The following types of private streets may be allowed in the following developments, provided that applicable standards set forth in this article are met:
A. 
Type I: all developments.
B. 
Type II: Single-family detached dwelling developments serving lots which meet a density of one dwelling unit per 25 acres.
[Amended 3-5-1990]
C. 
Type III: Family subdivision only.
[Amended 3-5-1990]
[Amended 3-5-1990; 2-4-1991; 2-1-2021; 5-1-2023]
The following limitations shall apply unless modified by the Board in conjunction with a request for a special exception, site plan approval, subdivision plan approval or family transfer; provided that the applicant can show that no other remedy is realistically feasible, that plausible alternatives have been exhausted, that not modifying the applicable limitation(s) would place an unreasonable restriction on the use of the property and that properties through which access is planned shall not be unreasonably affected.
A. 
Type I: all types of development.
(1) 
Private streets within a development shall be limited to those streets which are not required or designed to provide access to adjacent properties or the remainder of the tract being developed, or other streets, as determined by the Commission.
(2) 
The private street must connect directly to a state-maintained street.
(3) 
The right-of-way must be a minimum of 50 feet in width.
B. 
Type II. No private streets not built to Type I standards shall serve more than five lots.
C. 
Type III. Type III private streets shall be located within a right-of-way as required in § 147-36B(1)(b) and § 15.2-2244(A) of the Code of Virginia 1950 (as amended).
[Amended 3-5-1990; 1-7-2008; 2-1-2021; 10-6-2025]
Pavement widths shall be the minimum required to support travel lanes, on-street parking, and emergency, maintenance, and service vehicle access, as applicable. Alternate street layouts and turnarounds for residential areas shall be examined to minimize the total length of impervious surface. Culs-de-sac, when used, shall either incorporate landscaped areas to reduce impervious area or be designed at the minimum radius required to accommodate emergency and maintenance vehicles. Specific design standards shall be as follows:
A. 
Type I: minimum VDOT specifications.
B. 
Type II: Such facilities shall be designed to meet minimum applicable requirements contained in Attachment A of Chapter 147, Subdivision of Land.
C. 
Type III: none.
Construction standards shall be as follows:
A. 
Type I and II private streets shall be constructed in accordance with approved plans and profiles. A performance bond shall be required to ensure proper and complete construction.
B. 
Type III: none.
Ingress and egress easements for public emergency shall be granted to the County for all private streets within a development. Such easements shall be recorded with the instruments which create the private street (including Types I, II and III).
[Amended 4-6-1987; 2-1-2021]
In no event shall a Type I private street be approved unless there is established a nonprofit homeowners organization or other legal entity under the laws of Virginia for the care and maintenance of the street(s). Such organization shall be created by covenants running with the land and shall be composed of all persons using the street(s). Membership fees shall be established, and provisions for modification shall be included. Covenants shall include a statement to the effect that the County is not responsible for a maintenance unless and until the street is constructed to the required standards and accepted by the VDOT into the secondary system.