A.
In any Class A subdivision, all lots or parcels shall be served by
public streets designed, planned and constructed in accordance with
the requirements of the Virginia Department of Transportation and
either in or are to be accepted into the state system and maintained
by the Virginia Department of Transportation upon completion. Property
shall be determined to be served by a state-maintained road if the
property meets the state-maintained road at a point where a driveway
could be built. The preliminary plat, along with all other requirements,
shall show the location of the driveway.
B.
In Class B subdivisions, any road, street or right-of-way shall not
be required to be constructed to meet state road requirements but
shall meet the following requirements:
(1)
The minimum street right-of-way shall be 40 feet in width, and all
lots shall be not less than 2.5 acres in size;
(2)
The roadway shall be constructed within the street right-of-way and
shall be a minimum of 18 feet in width, exclusive of shoulders and
side ditches. Shoulders shall be a minimum of two feet with ditches
at least two feet in width and one foot in depth. Drainpipes shall
be installed where appropriate to control water runoff;
(3)
Roadbed construction shall consist of six inches of stone or base
material. If stone is used, the stone shall be a minimum of three-fourths-inch
crusher run stone. The roadbed shall be free of all decaying organic
material such as stumps, trees, or brush before road construction
is to begin. Road grade shall not exceed 16% as calculated pursuant
to VDOT standards and all roads constructed above 14% grade shall
be paved over the required stone or base material with a minimum of
three inches of asphalt, and shall not exceed 200 feet in length before
leveling out.
(4)
The developer must disclose in its marketing material and by written
notice to purchasers, which shall be acknowledged in writing at closing,
and by reference in the deed of conveyance, the exact type of right-of-way,
street or road, including the method of maintenance and whose responsibility
it is to maintain the same or if left wholly to the purchaser to maintain;
(5)
A road profile shall be submitted at the time of submission of the
preliminary plat in such form and nature to allow the Administrator
to determine compliance with these provisions and the Administrator,
or its agent, shall be notified when the street is under construction
and shall have the right, but not the obligation, to inspect.
C.
In Class C subdivisions, any road, street or right-of-way shall not
be required to be constructed to meet state road requirements but
shall meet the following requirements:
(1)
The minimum street right-of-way shall be 25 feet in width, and all
lots shall be not less than 1.5 acres in size;
(2)
The roadway shall be constructed within the street right-of-way and
shall be a minimum of 18 feet in width, exclusive of shoulders and
side ditches. Drainage ditches and drainpipes shall be installed where
needed and in compliance with erosion and sedimentation control and
stormwater management regulations;
(3)
The roadway shall not serve more than five parcels of real estate
and shall terminate at a cul-de-sac and shall not connect to adjoining
properties or to other roadways either private or public. The cul-de-sac
shall have a minimum right-of-way diameter of 50 feet.
(4)
Roadbed construction shall consist of six inches of stone or base
material. If stone is used, the stone shall be a minimum of three-fourths-inch
crusher run stone. The roadbed shall be free of all decaying organic
material such as stumps, trees, or brush before road construction
is to begin. Road grade shall not exceed 16% as calculated pursuant
to VDOT standards and all roads constructed above 14% grade shall
be paved over the required stone or base material with a minimum of
three inches of asphalt, and shall not exceed 200 feet in length before
leveling out.
(5)
The developer must disclose, in its marketing material and by written
notice to purchasers, which shall be acknowledged in writing at closing,
and by reference in the deed of conveyance, the exact type of right-of-way,
street or road, including the method of maintenance and whose responsibility
it is to maintain the same or if left wholly to the purchaser to maintain;
(6)
A road profile shall be submitted at the time of submission of the
preliminary plat in such form and nature to allow the Administrator
to determine compliance with these provisions and the Administrator,
or its agent, shall be notified when the street is under construction
and shall have the right, but not the obligation, to inspect.
D.
On any plat in which the streets are not to be constructed to VDOT
standards and taken into the VDOT system, such plat and all deeds
conveying any parcel in such subdivision shall contain the following
statement: "These streets are built to a standard less than that acceptable
to the Department of Transportation to accept maintenance jurisdiction
over the streets as part of the secondary system of state highways.
All costs associated with the maintenance of the street(s) or its
improvement to a standard acceptable to the Department of Transportation
shall be the responsibility of the landowners (or others) and may
not be sustained from public funds administered by the Department
of Transportation or the County." These statements must be in type
as large as or larger than the main body of the deed and must be included
in each subsequent deed of conveyance.
E.
In the layout of streets, the subdivider shall comply with the following:
(1)
Streets within and contiguous to the subdivision shall be coordinated
with other existing or planned streets within the general area as
to location, widths, grades and drainage; including planned streets
in existing or future adjacent or contiguous to adjacent subdivisions.
(2)
The minimum street right-of-way width shall be 50 feet.
(3)
All external streets which serve the subdivision shall be maintained
by the Virginia Department of Transportation within the state system.
The size, shape, and orientation of lots shall be appropriate
for the location of the subdivision and the type of development and
use contemplated.
A.
Except as provided herein, residential lots for single-family detached
dwellings shall have a minimum width at the setback line of 80 feet.
All lots shall have an average depth of at least 100 feet. All buildings
built in any subdivision shall not be constructed closer than 35 feet
to the adjacent edge of any street, or 15 feet from the boundary of
the lot or parcel upon which the structure is to be built.
B.
Side lot lines shall be substantially at right angles or radial to
the street.
C.
The subdividing of land shall be such as to provide each lot with
access to a street.
D.
For subdivisions containing all lots greater than five acres, the
subdivider will not be required to show on-site water and sewer and
will not be required to show the minimum building setback line on
each lot; however, there shall be shown on the plat notes setting
forth that these lots have not been evaluated for on-site water and
sewer and notes setting forth that the minimum building setback is
35 feet from the road right-of-way and 15 feet from side and back
lot lines. Plats for subdivisions containing all lots greater than
five acres may show lots at a minimum scale of 200 feet to the inch,
provided all other survey and mapping requirements are met.
A.
Lot size. Lot sizes shall be of such size as herein required and
as necessary to accommodate all buildings and structures, any well
or on-site water system and any on-site sewage disposal system. Additionally,
the Administrator may, in accordance with recommendations of the Health
Officer, require that such minimum lot sizes be increased. These recommendations
shall be submitted to the Administrator, in writing, either by notations
on the plat or by letter. The Health Officer shall be guided by appropriate
tests in determining the area required for the sanitary and safe disposal
of septic tank effluent. Wells, septic systems, or other water and
wastewater disposal systems are not required to be located on the
same lot as the building to be served by such well and septic system;
however, easements must be shown on the plat from the water or waste
disposal system to the lot being served by such water or waste disposal
system. Property is deemed to be served by public water or public
sewer if public water or public sewer is available to the property.
All owners of property deemed to be served by public water or public
sewer shall comply with the connection requirements of the Carroll
County Public Service Authority.
(1)
Public water and public sewer. Residential lots served by both public
water and public sewer systems shall be an average of 80 feet or more
in width at the setback line and 15,000 square feet or more in area.
(2)
Public water or public sewer. Residential lots served by only one
of public water or public sewer systems shall be an average of 100
feet or more in width at the setback line and 17,500 square feet or
more in area.
(3)
Neither public water nor public sewer. Residential lots served by
neither public water nor public sewer systems shall be an average
of 100 feet or more in width at the setback line and 0.75 acre or
more in area.
(4)
If sewage disposal is to be provided by any means other than by public
sanitary sewer, the plats submitted under this chapter shall designate
a location for all buildings, residences and accessory structures,
and shall designate the location of the water source and wastewater
disposal facilities for each and every lot. No buildings or other
structures may be constructed in or on the area in each such lot designated
for wastewater disposal facilities, and each such area shall reserve
a 50% reserve area for the construction of a replacement facility,
should the first facility fail or prove inadequate.
(5)
A tolerance of 5% on a total number of lots may be permitted by the
Administrator.
B.
Clustering. The Administrator may approve a subdivision plan which
reduces the minimum lot size as herein required in order to cluster
residences or commercial structures (together "units") in an effort
to preserve open space. Any application filed hereunder shall contain
a plan of development (POD) of the entire parcel(s) submitted for
approval. Any change to the POD shall not be permitted except upon
specific approval by the Administrator. Such subdivision plan shall
only be approved upon a specific finding by the Administrator that
approval thereof will not injure public health, safety of public welfare,
and only under the following express requirements, which cannot be
waived or modified:
(1)
All lots and the buildings constructed or to be constructed in the
POD will be served by public water and sewer, whether publicly or
privately owned and such systems shall be constructed to the standards
of the PSA, the State Health Department and the Virginia Department
of Environmental Quality, as applicable;
(2)
All lots and the buildings thereon will be served by public roads
or private roads, constructed to the standards of the Virginia Department
of Transportation ("VDOT"); provided, however, that the Administrator
may permit that the grade of any road within the POD adjusted outside
of VDOT standards by no more than 4%;
(3)
Sidelines for units constructed in the POD may be waived and common
walls permitted;
(4)
Setbacks may be reduced to 15 feet, and buildings may be staggered;
(5)
There shall be open space in the POD in a minimum acreage of 15%
of the total acreage of the POD parcel(s) or two acres, whichever
is greater. Nothing may be constructed on this open space except for
common facilities to be used by owners of the units or the public
such as swimming pools, tennis courts, walking paths, etc. The open
space shall not be hereafter further subdivided or transferred;
(6)
Density of the units on that portion of the POD planned for construction
of units shall not exceed five units per acre; and
(7)
All utilities not accepted for operation by the PSA, all roads not
accepted for maintenance by VDOT, all facilities constructed for use
by the owners of the units or the public and the open space shall
be owned, maintained and operated by a homeowners' association
established by the developer of the POD and controlled by the owners
of the units in the POD under a written homeowners' agreement.
The developer shall construct such amenities, including the roads
and utilities and maintain them until 75% of the units in the POD
have been sold at which time the developer shall establish the homeowners'
association and then transfer the utilities, roads and open space
to such association.
C.
Recreational vehicle developments. The Administrator may approve
a subdivision plan which reduces the minimum lot size as herein required
in order to cluster individual lots for sale as part of a development
designed for the temporary occupancy of recreational vehicles, provided
that sufficient open space is preserved. "Recreational vehicle" shall
mean any private self-propelled motor vehicle equipped with facilities
for eating and sleeping, with a normal seating capacity of not more
than 10 persons, including the driver, designed primarily for use
as living quarters for human beings. Any application filed hereunder
shall contain a plan of development (POD) of the entire parcel(s)
submitted for approval. Any change to the POD shall not be permitted
except upon specific approval by the Administrator. Such subdivision
plan shall only be approved upon a specific finding by the Administrator
that approval thereof will not injure public health, safety of public
welfare, and only under the following express requirements, which
cannot be waived or modified:
(1)
All lots, buildings and recreational vehicles to be located in the
POD will be served by public water and sewer, whether publicly or
privately owned and such systems shall be constructed to the standards
of the PSA, the State Health Department and the Virginia Department
of Environmental Quality, as applicable;
(2)
All lots and the buildings thereon will be served by roads, which
need not be required to meet VDOT requirements, but shall meet the
following requirements:
(a)
The minimum street right-of-way shall be 40 feet in width;
(b)
The roadway shall be constructed within the street right-of-way
and shall be a minimum of 18 feet in width, exclusive of shoulders
and side ditches. Shoulders shall be a minimum of two feet with ditches
at least two feet in width and one foot in depth. Drainpipes shall
be installed where appropriate to control water runoff;
(c)
Roadbed construction shall consist of six inches of stone or
base material. If stone is used, the stone shall be a minimum of three-fourths-inch
crusher run stone. The roadbed shall be free of all decaying organic
material such as stumps, trees, or brush before road construction
is to begin. Road grade shall not exceed 16% as calculated pursuant
to VDOT standards and all roads constructed above 14% shall be paved
over the required stone or base material with a minimum of three inches
of asphalt, and shall not exceed 200 feet in length before leveling
out;
(d)
The developer must disclose, in its marketing material and by
written notice to purchasers, which shall be acknowledged in writing
at closing, and by reference in the deed of conveyance, the exact
type of right-of-way, street or road, including the method of maintenance
and whose responsibility it is to maintain the same or if left wholly
to the purchasers to maintain. A road profile shall be submitted at
the time of submission of the preliminary plat in such form and nature
to allow the Administrator to determine compliance with these provisions,
and the Administrator, or its agent, shall be notified when the street
is under construction and shall have the right, but not the obligation,
to inspect.
(e)
On any plat in which the streets are not to be constructed to
VDOT standards and taken into the VDOT system such plat and all deeds
conveying any parcel in such subdivision shall contain the following
statement: "The streets in the subdivision do not meet state standards
and will not be maintained by the Department of Transportation or
any locality." These statements must be in type as large or larger
than the main body of the deed and must be included in each subsequent
deed of conveyance.
(f)
In the layout of streets, the subdivider shall comply with the
following:
[1]
Streets within and contiguous to the subdivision shall be coordinated
with other existing or planned streets within the general area as
to location, widths, grades and drainage; including planned streets
in existing or future adjacent or contiguous to adjacent subdivisions.
[2]
All external streets which serve the subdivision shall be maintained
by the Virginia Department of Transportation within the state system.
(3)
The design of the POD shall provide for a minimum distance of 15
feet between the outer perimeter of each individual recreational vehicle
lot and the recreational vehicle to be located thereon, and the POD
shall specifically designate the location on each proposed lot where
each recreational vehicle may be parked or located;
(4)
Each individual recreational vehicle lot shall have a minimum of
25 feet of frontage on an internal street;
(5)
There shall be open space in the POD in a minimum acreage of 25%
of the total acreage of the POD parcel(s) or two acres, whichever
is greater. Nothing may be constructed on this open space except for
common facilities to be used by owners of the lots or the public such
as swimming pools, tennis courts, walking paths, etc. The open space
shall not be hereafter further subdivided or transferred;
(6)
Density of the lots on that portion of the POD planned for construction
of structures or placement of recreational vehicles shall not exceed
five lots or five recreational vehicles per acre; and
(7)
All utilities not accepted for operation by the PSA, all roads not
accepted for maintenance by VDOT, all facilities constructed for use
by the owners of the lots or the public and the open space shall be
owned, maintained and operated by a property owners' association
established by the developer of the POD and controlled by the owners
of the individual lots in the POD under a written property owners'
agreement. The developer shall construct such amenities, including
the roads and utilities and maintain them until 75% of the units in
the POD have been sold at which time the developer shall establish
the property owners' association and then transfer the utilities,
roads and open space to such association.
Family subdivisions, as defined in § 216-4, shall comply with the following requirements:
A.
A plat of such subdivision shall be made, approved and recorded as
herein provided except that the agent may approve such plat without
submitting the same to the Administrator. All streets to serve the
parcel herein shall be shown upon the plat and have no less than 20
feet right-of-way in width but need not be planned or constructed
in accordance with Virginia Department of Transportation standards
unless such street is to serve more than three parcels in which event
it shall be designed in accordance with Virginia Department of Transportation
standards except as to width. Any street within family subdivisions
that are not constructed to the standards of the Virginia Department
of Transportation are not eligible to be maintained by the Department
of Transportation.
B.
Only one such division shall be allowed per family member as defined
herein. Any lot created or transferred to such family member must
not be for the purpose of circumventing this chapter and must be retained
by the family member for a minimum period of two years after conveyance
and not be sold or transferred to a non-family member within that
period without the express written permission of the Administrator
which permission shall only be given after following the same provisions,
and applying the same standards, as herein required for the granting
of a variance. All other requirements of this chapter shall apply
to the lot created.
A.
Permanent reference monuments shall be installed by the subdivider
and shall meet these minimum specifications. Upon completion of subdivision
streets and other improvements, the subdivider shall make certain
that all monuments required by the Administrator are clearly visible
for inspection and use.
B.
All corners shall be marked with iron not less than 1/2 inch in diameter
and 24 inches long and driven so as to be flush with the finished
grade.
In addition to design standards established herein, all subdivision
plats shall comply with all applicable laws, ordinances, rules and
regulations, including the following, as they may be applicable:
A.
The provisions of Title 15.2, Chapter 22, Article 6, of the Code
of Virginia 1950, as amended.
B.
The Carroll County Code.
C.
Title 32.1 of the Code of Virginia and the rules of the State Health
Department.
D.
The rules of the Virginia Department of Transportation relating to
the location and construction of roads and the safe access of lots
and roads to existing state-maintained roads and highways.
In all subdivisions, due regard shall be given to the preservation
of natural features, such as large trees, natural rock outcroppings,
and watercourses, and historical and other features, including cemeteries.
A.
The General Assembly has determined that the lands and water comprising
the watersheds of the state are great natural resources which are
being adversely affected by rapid shift in land use from agricultural
or nonagricultural uses. The General Assembly found it necessary to
establish and implement the Virginia Erosion and Sediment Control
and the Stormwater Management Laws to control erosion and sedimentation
from land-disturbing activities. In addition to these requirements,
the developer shall comply with the Erosion and Sedimentation Control
Ordinance[1] of Carroll County and approved erosion and sediment drawings
and shall comply with the Stormwater Management Ordinance of Carroll
County or state law.
B.
Erosion and sedimentation plan required. Where required by the Erosion
and Sedimentation Control Ordinance, at the time of filing the final
plat, an erosion and sedimentation control plan approved by the Carroll
County Plan Approving Authority shall also be filed in accordance
with the provisions of the Virginia Erosion and Sedimentation Control
Handbook.
C.
Stormwater management plan required. When required by the Stormwater
Management Ordinance or applicable state law, at the time of filing
the final plat, an approved stormwater management plan shall also
be filed in accordance with the provisions of the Virginia Stormwater
Management Regulations.
The subdivider or developer shall, at his expense, install street
and utility improvements and other improvements indicated on the plat.
The installation of adequate fire hydrants in a subdivision at locations
approved by the agent may be required, provided the necessary public
water is available. Where public water and/or sewer are available,
the service shall be extended to all lots within the subdivision at
subdivider or developer's expense. The cost of engineering design,
checking, drafting and field inspection is to be borne by the subdivider
or developer and performed under the control and subject to the approval
of the PSA.
Improvements shall be provided as follows:
A.
A drainage system shall be provided to ensure adequate drainage of
surface water and stormwater. The system shall be constructed and
installed in accordance with plans and specifications approved by
the E&S Administrator.
B.
Where a public sanitary sewage system is reasonably accessible, as
determined by the rules and regulations of the Carroll County Public
Service Authority, the subdivider shall connect therewith and shall
provide a connection for each lot. Construction of such sanitary sewer
system shall be in accordance with the rules and regulations of the
Carroll County Public Service Authority shall be constructed under
the control and supervision of the PSA. The PSA may accept ownership
and control of the system upon completion, without charge.
C.
Fire hydrants shall be installed where a public water system is provided.
The purpose of this section is to insure the appropriate and
timely completion of improvements made in connection with a subdivision,
to provide resources to complete such improvements when the subdivider
fails to provide them, to insure that once accepted, the improvements
are not defective, and to provide for the maintenance of roads until
they are finally accepted into the state highway system.
A.
Before any subdivision plat will be finally approved, the subdivider
shall construct all required public improvements in accordance with
the approved plans and all applicable state and local requirements.
B.
In lieu of construction, a performance agreement or performance agreements
shall be executed between the County and all parties to the subdivision.
The agreement or agreements shall be on forms supplied by the agent
and shall provide that all improvements required and all improvements
shown on the final plat of subdivision shall be completed within 24
months from the date of approval. This provision includes the construction
of roads and, if required by this chapter, their acceptance into the
state highway system. All performance agreements shall require approval
as to form by the County Attorney.
(1)
Any performance agreements shall contain release provisions governing
the complete and partial release of any escrow or letter of credit
or other performance guarantee. The release provisions shall provide
for the complete or partial release of the performance guarantee within
30 days after receipt of written notice by the subdivider of completion
of part or all of any facility required to be constructed, unless
the governing body notifies the subdivider in writing of any specified
defects or deficiencies in construction and suggests corrective measures
prior to the expiration of said thirty-day period; however, the governing
body shall not be required to release any performance guarantee in
an amount to exceed 90% of the actual cost of construction for which
the guarantee was taken until such facilities have been completed
and accepted by the governing body or state agency. No periodic release
shall occur prior to the completion and acceptance of at least 30%
of the facility in question, and no more than three such releases
shall be made in any twelve-month period.
(2)
The performance agreement shall be accompanied by surety in an amount
sufficient to provide for the improvements identified in the performance
agreement. Surety shall consist of either a certified check or cash
escrow in the amount of the estimated costs of construction or a bank
or savings and loan association's letter of credit on certain
designated funds in the amount of the estimated cost of construction,
said letter of credit to be approved by the County Attorney.
C.
Upon completion of the required improvements, they shall be inspected
and approved for acceptance. "Acceptance" shall mean the time when
the improvements required hereunder have been accepted by the Administrator
or other public agency which is responsible for maintaining and operating
such improvement or public facility upon acceptance.
D.
In the event the governing body has accepted the dedication of any
street for public use and such street due to factors other than its
quality of construction, is not acceptable into the state highway
system, the subdivider shall furnish to the governing body a maintenance
and indemnifying agreement with surety in the form of a bank or savings
and loan association's letter of credit or a certified check
or cash escrow in an amount sufficient for and conditioned upon the
maintenance of each street until such time as it is accepted into
the state highway system.
E.
Whenever the improvements required by an approved final subdivision
plat and identified in a performance agreement executed under this
section have not been completed within the time limits established
for such completion, the agent shall move to obtain the funds or property
provided as security under such agreement and shall cause such improvements
to be completed. If any funds remain after all improvements are completed
and accepted with all necessary fees paid, and no defects are found
therein which must be repaired, such funds shall be returned to the
subdivider. If the funds available from the surety are not sufficient
to complete the improvements, the agent shall proceed to secure such
funds from the subdivider. In unusual cases where the agent finds
that substantial progress has been made towards the completion of
the improvements prior to the expiration of the limit and where the
agent finds that factors (other than general economic conditions)
beyond the control of the subdivider have contributed substantially
to delay, and where the agent finds that the improvements could be
completed within an additional twelve-month period, the agent may
execute a new performance agreement requiring completion of all improvements
within a twelve-month period. Such agreement shall comply with all
provisions of this section and shall be accompanied by the required
surety. The amount of the surety shall be adjusted to take into account
the actual cost of the work remaining to be done and shall take into
account any inflation in such costs. Once the time limit for completion
of improvements has been extended through the execution of a new performance
agreement, they shall not thereafter again be extended.
