DESIGN STANDARDS AND REQUIREMENTS
The design standards and requirements of this article shall apply to all subdivisions and developments, unless specified otherwise herein, and all applications for subdivision approval and all site plan applications shall comply with such standards and requirements.
1301.01. General requirements. The following general requirements shall apply:
a.
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.
b.
The name of a subdivision must have the approval of the council. The name shall not duplicate nor closely approximate the name of an existing place name.
c.
Access to a subdivision shall be provided over a public street.
1301.02. Street requirements.
a.
All new streets shall be platted according to the requirements of this Land Development Ordinance, and according to the standards of VDOT including those regarding noise abatement.
b.
Existing streets that are continued, shall have a minimum pavement width of 30 feet and shall be constructed to specifications of Virginia Department of Transportation, at the same or greater width, but in no case less than the required width specified in section 1301.02(j).
c.
Minor streets shall be so laid out as to discourage their use by through traffic.
d.
Streets shall be reserved at strategic locations to provide for future access to adjoining properties.
e.
Street names shall require the approval of the zoning administrator. 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.
f.
Where a development or subdivision abuts or contains a railroad right-of-way or a nonaccessible street, which shall include any limited access highway or major streets, or any street with a proposed future right-of-way width of 65 feet or greater, or any street on the state system of primary highways, the council may require a street approximately parallel to and on each side of such right-of-way either as a marginal access street, or at a distance suitable for an appropriate use of intervening land, with a nonaccess reservation suitably planned. Due regard should be given requirements for approach grades and future grade separations in determining distances. Residential lots shall have access only to secondary streets; the council may require through lots.
g.
Alleys shall not be provided in any subdivision.
h.
No street right-of-way shall be less than 50 feet in width; additional right-of-way may be required by the town engineer for proper construction or due to traffic conditions.
i.
Street intersections shall be as nearly at right angles as possible with no street intersection being at any angle of less than 60 degrees.
j.
Developments or subdivisions that adjoin existing streets shall dedicate additional right-of-way if needed to meet the minimum street width requirements set forth in section 1301.02(b).
1.
The entire right-of-way shall be provided where any part of the development or subdivision is on both sides of the existing streets.
2.
When the development or subdivision is located on only one side of an existing street, one-half of the required right-of-way, measured from the centerline of the existing roadway, shall be provided.
3.
When lots abut on one side of any street which has been included in the town or State System of Highways, the developer or subdivider shall be required to dedicate 25 feet of right-of-way, as measured from the centerline of the street to the property line.
k.
New streets in any subdivision or development shall have sidewalks, curbs and gutters on both sides of the street. Where a lot being subdivided or developed fronts on an existing street, and adjacent property on either side has existing sidewalk, curbs and/or gutters the town requires the dedication of land for, and construction of, a sidewalk, curb and gutter on the property being subdivided or developed, to connect to the existing sidewalk, curb and gutter. Sidewalks shall be a minimum of six (6) feet wide in business zones and five (5) feet wide in all others.
l.
Geometric design of streets shall be in compliance with the requirements of VDOT, or as approved by the town engineering department.
1301.03. Land requirements for community facilities. Land for open spaces and other community facilities shall be provided in accordance with the following requirements:
a.
Open spaces suitably located and of adequate size for parks, playgrounds, or other recreational purposes shall be provided; and, if not dedicated to the public or conveyed to the town council, such land shall be reserved for the common use of all property owners by covenant in the deeds. The amount of such land shall be a percentage of the gross area for each proposed density of land use in the subdivision. The basis for determining open space shall be one percent of gross site area for each dwelling unit per acre of density, provided that no common open space need be provided for subdivisions of less than four dwelling units per acre density.
b.
The open space required in large subdivisions shall not be grouped into large areas, but shall be so located as to provide easy access to all lots within a subdivision. Streams, lakes and other watercourse areas may be considered as part of the open space, provided reasonable access and physical use of the proposed open space area for recreation can be had.
c.
If the size of area to be provided is not of an adequate size that would make it usable for public purposes, payment shall be made to the town in lieu of the establishment of land area for recreational purposes equal to five percent of the market value of the gross area of any tract to be subdivided or developed, to be submitted with the final plat.
d.
The approval by town council of a preliminary subdivision plat shall be deemed to constitute the acceptance by the council of any park, playground, or other public land shown on the final plat. Council may also require the filing of written agreements between the subdivider and the council covering future title, dedication, and the development, equipment and maintenance of any park or playground area.
e.
Easements having a minimum width of 20 feet shall be provided as is necessary for utility lines, and underground mains and cables. Where traversed by a watercourse, drainageway, channel or stream, there shall be provided a private stormwater drainage easement of adequate width, but not less than ten feet. Parallel streets may be required by the council in connection therewith.
1301.04. Block lengths and widths. Block lengths and widths shall be determined based on the following requirements:
a.
Blocks shall not be greater than 1,200 feet nor less than 400 feet in length.
b.
Blocks shall be wide enough to provide two tiers of lots of minimum depth, except where abutting upon major streets, limited-access highways, or railroads or where other situations make this requirement impracticable in which case the council may approve a single tier of lots of minimum depth.
c.
Blocks designed for nonresidential use shall provide adequate space for service access and off-street parking.
1301.05. Lot design requirements.
a.
Lot areas, dimensions and yard areas shall conform to applicable requirements of articles VI and VII.
b.
Lots shall not contain peculiarly shaped elongations, solely to provide necessary street frontage or square footage of area which would be unusable for normal purposes.
c.
Every lot shall front on a street, and the side lines of lots shall be approximately at right angles, or radial to the street line unless otherwise approved.
d.
In the case of lots for residential purposes, the building setback shall conform to the requirements of zoning ordinance. The building setback line shall be at greater distance than the minimum specified in the zoning ordinance if the zoning administrator finds that conditions of health and/or safety so require.
e.
Where any lot has abrupt topography which renders that portion of the lot unusable for the purpose specified, lot area requirements shall exclude all such affected land.
f.
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 feet, and across which there shall be no right of access, shall be planted by the developer along the line of lots abutting such a traffic artery or other disadvantageous use.
1301.06. Environmental design requirements. The following environmental design requirements shall be adhered to insofar as practicable:
a.
Existing features which would add value to development, or natural or manmade assets to the town, such as trees, watercourses and falls, vistas, historic spots, historic or architecturally significant buildings, and similar irreplaceable assets, should be preserved, insofar as possible, through harmonious and careful design.
b.
Land 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, and natural vegetation, limit stormwater runoff, and conserve the natural cover and soil. No topsoil, sand or gravel shall be removed, except in accordance with the provisions of the erosion and sedimentation control ordinance.
(Ord. No. 08-21, § 1, 9-23-2008; Ord. No. 12-4, § 1, 6-12-2012)
The developer or subdivider of any property shall install the following physical improvements at his cost in accordance with the provisions of this Land Development Ordinance.
1302.01. Survey markers. Markers shall be installed in accordance with the following provisions:
a.
Survey markers shall be iron or steel pins a minimum of one-half inch in diameter, and 15 inches long and driven so as to be flush with finished 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, all lot corners and angles, all points where the lot lines intersect the right-of-way along street curves and all points where street rights-of-way cross municipal boundaries. All markers must be in place when the street is dedicated to the town.
b.
Where rock is encountered, a hole shall be drilled four inches deep, into which shall be demented a steel rod one-half inch in diameter, the top of which shall be flush with the finished grade line.
c.
A copy of as-built street, sewer and water plans shall be provided to the town and placed in the office of the town engineer.
1302.02. Water and sewer facilities. Water and sewer facilities shall be constructed by the developer or subdivider in conformance with the following requirements:
a.
All water and sewer pipes constructed shall be installed at the expense of the developer or subdivider, provided that where larger pipes are required to provide capacity to handle flow originating from outside the development, or where the development requires enlargement or extension of existing pipes, the developer or subdivider shall pay a pro rata share of the total construction cost.
b.
All sewers shall be constructed in accordance with the town sewer plans and design specifications on file in the town engineer's office.
c.
Sewer and water lines shall be inspected by the town engineering department for compliance with the requirements of this Land Development Ordinance.
d.
Individual water or sewage disposal facilities may be installed provided that public water or sewage disposal facilities are unavailable. Where installed, the developer or subdivider shall provide sufficient information to allow the determination that each lot is suitable for individual sewage disposal, and that each lot has a safe and adequate water supply, as evidenced by the written approval of the health department as provided in section 1204.04.
1302.03. Streets, sidewalks and drainage. Streets, sidewalks and drainage facilities shall be constructed by the developer or subdivider in accordance with the following requirements:
a.
Extensions of existing streets or new streets shall be constructed of asphalt concrete pavement before being opened to the public. In lieu of completion of pavement, a bond or surety shall be provided as in section 1204.04(f) of this Land Development Ordinance.
b.
Concrete sidewalks at least 4 1/2; feet in width shall be provided by the subdivider/developer of all new streets or the extension of existing streets or development of nonmaintained streets in all districts excluding one single family or duplex residence on an existing street, and shall be in accordance with VDOT and Town of Bedford standards.
c.
Concrete curbs and gutters shall be provided for new streets, and existing streets and shall be in accordance with VDOT standards.
d.
Street identification signs approved by the zoning administrator shall be installed at all street intersections.
e.
All street and drainage improvements shall be inspected and found in compliance with requirements of this Land Development Ordinance and standards of VDOT, including those regarding noise abatement, and the Virginia Erosion Control and Sedimentation handbook, as evidenced by the approval of the town engineer, as provided in section 1204.04.
f.
Street trees shall be installed as provided in section 809 of this Land Development Ordinance.
g.
The Town of Bedford may impose taxes or assessments upon the owners of abutting property for constructing, improving, replacing or enlarging the sidewalks upon existing streets, for improving and paving existing alleys, and for the construction or the use of sanitary or stormwater management facilities, retaining walls, curbs and gutters. Such taxes or assessments may include the legal, financial or other directly attributable costs incurred by the locality in creating a district, if a district is created, and financing the payment of the improvements. No tax or assessment for retaining walls shall be imposed upon any property owner who does not agree to such tax or assessment.
1302.04. Other improvements.
a.
Where outdoor recreation facilities are provided in connection with common open space, they shall be of a design and construction approved by the zoning administrator.
b.
Where the developer or subdivider wishes to plant trees between the pavement edge and the adjacent right-of-way lines, he shall first confer with the town to determine the side of the street on which the utility pole line for power, street lights and telephone will be located. On the side of the street on which the utility pole will be placed the trees shall be limited to those not exceeding 25 feet in matured height (for example, dogwoods, crepe myrtles, etc.). On the opposite side of the street the type of trees will not be limited.
c.
The town may require payment by a subdivider or developer of land of the pro rata share of the cost of providing reasonable and necessary sewerage, water, drainage facilities, street improvements, etc., located outside the property limits of the land owned or controlled by the subdivider or developer but necessitated or required, at least in part, by the construction or improvement or development; however, no such payment shall be required until such time as the governing body or a designated department or agency thereof shall have established a general sewer, water, drainage, street improvement program, etc., for an area having related and common sewer, water, drainage conditions, street, etc., and within which the land owned or controlled by the subdivider or developer is located. Current operation, maintenance and future capital improvements may be used as the standards to determine the proportionate share of total estimated cost of ultimate sewerage, water, drainage facilities, street improvements, etc., required to adequately serve a related and common area, when and if fully developed in accord with the adopted comprehensive plan, that shall be borne by each subdivider or developer within the area. Such share shall be limited to the proportion of such total estimated cost which the increased sewage flow, water flow, and/or increased volume and velocity of stormwater runoff, and/or pedestrian and/or vehicular traffic to be actually caused by his subdivision or development bears to total estimated volume and velocity of such sewage, water, and/or runoff and/or traffic from such area in its fully developed state.
Each such payment received shall be expended only for the construction of those facilities, identified in the established sewer, water, drainage, street program, etc.; however, in lieu of such payment the governing body may provide for the posting of a personal, corporate or property bond, cash escrow or other method of performance guarantee satisfactory to it conditioned on payment at commencement of such construction. The payments received shall be kept in a separate account for each of the individual improvement programs until such time as they are expended for the improvement program.
1302.05. Flood hazard district. Within the flood hazard district as delineated in article VI, section 611.05, the following additional provisions shall be met:
a.
All electric water heaters, electric furnaces and other critical electrical installations shall be permitted only at elevations at or above the level of the 100-year floodplain.
b.
Water supply systems, sanitary sewage systems, and gas and oil supply systems shall be designed to preclude infiltration of floodwaters into the systems and discharges from the systems into floodwaters.
c.
Adequate drainage shall be provided to minimize exposure to flood heights.
1302.06. Electrical facilities.
a.
All new electrical, cable television, telephone lines, etc., shall be buried in cables underground, except in cases when existing utilities are already located overhead, in which case additional new utilities may also be located overhead. In addition, street lighting shall also be provided at the expense of the subdivider/developer and shall be of a design compatible with the ornamental downtown street lights in residential and business districts, and a design compatible with Bedford Elementary School for CLI Commercial/Light Industry and M-1 Manufacturing Districts. Such fixtures, poles, mountings, etc., shall be approved by the town electric department.
b.
All electrical, cable and telephone lines, etc., shall be inspected by the town electrical department for compliance with the requirements of this Land Development Ordinance.
(Ord. No. 08-21, § 2, 9-23-2008; Ord. No. 25-1, § 10, 1-14-2025)
DESIGN STANDARDS AND REQUIREMENTS
The design standards and requirements of this article shall apply to all subdivisions and developments, unless specified otherwise herein, and all applications for subdivision approval and all site plan applications shall comply with such standards and requirements.
1301.01. General requirements. The following general requirements shall apply:
a.
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.
b.
The name of a subdivision must have the approval of the council. The name shall not duplicate nor closely approximate the name of an existing place name.
c.
Access to a subdivision shall be provided over a public street.
1301.02. Street requirements.
a.
All new streets shall be platted according to the requirements of this Land Development Ordinance, and according to the standards of VDOT including those regarding noise abatement.
b.
Existing streets that are continued, shall have a minimum pavement width of 30 feet and shall be constructed to specifications of Virginia Department of Transportation, at the same or greater width, but in no case less than the required width specified in section 1301.02(j).
c.
Minor streets shall be so laid out as to discourage their use by through traffic.
d.
Streets shall be reserved at strategic locations to provide for future access to adjoining properties.
e.
Street names shall require the approval of the zoning administrator. 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.
f.
Where a development or subdivision abuts or contains a railroad right-of-way or a nonaccessible street, which shall include any limited access highway or major streets, or any street with a proposed future right-of-way width of 65 feet or greater, or any street on the state system of primary highways, the council may require a street approximately parallel to and on each side of such right-of-way either as a marginal access street, or at a distance suitable for an appropriate use of intervening land, with a nonaccess reservation suitably planned. Due regard should be given requirements for approach grades and future grade separations in determining distances. Residential lots shall have access only to secondary streets; the council may require through lots.
g.
Alleys shall not be provided in any subdivision.
h.
No street right-of-way shall be less than 50 feet in width; additional right-of-way may be required by the town engineer for proper construction or due to traffic conditions.
i.
Street intersections shall be as nearly at right angles as possible with no street intersection being at any angle of less than 60 degrees.
j.
Developments or subdivisions that adjoin existing streets shall dedicate additional right-of-way if needed to meet the minimum street width requirements set forth in section 1301.02(b).
1.
The entire right-of-way shall be provided where any part of the development or subdivision is on both sides of the existing streets.
2.
When the development or subdivision is located on only one side of an existing street, one-half of the required right-of-way, measured from the centerline of the existing roadway, shall be provided.
3.
When lots abut on one side of any street which has been included in the town or State System of Highways, the developer or subdivider shall be required to dedicate 25 feet of right-of-way, as measured from the centerline of the street to the property line.
k.
New streets in any subdivision or development shall have sidewalks, curbs and gutters on both sides of the street. Where a lot being subdivided or developed fronts on an existing street, and adjacent property on either side has existing sidewalk, curbs and/or gutters the town requires the dedication of land for, and construction of, a sidewalk, curb and gutter on the property being subdivided or developed, to connect to the existing sidewalk, curb and gutter. Sidewalks shall be a minimum of six (6) feet wide in business zones and five (5) feet wide in all others.
l.
Geometric design of streets shall be in compliance with the requirements of VDOT, or as approved by the town engineering department.
1301.03. Land requirements for community facilities. Land for open spaces and other community facilities shall be provided in accordance with the following requirements:
a.
Open spaces suitably located and of adequate size for parks, playgrounds, or other recreational purposes shall be provided; and, if not dedicated to the public or conveyed to the town council, such land shall be reserved for the common use of all property owners by covenant in the deeds. The amount of such land shall be a percentage of the gross area for each proposed density of land use in the subdivision. The basis for determining open space shall be one percent of gross site area for each dwelling unit per acre of density, provided that no common open space need be provided for subdivisions of less than four dwelling units per acre density.
b.
The open space required in large subdivisions shall not be grouped into large areas, but shall be so located as to provide easy access to all lots within a subdivision. Streams, lakes and other watercourse areas may be considered as part of the open space, provided reasonable access and physical use of the proposed open space area for recreation can be had.
c.
If the size of area to be provided is not of an adequate size that would make it usable for public purposes, payment shall be made to the town in lieu of the establishment of land area for recreational purposes equal to five percent of the market value of the gross area of any tract to be subdivided or developed, to be submitted with the final plat.
d.
The approval by town council of a preliminary subdivision plat shall be deemed to constitute the acceptance by the council of any park, playground, or other public land shown on the final plat. Council may also require the filing of written agreements between the subdivider and the council covering future title, dedication, and the development, equipment and maintenance of any park or playground area.
e.
Easements having a minimum width of 20 feet shall be provided as is necessary for utility lines, and underground mains and cables. Where traversed by a watercourse, drainageway, channel or stream, there shall be provided a private stormwater drainage easement of adequate width, but not less than ten feet. Parallel streets may be required by the council in connection therewith.
1301.04. Block lengths and widths. Block lengths and widths shall be determined based on the following requirements:
a.
Blocks shall not be greater than 1,200 feet nor less than 400 feet in length.
b.
Blocks shall be wide enough to provide two tiers of lots of minimum depth, except where abutting upon major streets, limited-access highways, or railroads or where other situations make this requirement impracticable in which case the council may approve a single tier of lots of minimum depth.
c.
Blocks designed for nonresidential use shall provide adequate space for service access and off-street parking.
1301.05. Lot design requirements.
a.
Lot areas, dimensions and yard areas shall conform to applicable requirements of articles VI and VII.
b.
Lots shall not contain peculiarly shaped elongations, solely to provide necessary street frontage or square footage of area which would be unusable for normal purposes.
c.
Every lot shall front on a street, and the side lines of lots shall be approximately at right angles, or radial to the street line unless otherwise approved.
d.
In the case of lots for residential purposes, the building setback shall conform to the requirements of zoning ordinance. The building setback line shall be at greater distance than the minimum specified in the zoning ordinance if the zoning administrator finds that conditions of health and/or safety so require.
e.
Where any lot has abrupt topography which renders that portion of the lot unusable for the purpose specified, lot area requirements shall exclude all such affected land.
f.
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 feet, and across which there shall be no right of access, shall be planted by the developer along the line of lots abutting such a traffic artery or other disadvantageous use.
1301.06. Environmental design requirements. The following environmental design requirements shall be adhered to insofar as practicable:
a.
Existing features which would add value to development, or natural or manmade assets to the town, such as trees, watercourses and falls, vistas, historic spots, historic or architecturally significant buildings, and similar irreplaceable assets, should be preserved, insofar as possible, through harmonious and careful design.
b.
Land 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, and natural vegetation, limit stormwater runoff, and conserve the natural cover and soil. No topsoil, sand or gravel shall be removed, except in accordance with the provisions of the erosion and sedimentation control ordinance.
(Ord. No. 08-21, § 1, 9-23-2008; Ord. No. 12-4, § 1, 6-12-2012)
The developer or subdivider of any property shall install the following physical improvements at his cost in accordance with the provisions of this Land Development Ordinance.
1302.01. Survey markers. Markers shall be installed in accordance with the following provisions:
a.
Survey markers shall be iron or steel pins a minimum of one-half inch in diameter, and 15 inches long and driven so as to be flush with finished 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, all lot corners and angles, all points where the lot lines intersect the right-of-way along street curves and all points where street rights-of-way cross municipal boundaries. All markers must be in place when the street is dedicated to the town.
b.
Where rock is encountered, a hole shall be drilled four inches deep, into which shall be demented a steel rod one-half inch in diameter, the top of which shall be flush with the finished grade line.
c.
A copy of as-built street, sewer and water plans shall be provided to the town and placed in the office of the town engineer.
1302.02. Water and sewer facilities. Water and sewer facilities shall be constructed by the developer or subdivider in conformance with the following requirements:
a.
All water and sewer pipes constructed shall be installed at the expense of the developer or subdivider, provided that where larger pipes are required to provide capacity to handle flow originating from outside the development, or where the development requires enlargement or extension of existing pipes, the developer or subdivider shall pay a pro rata share of the total construction cost.
b.
All sewers shall be constructed in accordance with the town sewer plans and design specifications on file in the town engineer's office.
c.
Sewer and water lines shall be inspected by the town engineering department for compliance with the requirements of this Land Development Ordinance.
d.
Individual water or sewage disposal facilities may be installed provided that public water or sewage disposal facilities are unavailable. Where installed, the developer or subdivider shall provide sufficient information to allow the determination that each lot is suitable for individual sewage disposal, and that each lot has a safe and adequate water supply, as evidenced by the written approval of the health department as provided in section 1204.04.
1302.03. Streets, sidewalks and drainage. Streets, sidewalks and drainage facilities shall be constructed by the developer or subdivider in accordance with the following requirements:
a.
Extensions of existing streets or new streets shall be constructed of asphalt concrete pavement before being opened to the public. In lieu of completion of pavement, a bond or surety shall be provided as in section 1204.04(f) of this Land Development Ordinance.
b.
Concrete sidewalks at least 4 1/2; feet in width shall be provided by the subdivider/developer of all new streets or the extension of existing streets or development of nonmaintained streets in all districts excluding one single family or duplex residence on an existing street, and shall be in accordance with VDOT and Town of Bedford standards.
c.
Concrete curbs and gutters shall be provided for new streets, and existing streets and shall be in accordance with VDOT standards.
d.
Street identification signs approved by the zoning administrator shall be installed at all street intersections.
e.
All street and drainage improvements shall be inspected and found in compliance with requirements of this Land Development Ordinance and standards of VDOT, including those regarding noise abatement, and the Virginia Erosion Control and Sedimentation handbook, as evidenced by the approval of the town engineer, as provided in section 1204.04.
f.
Street trees shall be installed as provided in section 809 of this Land Development Ordinance.
g.
The Town of Bedford may impose taxes or assessments upon the owners of abutting property for constructing, improving, replacing or enlarging the sidewalks upon existing streets, for improving and paving existing alleys, and for the construction or the use of sanitary or stormwater management facilities, retaining walls, curbs and gutters. Such taxes or assessments may include the legal, financial or other directly attributable costs incurred by the locality in creating a district, if a district is created, and financing the payment of the improvements. No tax or assessment for retaining walls shall be imposed upon any property owner who does not agree to such tax or assessment.
1302.04. Other improvements.
a.
Where outdoor recreation facilities are provided in connection with common open space, they shall be of a design and construction approved by the zoning administrator.
b.
Where the developer or subdivider wishes to plant trees between the pavement edge and the adjacent right-of-way lines, he shall first confer with the town to determine the side of the street on which the utility pole line for power, street lights and telephone will be located. On the side of the street on which the utility pole will be placed the trees shall be limited to those not exceeding 25 feet in matured height (for example, dogwoods, crepe myrtles, etc.). On the opposite side of the street the type of trees will not be limited.
c.
The town may require payment by a subdivider or developer of land of the pro rata share of the cost of providing reasonable and necessary sewerage, water, drainage facilities, street improvements, etc., located outside the property limits of the land owned or controlled by the subdivider or developer but necessitated or required, at least in part, by the construction or improvement or development; however, no such payment shall be required until such time as the governing body or a designated department or agency thereof shall have established a general sewer, water, drainage, street improvement program, etc., for an area having related and common sewer, water, drainage conditions, street, etc., and within which the land owned or controlled by the subdivider or developer is located. Current operation, maintenance and future capital improvements may be used as the standards to determine the proportionate share of total estimated cost of ultimate sewerage, water, drainage facilities, street improvements, etc., required to adequately serve a related and common area, when and if fully developed in accord with the adopted comprehensive plan, that shall be borne by each subdivider or developer within the area. Such share shall be limited to the proportion of such total estimated cost which the increased sewage flow, water flow, and/or increased volume and velocity of stormwater runoff, and/or pedestrian and/or vehicular traffic to be actually caused by his subdivision or development bears to total estimated volume and velocity of such sewage, water, and/or runoff and/or traffic from such area in its fully developed state.
Each such payment received shall be expended only for the construction of those facilities, identified in the established sewer, water, drainage, street program, etc.; however, in lieu of such payment the governing body may provide for the posting of a personal, corporate or property bond, cash escrow or other method of performance guarantee satisfactory to it conditioned on payment at commencement of such construction. The payments received shall be kept in a separate account for each of the individual improvement programs until such time as they are expended for the improvement program.
1302.05. Flood hazard district. Within the flood hazard district as delineated in article VI, section 611.05, the following additional provisions shall be met:
a.
All electric water heaters, electric furnaces and other critical electrical installations shall be permitted only at elevations at or above the level of the 100-year floodplain.
b.
Water supply systems, sanitary sewage systems, and gas and oil supply systems shall be designed to preclude infiltration of floodwaters into the systems and discharges from the systems into floodwaters.
c.
Adequate drainage shall be provided to minimize exposure to flood heights.
1302.06. Electrical facilities.
a.
All new electrical, cable television, telephone lines, etc., shall be buried in cables underground, except in cases when existing utilities are already located overhead, in which case additional new utilities may also be located overhead. In addition, street lighting shall also be provided at the expense of the subdivider/developer and shall be of a design compatible with the ornamental downtown street lights in residential and business districts, and a design compatible with Bedford Elementary School for CLI Commercial/Light Industry and M-1 Manufacturing Districts. Such fixtures, poles, mountings, etc., shall be approved by the town electric department.
b.
All electrical, cable and telephone lines, etc., shall be inspected by the town electrical department for compliance with the requirements of this Land Development Ordinance.
(Ord. No. 08-21, § 2, 9-23-2008; Ord. No. 25-1, § 10, 1-14-2025)