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]
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]
A.
Sidewalks shall be installed in the right-of-way and
adjacent to the boundary of the right-of-way of all proposed and existing
streets and shall contain adequate handicapped ramps at all intersections
at intervals acceptable to the Virginia Department of Transportation.
There shall be a minimum two-foot-wide grass strip or swale between
the street edge and the sidewalk, where sidewalks are required. Sidewalks
are required as follows:
[Amended 3-14-2012]
(1)
Along
both sides of all local streets 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. If low-impact development techniques
are utilized within a project, the Subdivision Administrator may allow
sidewalks to be placed on only one side of a local street within any
residential subdivision.
(2)
Along
both sides of all collector and arterial streets in any zoning district
within the Urban Development Area and/or the Sewer and Water Service
Area. The Subdivision Administrator may waive the sidewalk requirement
for one side of a collector road within a master planned industrial
park when a ten-foot asphalt pedestrian facility has been or is planned
to be constructed on the opposite side of the collector roadway, and
only in such cases that the sidewalk has been deemed unnecessary along
said collector roadway.
B.
The Subdivision Administrator may waive the sidewalk
requirement along local streets when the pedestrian walkways are provided
that allow pedestrian access to each lot or use. Such walkways must
provide appropriate connections to pedestrian systems throughout the
development and on adjoining properties.
[Amended 3-14-2012]
C.
All sidewalks and walkways shall be a minimum of five
feet wide. Sidewalks shall conform to VDOT standards. Alternative
designs and construction materials for sidewalks and walkways may
be approved by the Subdivision Administrator to accommodate low-impact
design. These alternative designs and materials shall only be permitted
when acceptable to the Subdivision Administrator and when approved
by the Director of Public Works and the Building Official.
[Amended 1-25-2012]
D.
Bicycle
and pedestrian facilities shall be constructed along all roadways
designated by the Frederick County Comprehensive Policy Plan. All
bicycle and pedestrian facilities shall be a minimum of 10 feet in
width and shall conform to VDOT standards. If not located within a
public road right-of-way, all trails shall be placed within a public
access easement and maintained by the developer and/or homeowners’
association.
[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]
[Amended 12-11-1991]
A.
An overall stormwater management plan shall be provided
with each subdivision to ensure that the requirements of the Frederick
County Code and applicable state regulations are met. Stormwater management
facilities shall be designed to provide stormwater quantity and quality
controls and to convey the flow of surface water without damage to
persons or property. The system shall ensure drainage at all points
along streets and provide positive drainage from all lots and away
from all buildings. All development in Frederick County shall meet
the requirements of Chapter 79, Erosion and Sediment Control, of the
Frederick County Code and the Virginia Department of Conservation
and Recreation stormwater management regulations, as applied to communities
with local stormwater management programs.
B.
In addition, a stormwater management plan for a land
development project shall be developed so that, from the site, the
postdevelopment peak runoff rate from a two-year storm and a ten-year
storm, considered individually, shall not exceed the predevelopment
rates. Predevelopment and postdevelopment runoff rates shall be verified
by calculations that are consistent with good engineering practices,
County and state standards and acceptable to Frederick County. The
Subdivision Administrator may exempt subdivisions in which all lots
are 15,000 square feet or more in area from the above requirements;
this waiver shall only be permitted when acceptable to the Director
of Public Works. In such cases, the exempted subdivision shall meet
the requirements of the State Erosion and Sediment Control Regulations,
VR 625-03-22, Paragraph 19.
[Amended 11-12-2003; 9-26-2012]
(1)
Stormwater conveyance.
(a)
Storm drainage conveyance systems for subdivisions
shall be designed to convey a storm with a ten-year frequency without
surcharging inlets. The storm conveyance system shall be designed
to pass the one-hundred-year storm through overland relief and channelization
without damage to private property or threat to public safety. Dams
and embankments shall be designed to include a controlled emergency
spillway adequate to carry the entire peak one-hundred-year runoff.
(b)
Drainage flowing through a site from off-site
areas upstream shall be determined using runoff coefficients or curve
numbers for the anticipated land use per the Comprehensive Plan, not
by existing conditions.
(2)
Natural drainageways. Natural drainageways shall be
used whenever possible to carry stormwater runoff.
(3)
Drainage easements.
(a)
Whenever a subdivision is traversed by a watercourse,
drainageway, channel or stream, a drainage easement shall be provided.
Such easement shall substantially follow the line of such drainageway
and shall be of sufficient width to preserve the natural drainage.
A deed of dedication shall be submitted to the Zoning Administrator
for such drainage easements, describing the manner in which drainage
is to be protected.
(b)
Where a proposed subdivision will be traversed
by a drainageway not located within the street right-of-way, a drainage
easement shall be provided in a location and of a width adequate to
maintain an unimpeded flow of natural drainage. The subdivider shall
grade and seed the slopes of such easement after construction where
necessary to prevent erosion and sedimentation and in a manner that
will not adversely affect the function of the drainageway. Nothing
shall be placed or planted within the easement which will impede the
flow of drainage.
(4)
Lot drainage.
(a)
Lots shall be established to provide positive
drainage away from buildings. Individual lot drainage shall be coordinated
with the overall stormwater management plan of the subdivision. Concentration
or collection of water shall not occur outside of drainage easements.
(b)
Absolute minimum floor elevations for any habitable
space, including basements, shall be included on the subdivision design
plan and established as part of the stormwater management plan to
prevent residential flooding or other drainage problems.
(5)
Sinkhole protection. Nothing shall be done to negatively
alter the quality and quantity of runoff entering sinkholes from predevelopment
conditions. Best management practices shall be applied for stormwater
control.
(6)
Regional facilities.
(a)
Where land to be subdivided lies within a watershed
designated by the Frederick County Comprehensive Plan as one in which
the most efficient stormwater management would be achieved through
regional stormwater facilities, the subdivider shall contribute a
pro rata share of the cost of the necessary drainage facilities which
may be outside the limits of the land owned or controlled by the subdivider
but which are required, at least in part, by the proposed improvements,
as provided for in § 15.2-2245.1 of the Code of Virginia.
In such cases, the Subdivision Administrator may waive some or all
of the stormwater management requirements in this section when acceptable
to the Director of Public Works.
(b)
The policy and criteria for determining the
pro rata share of total costs of regional facilities shall be adopted
by the Board of Supervisors following a public hearing.
A.
Whenever earthmoving or grading activities are proposed
as part of the development of a subdivision, the developer shall plan
for practical and effective erosion controls of both a temporary and
permanent nature for the purpose of alleviating adverse effects on
and off the site before, during and after development.
B.
Plans and specifications for erosion and sedimentation
controls shall be reviewed for approval by the County Engineer and
shall comply with the Virginia Erosion and Sedimentation Control Law
and Chapter 79, Erosion and Sediment Control, of the Frederick County
Code.
C.
No site improvement may be initiated prior to posting
a performance bond and the issuance of a land disturbance permit in
accordance with the specifications of Chapter 79, Erosion and Sediment
Control, of the Frederick County Code.
A.
All environmental features described by Chapter 165, Zoning, of the Frederick County Code shall be protected in subdivisions according to requirements of that chapter.
B.
Floodplain development.
(1)
Floodplains. When any stream or substantial surface
drainagecourse is located in an area proposed to be subdivided, provisions
shall be made for an adequate floodplain easement, encompassing the
area of the one-hundred-year flood, along the stream or drainagecourse
for the purpose of protecting the stream or drainagecourse for drainage
purposes.
(2)
Floodplain study.
(a)
When an area proposed to be subdivided contains
a stream or drainagecourse which has not had the one-hundred-year
floodplain delineated by the United States Corp of Engineers or the
United States Geological Survey, the subdivider shall be required
to show the one-hundred-year floodplain on the plat of the property
to be subdivided. The limits of such floodplain shall be located by
a floodplain study prepared by a qualified engineer or by other qualified
persons or methods approved by the Subdivision Administrator.
(b)
Any proposal which would in any way alter or
modify an area determined to be within a designated floodplain, must
be accompanied by a floodplain study which establishes the impacts
of such alteration or modification.
(3)
Building lots. In floodplain areas, to ensure development of lots containing sufficient land upon which to place structures without impeding natural drainage, the subdivider shall provide elevation and flood profile data as may be required by the Subdivision Administrator. All building sites shall conform to all requirements of Chapter 165, Zoning, and all building floor elevations shall be a minimum of two feet above the one-hundred-year floodplain elevation.
C.
Any disturbance to existing wetlands shall require
all necessary permits from the Environmental Protection Agency, the
Corp of Engineers and the State Water Control Board.
A.
Lot arrangement. All lots shall be established and
arranged so that no foreseeable difficulties will occur in providing
and constructing allowed uses on any lot due to lot size, shape, topography
or other conditions.
B.
Lot dimensions. The dimensions of all lots shall conform with the requirements of Chapter 165, Zoning, of the Frederick County Code, concerning lot area, minimum lot width, setbacks and other dimensional requirements. Insofar as practical, side lot lines shall be at right angles to straight front lot lines or radial to curved front lot lines.
C.
Lot access. All lots shall abut and have direct access
to a public street or right-of-way dedicated for maintenance by the
Virginia Department of Transportation.
[Amended 10-27-1999; 3-22-2006; 2-28-2007; 12-10-2008; 9-14-2011; 1-25-2012]
(1)
Multiple-frontage lots. Corner lots with public street
frontage on two adjacent sides shall be allowed. Double-frontage lots
with public street frontage on two streets that do not intersect at
the lot shall be avoided, except where required to prevent direct
access to collector or arterial streets. Lots with public street frontage
on more than two sides shall be avoided.
(2)
Single-family small lot housing, single-family attached
housing and multifamily housing.
(a)
Lots in subdivisions to be used for the following housing types, as defined by Chapter 165, Zoning, need not abut public streets:
(b)
When such lots do not abut public streets, they
shall abut private roads, parking lots or access easements. The length
and extent of private roads, driveways and parking aisles providing
access to lots shall be minimized, and public streets shall be provided
in larger subdivisions when substantial distances are involved. Individual
lots shall be no more than 1,000 feet from a state-maintained road,
as measured from the public street along the private access road.
The Board of Supervisors may allow lots to be located as much as 1,200
feet from a state-maintained road in cases where enhanced circulation
is provided with a driveway loop.
(c)
The Board of Supervisors may provide a waiver to the public street requirement specified in § 144-24C to allow for a complete system of private streets within proffered age-restricted communities. This waiver may be requested by the applicant during the consideration of a rezoning application or during consideration of the master development plan. The applicant is required to provide a conceptual design which demonstrates the proposed private street system layout and provides both the cross section (horizontal and vertical) section dimensional base and pavement detail that meets or exceeds VDOT standards as a condition of requesting approval of a waiver by the Board of Supervisors.
D.
Remnants. No remnants shall remain after establishing
lots. All land on the final subdivision plat shall be contained in
lots, streets or common open space. All parcels of land on the final
subdivision plat shall meet the requirements for those uses as specified
in the Frederick County Code.
A.
Easements shall be recorded in subdivisions for all
utility lines according to the requirements of the relevant utility
companies.
B.
Underground utilities. All electric, telephone and cable television lines shall be installed underground. This requirement may be waived by the Board of Supervisors for subdivisions and lots in business and industrial zoning districts not requiring an approved master development plan or subdivisions in business and industrial zoning districts that were approved prior to the adoption of this chapter. Underground utilities shall be required in new industrial parks, office parks and shopping centers, as defined by Chapter 165, Zoning, of the Frederick County Code.
[Amended 9-26-2012]
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.
A.
Common open space, required to be located within the
subdivision by the County Code, shall be dedicated to a property owners'
association. The property owners' association shall own, maintain
and be liable for the required open space. In lieu of dedication to
a property owners' association, the subdivider may choose to dedicate
the open space to Frederick County. Such open space will be accepted
by Frederick County only with specific approval by the Board of Supervisors.
The Board of Supervisors shall be under no obligation to accept such
dedication of open space.
B.
The subdivider shall submit a plan that specifies
the utilization and maintenance of all parts of a subdivision to be
included in open space. This plan shall be submitted along with the
subdivision design plan and shall specifically list what each section
of common open space is intended to be used for, who will maintain
each section and what type of maintenance will be required to keep
all sections of common open space in compliance with all applicable
County codes. Where appropriate, common open space shall be free of
debris and weeds and shall be graded, stabilized and completely improved
for its intended use prior to its dedication to the property owners'
association or the County.
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.
A.
Monuments shall be placed at all corners, angles and
points of curvature of all lots, parcels and open space areas. Such
monuments shall consist of iron pipes or iron rods no less than 1/2
inch nor more than one inch in diameter and no less than 18 inches
in length. The tops of said monuments shall be no more than four inches
and no less than one inch above the finished grade of the ground surface,
with a witness stake set beside the monument identifying the corner.
If a corner is located on a rock ledge, a one-half-inch hole shall
be drilled not less than six inches deep.
B.
One concrete monument shall be placed for each 50
lots or fraction thereof within a subdivision. At least two concrete
monuments shall be placed in each subdivision. Such concrete monuments
shall be of stone or precast concrete, not less than four inches square
or four inches in diameter and appropriately scribed with vertical
and horizontal controls.
[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.
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]
A.
Intent. The intent of this section is to require the
establishment of a nonprofit organization to be known as the "property
owners' association." The property owners' association shall be created
by the subdivider. The property owners' association shall be financially
responsible for its own operations and shall be charged with the continuous
maintenance and management of all common areas, easements, stormwater
management facilities and dedicated facilities associated within an
approved subdivision.
B.
Establishment. The subdivider shall file legal documents
that establish procedures for the establishment of a nonprofit property
owners' association prior to the sale of any lot in an approved subdivision.
These legal documents shall be submitted to the Subdivision Administrator
and the County Attorney for review and approval prior to the approval
of the final subdivision plats. These documents shall include but
not be limited to provisions for dedication of common properties,
declarations of covenants, conditions and restrictions, articles of
incorporation, bylaws and deed clauses for common areas. All final
contracts between the subdivider and all lot purchasers shall include
a consumer disclosure statement listing the property owners' association's
annual assessments and the copy of the final approved property owners'
association bylaws. Membership in the property owners' association
shall be mandatory for each original purchaser and each successive
purchaser of a lot in any approved subdivision. A liability insurance
policy of $1,000,000 shall be mandatory for any property owners' association
containing 20 or more lots.
[Amended 6-11-2008]
C.
Management. The subdivider shall be responsible for
the management and maintenance of all private common areas, easements
and improvements in the approved subdivision until the improvements
are taken over by the property owners' association. The subdivider
shall exercise all powers and duties of the property owners' association,
including assessment and collection of charges. Prior to the sale
of the lot constituting 50% of all approved buildable lots, all common
areas, easements and improvements shall be transferred from the developer
to the property owners' association. All private common areas, easements
and improvements shall be in good operating order and condition and
in compliance with all applicable laws, codes and regulations at the
time of transfer to the property owners' association. The subdivider
shall notify the Department of Planning and Development when the transfer
of control to the property owners' association occurs.
D.
Financial procedures. Within subdivisions containing
20 or more lots, all funds associated with a property owners' association
shall be maintained in interest-bearing escrow accounts approved by
the property owners' association's board of directors. The treasurer
of the property owners' association shall be bonded and shall be responsible
for providing annual statements, preparing and submitting an annual
budget and making financial recommendations to the board of directors.
E.
Maintenance. All private common areas, easements,
stormwater management facilities and dedicated facilities shall be
continuously maintained in a fashion where the use, function and appearance
is in conformance to the provisions of the Frederick County Code.
The County shall have the right to inspect any common area, easement,
stormwater management facility or dedicated facility to ensure that
the requirements of the Frederick County Code are complied with. If
the maintenance of common areas, easements, stormwater management
facilities or dedicated facilities is neglected or becomes a danger
to public health or safety, the locality shall have the authority
to perform the work necessary to bring the area into compliance with
all applicable codes and recover all costs from the owner(s).
F.
Penalties. In the event that the subdivider or the
property owners' association is found to be in violation of any provision
established in this section, the County of Frederick shall have all
powers of enforcement to ensure compliance with all applicable laws,
codes and regulations.
