A.
The county shall require that the subdivider make
improvements provided herein for record plat approval. Said improvements
shall be installed at the cost of the subdivider and in compliance
with the requirements of any or all plans and plats approved by the
Administrator, Planning Commission or Board of Supervisors as specified
in this chapter or the Virginia Department of Transportation, Health
Department or any other applicable state or local agency.
B.
No subdivider shall commence the construction of any
such improvements without first submitting plans and specifications
and obtaining the written approval of the Virginia Department of Transportation,
Health Department or any other applicable state or local agency.
A.
Identifying monuments shall be placed on the right-of-way
line at all street intersections, at all points where the street line
intersects the exterior boundaries of the subdivision, at all points
of curvature in each street and at all lot corners and subdivision
boundaries. Monuments shall be composed of reinforced concrete, iron
pins, pipes or rods.
B.
All concrete monuments shall be composed of reinforced
concrete, four inches in diameter or square, three feet long, with
a flat top, and shall have no more than four inches nor less than
one inch above finished grade.
C.
All monuments composed of iron pins, pipes or rods
shall be not less than 5/8 inch in diameter and 24 inches long and
be driven so as to be flush with the finished grade. When rock is
encountered, a hole four inches deep in the rock shall be drilled
and a steel rod 1/2 inch in diameter cemented in place whose top shall
be flush with the finished grade line.
D.
Upon completion of subdivision streets, sewers and
other improvements, the subdivider shall make certain that all monuments
required by this section and the Virginia Department of Transportation
regulations are clearly visible for inspection and use. Such monuments
shall be inspected by the appropriate county official before any improvements
are accepted by the county. The Planning Commission may require a
spot check of plat accuracy based on monument placement before recordation.
The subdivider shall lay out, grade, construct
and otherwise improve all streets, including Class III roads, that
are designated on the approved plat or that directly serve the subdivision
in accordance with the specifications approved by the Planning Commission
and in accordance with the Virginia Department of Transportation specifications.
The subdivider shall install, at his cost, street
signs showing the names of all streets at all intersections within
the subdivision. The signs shall conform to Virginia Department of
Transportation specifications.
When required by the Planning Commission or
Board of Supervisors, drainage systems shall be provided by means
of culverts, ditches, catch basins, curbs and gutters and any other
facilities that are necessary to provide adequate drainage and disposal
of surface and storm waters from or across all streets and adjoining
properties.
A.
Where subdivisions contain areas within the floodplain,
the subdivider shall provide all necessary information and plans needed
to determine what improvements are necessary to properly develop the
subject property, including contour intervals, drainage plans and
flood abatement devices to protect the property from damage due to
flood. The subdivider shall provide a certified engineer's statement
that such improvements, when properly installed, will be adequate
for proper development. The subdivider shall also provide any other
information required by the Planning Commission, Board of Supervisors
or Commonwealth of Virginia highway engineer.
B.
All new or replacement sanitary sewer facilities,
private package sewage treatment plants (including all pumping stations
and collecting systems) and water facilities located within a floodplain
shall be designed to minimize or eliminate infiltration of floodwaters
into the systems and discharges from the systems into the floodwaters.
In addition, they shall be located and constructed to minimize or
eliminate flood damage and impairment.
C.
All utilities such as gas lines and electrical and
telephone systems located within a floodplain shall be elevated where
possible and constructed to minimize the chance of impairment during
flooding.
D.
Streets and sidewalks should be designed to minimize
their potential for increasing and aggravating the levels of flood
flow. Drainage openings shall be required to sufficiently discharge
flood flows without unduly increasing flood heights.
Where public sewer or water service exists within
500 feet of the proposed subdivision boundaries, the Board of Supervisors
may require that it be extended to serve all lots within the subdivision
unless such extension is unfeasible due to grade, topography or that
the existing services are not adequate to serve the proposed subdivision.
The cost of extending and installing all such sewer and water lines
shall be the sole responsibility of the subdivider.
A.
Nothing in this chapter shall prevent the installation
of privately owned water distribution systems or sewage collection
and treatment facilities; provided, however, that any such installations
must meet all the requirements of the State Water Control Board, State
Health Department and any other federal, state or local regulation
having authority over such installation.
B.
In any subdivisions involving a private sewer and/or
water system, the applicant must submit assurances satisfactory to
the Planning Commission and the County Attorney that a property owners'
community association or similar association has been legally established
under which the lots within the area of the final plat will be assessed
for the cost of maintaining and operating the private sewer and/or
water system and that such assessments shall constitute a pro rata
lien upon the individual lots shown on the final plat.
C.
Every final plat of a division of land involving lots
served by a private sewer or water system shall contain a statement
by the subdivider which clearly states that all private sewer and/or
water systems within the subdivision are not publicly maintained and/or
operated and shall be collectively maintained and/or operated by the
owners of all lots which are served by said private sewer and/or water
systems.
D.
Each deed of conveyance for a lot included in a subdivision
served by a private sewer and/or water system shall include the following
restrictions:
(1)
The private sewer and/or water system is not publicly
maintained and instead shall be maintained by all the owners of lots
which are served by the private sewer and/or water system.
(2)
The grantee is required to belong to a property owners'
association responsible for the maintenance and/or operation of the
private sewer and/or water system within the subdivision and is liable
for payment of an annual assessment for the maintenance and operation
of said private sewer and/or water system.
A.
All physical improvements, including private sewer
systems, private water systems and Class III roads, required by the
provisions of this chapter or as a contingency to approval of the
final plat for the subdivision as platted shall be installed therein
and thereon at the expense of the subdivider.
B.
After approval of the preliminary plat and prior to
consideration of the final plat by the Planning Commission, the subdivider
may complete all required physical improvements, or, pending completion
of the improvements, the subdivider shall execute and file with the
Administrator an agreement and bond (or agreements and bonds) in an
amount calculated and submitted by a certified engineer and approved
by the Board of Supervisors to be equal to the approximate total cost
of such improvements, with surety approved by the Board of Supervisors
and the County Attorney, guaranteeing that the required improvements
will be properly and satisfactorily installed within one year of the
date of final plat approval. Said bond shall be payable to the county
and held by the Administrator.
C.
However, in lieu of such bond, the subdivider may
place with the county a certified check, a deposit in escrow or a
bank or savings and loan association's letter of credit on certain
designated funds upon the same conditions as above if such security
is approved by the Board of Supervisors and the County Attorney.
D.
Failure to complete all required improvements to the
satisfaction of the county within the one-year time period specified
shall mean forfeiture of the bond or other security by the subdivider
to the county for completion of the required improvements. An extension
of the one-year time completion period may be granted once by the
Board when a request by the subdivider is received, in writing, stating
the reasons the original time period has not been complied with and
stipulating a new estimated time period when the improvements shall
be completed, which shall not exceed one year. The Board may require
that the amount of bond be revised and/or the bond renewed prior to
authorizing such extension. This extension shall only be granted by
the Board when no adverse effect to the public health, safety, welfare
or convenience will be suffered.
E.
No final plat shall be approved unless and until such
bond or security has been received and approved as in this section
or all the required improvements are completed.
F.
The Board of Supervisors shall release, either partially
or fully, any bond, escrow, letter of credit or other performance
guaranty required by the county under this section within 30 days
after receipt of written notice by the subdivider or developer of
completion of part or all of any facilities required to be constructed
hereunder unless the Board notifies said subdivider or developer,
in writing, of any specified defects or deficiencies in construction
and suggested corrective measures prior to the expiration of said
thirty-day period; provided, however, that the Board shall not be
required to release such bond, escrow, letter of credit or other performance
guaranty in an amount to exceed 90% of the actual cost of the construction
for which the bond was taken until such facilities have been completed
and accepted by the Board or state agency. For the purposes of this
subsection, a certificate of partial or final completion of such facilities
from a duly licensed engineer or from an appropriate governmental
agency may be accepted without requiring further inspection of such
facilities.
The subdivider and/or contractor shall have
available on the project, at all times, a clearly readable copy of
all approved plans and specifications and shall cooperate in every
way possible with any inspector or representative of the county or
state.
