways.
When shared driveways are used, the Subdivision Administrator shall
be provided with copies of the deeds of transfer. Such deeds shall
contain the following language:
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The proposed shared private driveway is not
built according to street standards of and will not be maintained
by the Virginia Department of Transportation or the County of Frederick.
The improvement and maintenance of said driveway shall be the sole
responsibility of the owners of lots which are provided with access
via the driveway. Said shared private driveways will not be considered
for inclusion into the state secondary system until they meet the
applicable construction standards of the Virginia Department of Transportation.
The cost of bringing said driveways to acceptable standards shall
not be borne by the Virginia Department of Transportation nor by Frederick
County.
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(3) Minimum width for shared private driveway. The minimum right-of-way
width for a shared private driveway shall be 50 feet to a public street
or right-of-way dedicated for maintenance by the Virginia Department
of Transportation. For the purposes of family division lots, the minimum
right-of-way width for a shared private driveway shall be 20 feet
to a public street or right-of-way dedicated for maintenance by the
Virginia Department of Transportation.
[Amended 1-11-2017]
[Amended 9-23-2009]
All commercial and industrial subdivisions shall be exempted from the following sections of Article
V of this chapter: