1301.01. General requirements. The following general design requirements shall apply to all subdivisions, with the exception of family divisions and reconfigurations:

1.

Land subject to flooding, improper drainage, or erosion, or which is for topographical, geological or other reasons unsuitable for residential use shall not be platted for residential use nor for any other uses that will increase the danger to health, safety, or property destruction, unless the hazards can be and are corrected;

2.

The name of the subdivision must have the approval of the commission. The name shall not duplicate nor closely approximate the name of an existing subdivision;

3.

Street names shall require the approval of the commission. Road signs shall be constructed to county specifications and installed by the county. All associated costs shall be borne by the subdivider;

4.

All proposed subdivisions shall conform to the county comprehensive plan and development policies in effect at the time of submission to the commission.

1301.02. Street requirements. The design of state maintained streets shall meet the following requirements:

1.

All location, geometric design and construction of streets within a subdivision shall be in accordance with the following regulations and plans, where applicable, and shall be approved by the resident engineer:

a.

The subdivision street requirements and other applicable regulations of the highway department;

b.

The county's current six-year highway improvement plan;

c.

The current transportation plan for the Lynchburg urbanizing area and adopted by the board of supervisors and the Central Virginia Transportation Planning Council; and

d.

The county's comprehensive plan.

2.

Additional street design requirements for state maintained streets:

a.

Existing streets right-of-ways shall be continued at the same or greater width, but in no case shall the right-of-way of any subdivision street be less than fifty (50) feet in width;

b.

Street intersections shall be as nearly at right angles as possible with no street intersection being at any angle of less than sixty (60) degrees;

c.

Street intersections with centerline offsets of less than one hundred twenty-five (125) feet shall not be permitted;

d.

Streets shall be reserved at strategic locations to provide for future access to adjoining properties which may be subdivided in the future. Each street connection shall intersect property lines at a ninety (90) degree angle or as otherwise approved by approving authority;

e.

Cul-de-sacs, or dead-end streets, shall be not less than two hundred (200) feet in length. They shall be provided at the closed end with a turnaround of at least sixty (60) feet in radius, unless otherwise approved by the resident engineer for reasons of area traffic volumes or the likelihood of future extensions of the street;

f.

Where a subdivision abuts or contains a U.S. Highway or primary highway as classified by the Virginia Department of Transportation, the zoning administrator may require a street approximately parallel to and on each side of such right-of-way as a combined access drive, having access at suitable points onto such highway;

g.

Subdivisions that adjoin existing streets dedicate additional right-of-way if needed to meet the minimum street width requirements set forth in Section 1301.02(2)(a);

(1)

The entire right-of-way shall be provided where any part of subdivision is on both sides of the existing streets;

(2)

When the subdivision is located on only one (1) side of an existing street, one-half (½) of the required right-of-way, measured from the centerline of the existing roadway, shall be provided;

(3)

When lots in a subdivision abut on one (1) side of any street which has been included in the state system of secondary highways, the subdivider shall be required to dedicate twenty-five (25) feet of right-of-way, as measured from the centerline of the street to the subdivision property line. The subdivider shall not be responsible for grading or surfacing such street;

h.

Half streets shall be prohibited except where essential to the reasonable development of the subdivision in conformity with other requirements of these regulations; where the commission finds it will be practicable to require the dedication of the other half when the adjoining property is subdivided, the other half of the street shall be platted within such tract;

i.

The requirements for providing alleys within a subdivision are as follows:

(1)

No alley right-of-way shall be less than twenty (20) feet in width;

(2)

Alleys shall be provided in commercial and industrial districts, except where other definite and assured provision is made for service access, such as off-street parking, loading and unloading, consistent with and adequate for the uses proposed;

(3)

Alleys shall not be provided in residential subdivisions and development unless the subdivider provides evidence satisfactory to the commission of the need for alleys;

(4)

Alley intersections and sharp changes in alignment shall be avoided, but where necessary corners shall provide sufficient radius to permit safe vehicular movements;

(5)

Dead-end alleys shall be avoided where possible but, if unavoidable, shall be provided with adequate turnaround facilities at the dead end, as determined by the commission.

j.

Street names shall require the approval of the commission. Streets that are obviously in alignment with streets already in existence and already named shall be given the name of the existing street. Names of new streets shall not duplicate or closely approximate those of existing streets;

k.

Any additional right-of-way provided for new streets or along existing streets shall be shown as dedicated to the county.

1301.03. Block lengths and widths. Block lengths and widths shall be determined based on the following requirements:

1.

Blocks shall not be greater than two thousand (2,000) feet nor less than two hundred (200) feet in length, provided, however, the commission may waive this provision when in the judgment of the commission extreme topographic conditions would cause undue hardship if the subdivider complied with this provision;

2.

Blocks shall be wide enough to provide two (2) tiers of lots of minimum depth, except where abutting upon major streets, limited access highways, or railroads or topographical or other situations make this requirement impracticable in which case the commission may approve a single tier of lots of minimum depth;

3.

Blocks intended for nonresidential use shall provide adequate space for service access and off-street parking in accordance with Article VI of this article.

1301.04. Lot design requirements.

1.

Lot areas and dimensions and yard areas shall conform to applicable requirements [of] articles VII and VIII, or, if applicable, subsection 1301.03.

2.

Lots shall not contain peculiarly shaped elongations solely to provide necessary square footage of area or street footage which would be unusable for normal purposes.

3.

In the case of lots for residential purposes, the lot area shall conform to the requirements of Article VIII. The lot area may be greater than the minimum specified if the commission finds that condition of health and/or safety so require, based on recommendations of the health department, or other appropriate agencies.

4.

Double frontage lots should be avoided except where essential to provide separation of residential development from traffic arterials or to overcome specific disadvantages of topography and orientation. A planting screen easement of at least ten (10) feet, and across which there shall be no right of access, shall be provided along the line of lots abutting such a traffic artery or other disadvantageous use.

5.

Drain fields and reserve drain fields must be located within the main body of the lot they serve. Peculiar lot configurations to accommodate drain fields located remotely from the main building site shall not be permitted.

6.

The following regulations shall apply to flag lots, as defined in Section 302.

a.

Must have twenty-five (25) feet of frontage at the front lot line on a public or private street and shall contain the minimum area required by the zoning district without utilizing the area within the elongated portion ("pole") of the lot in such computation of the lot area.

b.

No two (2) elongated portions ("poles") providing access to the street shall abut or adjoin.

c.

Flag lots may be used; however, no more than fifteen (15) percent of the total number of lots within a subdivision shall be flag lots. The commission may increase the total percentage of flag lots due to topographic conditions; however, the total percentage of flag lots cannot exceed twenty (20) percent.

d.

The minimum lot width, as measured at the top of the elongated strip of land ("pole") opposite the front lot line, must meet the requirements for the district.

e.

Front yard setbacks shall be applied at the enlarged area of the lot ("flag") where the lot meets the minimum lot width requirement for the district.

7.

Residential lots shall not derive access exclusively from a U.S. Highway or primary highway as classified by the Virginia Department of Transportation. Where driveway access from such highway may be necessary for several adjoining lots, the zoning administrator may require that such lots be served by a combined access drive to limit traffic hazards on the highway. Parcels served by a combined access derive shall front on a U.S. Highway or primary highway.

1301.05. Environment design requirements. Land to be subdivided shall be laid out and improved in reasonable conformity to existing topography, in order to minimize grading and cut and fill, and to retain, insofar as possible, the natural contours, limit stormwater runoff, and conserve the natural cover and soil. An Erosion and Sediment Control plan must be submitted and approved prior to removal of any topsoil and/or gravel or any grading activity. All grading activity shall be done in accordance with the provisions of the Erosion and Sedimentation Control Ordinance. Calculations shall be submitted as part of the erosion and sedimentation plan which justify the design of run off control measures.

1301.06. Easements. Easements having a minimum width of twenty (20) feet shall be provided as are necessary for utility lines, and underground mains and cables, where appropriate. Where a subdivision is traversed by a watercourse, drainage way, channel or stream, there shall be provided a stormwater drainage easement of adequate width, but not less than eight (8) feet. Parallel streets may be required by the commission in connection therewith.

1301.07. Private streets/forest service road/combined access drive.

A.

Requirements governing subdivisions vary depending on whether the private streets, forest service roads, or combined access drives serving the subdivision are constructed in accordance with subdivision street requirements established by the Virginia Department of Transportation.

1.

For subdivisions served by private streets constructed in accordance with the Virginia Department of Transportation's subdivision street requirements:

(a)

A homeowners' association, deed of easement or other agreement, shall be established to provide for the maintenance of the private streets. The homeowners' association shall include, or the deed of easement or other agreement shall burden, all lots created by the subdivision.

(b)

The homeowners' association agreement, deed of easement or other agreement, shall be submitted contemporaneously with the subdivision plat, and shall be identified as a restrictive covenant thereon. Final approval of the subdivision plat is contingent on the County's approval of the homeowners' association agreement, deed of easement or other agreement.

2.

For subdivisions served by (i) a private street or forest service road, or (ii) all private streets or forest service roads connected to that private street system or forest service road system, which are not constructed in accordance with the Virginia Department of Transportation subdivision street requirements or not otherwise included in the State Secondary Road Maintenance System:

(a)

Each such street or road may provide access to a maximum of five (5) lots all of which shall be ten (10) acres or greater in size, except that an individual parcel which is described on May 2, 2001, by the then most current deed or other instrument conveying an estate in fee, for life, in possession or otherwise shall not be subject to any requirement for acreage size. A lot used for a private club may be subdivided, provided that the lot meets the underlying zoning district minimum yard requirements. This lot shall not be counted in the maximum number of lots associated with the private street system.

(b)

A homeowners' association, deed of easement or other agreement, shall be established to provide for the maintenance of the private street(s). The homeowners' association shall include, or the deed of easement or other agreement shall burden, all lots created by the subdivision.

(c)

The homeowners' association agreement, deed of easement or other agreement, shall be submitted contemporaneously with the subdivision plat and shall be identified as a restrictive covenant thereon. Final approval of the subdivision plat is contingent on the County's approval of the homeowners' association agreement, deed of easement or other agreement.

3.

A combined access drive may be constructed for access to lots that have frontage on a U.S. Highway or primary highway as classified by the Virginia Department of Transportation. A homeowners' association, deed of easement or other agreement, shall be established for the maintenance of the combined access drive, and a copy of the homeowners' association agreement, deed of easement or other agreement, shall be submitted contemporaneously with the subdivision plat and shall be identified as a restrictive covenant thereon. The homeowners' association shall include, or the deed of easement or other agreement shall burden, all lots created by any subdivided parcel that access the combined access drive.

B.

Private streets that are not constructed in accordance with the Virginia Department of Transportation standards shall be privately maintained and shall not be eligible for acceptance into the system of state highways unless improved to current Virginia Department of Transportation standards with funds other than those appropriated by the General Assembly and allocated by the Commonwealth Transportation Board.

C.

All subdivision plats and approved deeds of subdivision, or similar instruments, for subdivisions which include private streets not constructed in accordance with Virginia Department of Transportation standards shall contain a statement explaining that the streets in the subdivision do not meet the standards necessary for inclusion in the system of state highways and will not be maintained by the Virginia Department of Transportation or Amherst County and are not eligible for rural addition funds or any other funds appropriated by the General Assembly and allocated by the Commonwealth Transportation Board.

1301.08. Operating Conditions for Standards for all Businesses operated in the V-1 District.

Limits:

1.

Signage—Total outside one hundred (100) square feet no higher than the building.

2.

Lighting—Directed to stay within lot.

3.

Landscaping—When business adjoins a residentially zoned lot so that a twenty-five (25) feet setback applies, the setback area shall be kept in a well-maintained vegetative state; for example, grass, trees, shrubs.

(Ord. of 7-16-02; Ord. of 1-16-07(1); Ord. of 1-15-08(2); Ord. of 7-15-08(4); Ord. of 7-21-09(1); Ord. No. 2013-0012, § 1, 10-15-13; Ord. No. 2015-0011, § 2, 11-17-15; Ord. No. 2017-0001 § 1, 1-17-17; Ord. No. 2017-0004, § 1, 8-15-17)

The subdivider shall install the following physical improvements at his cost in accordance with the provisions of this ordinance.

1302.01. Markers. Markers shall be installed in accordance with the following provisions:

1.

Markers shall be iron pipes or steel pins five-eighths (⅝) of an inch in diameter and fifteen (15) inches long and driven so as to be flush with grades at all street corners, angles in streets, the beginning and end of all curves in streets at all points where the street intersects the exterior boundaries of the subdivision and all lot corners and angles.

2.

Where rock is encountered, a hole shall be drilled four (4) inches deep, into which shall be cemented a steel rod one-half (½) inch in diameter, the top of which shall be flush with the finished grade line.

1302.02. Water and sewage facilities. Water and sewage facilities shall be provided in all subdivisions and shall adhere to the following requirements:

1.

All public water and sewage facilities shall be constructed in accordance with the current specifications of the Virginia Department of Health, Amherst County Service Authority, or the Town of Amherst, whichever is applicable.

2.

All public water and sewage systems shall be installed at the expense of the subdivider, and where oversized lines or pumping stations are required by the Virginia Department of Health, Amherst County Service Authority, or the Town of Amherst, whichever is applicable, to provide capacity to handle flow originating from outside the subdivision, the subdivider shall install the additional water and sewage facilities as provided for in the current line extension policies of the agency requiring the additional facilities.

3.

Whenever any portion of a parcel or tract proposed to be subdivided is located within one thousand (1,000) linear feet of an existing, centralized public water system and within the designated growth area for public water as shown on the map of designated water and sewer growth areas established by the Board of Supervisors in the Comprehensive Plan, the service shall be extended to all lots within the subdivision by the subdivider or developer. Whenever a parcel or tract proposed to be subdivided is located entirely outside of the designated growth area boundary for public water, the service shall not be extended to any lot(s) within the subdivision. A non-centralized or community water system intended to provide water service to more than one (1) lot, or which is intended to provide water service throughout the subdivision, shall not be permitted.

4.

Whenever any portion of a parcel or tract proposed to be subdivided is located within one thousand (1,000) linear feet of existing, centralized public sewerage facilities and within the designated growth area for public sewer as shown on the map of designated water and sewer growth areas established by the Board of Supervisors in the Comprehensive Plan, the service shall be extended to all lots within the subdivision by the subdivider or developer. Whenever a parcel or tract proposed to be subdivided is located entirely outside of the designated growth area boundary for public sewer, the service shall not be extended to any lot(s) within the subdivision.

5.

Whenever any portion of a parcel or tract proposed to be subdivided is located within the designated growth area for public water and/or sewer as shown on the map of designated water and sewer growth areas established by the Board of Supervisors in the Comprehensive Plan, and greater than one thousand (1,000) linear feet from an existing public water system or existing public sewage system, the Board of Supervisors may require the subdivider to install the appropriate connecting lines as provided for in the current line extension policies of the Virginia Department of Health, Amherst County Service Authority, or the Town of Amherst, whichever is applicable;

6.

Whenever the subdivision is one located outside the designated growth area for public water and/or sewer as shown on the map of designated water and sewer growth areas established by the Board of Supervisors in the Comprehensive Plan the subdivider shall not install public water and or sewer systems.

7.

All water and sewage facilities shall be inspected and approved by the appropriate official in accordance with Section 1204.03(3) herein.

8.

All private waste disposal systems including their reserve areas shall be located on the same property as the building site that the private waste disposal system benefits. Mass drain fields may not be subject to this provision. In no instance shall an on-site sewage system that discharges directly to any body of water be installed. Only subsurface absorption fields may be used for final waste disposal.

9.

When a mass drainfield will be included in a subdivision, the following statements are required:

(I)

For purposes of this ordinance, sewage disposal systems which serve more than one (1) property or meet the following definition, are considered mass drainfields:

A sewage disposal system which will discharge effluent to a single absorption area or multiple areas with or without combined flows such that:

(A)

The loading rate exceeds one thousand two hundred (1,200) gallons per day for any acre, or

(B)

The disposal system contains more than two thousand (2,000) linear feet of percolation piping.

(II)

Any subdivision plat including a mass drainfield serving a land development shall be submitted to and subject to the approval of the Virginia Department of Health (VDH). The director of planning or zoning administrator shall not approve the development of the property in question until the Department of Health has approved the mass drainfield site and dedicated reserve drainfield area(s), and all subsequent provisions of this ordinance are complied with. Off-site primary and reserve mass drainfields may be located in common areas of the subdivision, and mass drainfields shall not be located outside of the tract(s) being subdivided.

(III)

No subdivision plat including a mass drainfield shall be approved unless the plat includes an approved primary drainfield and an approved reserve drainfield or such additional area or appurtenant easement capable of providing one hundred (100) percent of the capacity of such primary drainfield. Each septic tank shall have manhole access to the downstream access portal. The manhole access shall terminate at the ground surface, and shall not be less than thirty (30) inches in diameter. The access manhole cover shall be a standard sanitary sewer manhole frame and lid, or a secured shoebox type cover. Additionally, each septic tank shall have a factory manufactured septic tank effluent filter installed on the outlet tee.

(IV)

No subdivision plat including a mass drainfield shall be approved unless the development is subject to a Covenant of Record in the land records of the Amherst County Circuit Court Clerk's Office, requiring owners of property in the development to connect to a public sewer system should it become available on the property or an immediately adjacent easement or right-of-way at a later date.

(V)

Any subdivision plat including a mass drainfield system shall be limited to the size and capacity required to serve the principal use explicitly described in the permit application and to which the mass drainfield is appurtenant.

(VI)

Any replacement system shall be limited to the size and capacity required to serve the existing principal use, and shall not be further expanded unless and until a revised permit has been approved by the VDH.

(VII)

Prior to construction, the area in which the mass drainfield and reserve drainfield lie shall be dedicated as an easement in perpetuity appurtenant to the lots or parcels upon which the structures to be served are located in accord with the sewage handling regulations of the VDH.

(VIII)

Prior to construction, such easement shall be shown on a plat of survey prepared by a licensed land surveyor, shall be recorded among the land records of Amherst County, and shall be permanently monumented in the field. The plat must clearly state "No shrubbery or trees may be planted on, or within twenty (20) feet of the mass drainfield or reserve drainfield easement," plus "No vehicular traffic is permitted over the mass drainfield, nor can pavement or parking be allowed in this area."

(IX)

Access for sewage conveyance lines to reach the mass drainfield system from the subject properties shall be by way of an easement at least fifteen (15) feet in width and shall be shown on the plat that identifies the primary and reserve drainfield easement; provided, however, that in areas along state-maintained roads the county shall determine the location and width of easements on a case-by-case basis based on the recommendation of the VDH, the Virginia Department of Transportation, and public utility organizations.

(X)

Further, the director of planning or zoning administrator shall not approve the development of the subject property unless the following provisions are made for the perpetual maintenance of the mass drainfield system:

(B)

The developer must incorporate and register with the State Corporation Commission and Real Estate Board a property owner's association responsible for the long term maintenance of the mass drainfield system.

(C)

The by-laws of the association must set forth that the maintenance responsibilities of the association are to provide for the perpetual maintenance and potential replacement of the mass drainfield system, including all septic tanks, waste lines, distribution boxes, drainfield and reserve drainfield areas, and any associated appurtenances. Such maintenance shall include:

1.

Prevention of the planting or establishment of shrubbery or trees within the primary and reserve mass drainfield area, or within twenty (20) feet of the mass drainfield easement.

2.

Prevention of vehicular traffic, parking, or paving over the mass drainfield or reserve drainfield, except for traffic of the mowers or tractors necessary for ground cover maintenance.

3.

Maintenance of a ground cover of grass over the mass drainfield and reserve drainfield area with it being mowed a minimum of twice per year, to prevent the establishment of tree seedlings.

4.

Pumping all septic tanks a minimum of once every five (5) years, to prevent the passage of solids into the mass drainfield and potential damage to the system.

5.

Prevention of the placement of any structures, including temporary ones, within the mass drainfield system easement.

6.

Promptly repairing or replacing any of the mass drainfield system components which fail, or otherwise cease to function.

(XI)

The developer shall provide to the director of planning or zoning administrator, copies of the recorded Subdivision Declaration, the Certificate of Incorporation of the property owners association and proof of registration thereof with the Commonwealth of Virginia Real Estate Board, and copies of the operations and maintenance contract and bond, within thirty (30) days of the development's approval.

(Ord. of 7-18-06(5); Ord. of 1-15-08(2); Ord. of 7-15-08(3))

1303.01. Where features of the county comprehensive plan, such as school sites, parks, and other public spaces are located in whole or in part in a proposed subdivision such features shall be reserved by the subdivider. Whenever such reserved land, or any portion thereof, is not acquired, optioned, or condemned by the appropriate public agency within a one (1) year period from the date of recording the subdivision, the subdivider may claim the original reservation, or portion thereof, and cause it to be subdivided in a manner suitable to the subdivider subject to the provisions herein. The commission may waive this reservation requirement whenever the public body responsible for land acquisition executes a written release stating that such a planned feature is not being acquired.

1303.02. Whenever the plat proposes the reservation of land to public use and the commission or the appropriate agency finds that such land is not required or suitable for public use, the commission may either refuse to approve said plat or it may require the arrangement of lots within such land.

1304.01 Intent. Mixed Use/Traditional Neighborhood District Subdivisions allow the development of urban neighborhoods that produce new development consistent with the patterns of historic or traditional parts of Amherst County, with appropriate civic space; or provide for the recreation of neighborhoods that follow the patterns of traditional towns within the region. Approval of a MU/TND subdivision requires submission of a specific plat subject to the following standards.

1304.02 Subdivision Standards. MU/TND subdivisions shall comply with the standards and requirements of Article XIII of Appendix A, County Code, subject to the following standards and variations:

1.

The overall density of the subdivision complies with the MU/TND Zoning District in accordance with subsection 711.09. A subdivider may apply for a rezoning simultaneously with the plat approval process.

2.

All streets within a MU/TND subdivision shall connect to other public streets within the District.

3.

All streets and alleys within a MU/TND shall be public streets designed and constructed according to VDOT standards for subdivision street design.

4.

Articles of incorporation and/or covenants for a homeowners' association or other provision assuring maintenance or operation of all common spaces shall be submitted with subdivision application.

(Ord. No. 2011-0008, § 3, 12-20-11)