The following types of private streets may be
allowed in the following developments, provided that applicable standards
set forth in this article are met:
[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]
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 imperious area or be
designed at the minimum radius required to accommodate emergency and
maintenance vehicles. Specific design standards shall be as follows:
Construction standards shall be as follows:
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.
