Independence City Zoning Code
CHAPTER 151
SUBDIVISION OF LAND
§ 151.01 TITLE; AUTHORITY; JURISDICTION.
This chapter which shall be known and may be cited as the “Subdivision Ordinance of the Town of Independence, Virginia,” is adopted pursuant to “Land Subdivision and Development,” being VA Code §§ 15.2-2240 et seq., as amended.
(1996 Code, § 143-1)
§ 151.02 PURPOSE.
(A) The general purpose of this chapter is to establish certain subdivision standards and procedures for the town. It is part of a long-range plant to guide and facilitate the orderly beneficial growth of the community, and to promote the public safety, convenience, comfort, prosperity and general welfare. These standards and procedures can provide a guide for the change that occurs when lands and acreage become urban in character as a result of residential, commercial or industrial development, and can make possible the provision of public services in a safe, adequate and efficient manner. Subdivided land sooner or later becomes a public responsibility in that roads and streets must be maintained and numerous public services customary to urbanized areas must be provided. This chapter assists the community in meeting these responsibilities.
(B) More specifically, the regulations included herein are designed to bring about the coordination of streets within subdivisions with other existing and planned streets; to provide for the safe and efficient circulation of traffic; to avoid hazardous intersections and other dangerous conditions; to provide adequate drainage, and water and sewer systems; to establish construction standards for streets and other improvements; to lessen flood damage and to control erosion and sedimentation; to ensure that land is platted and developed in a way that is consonant with the efficient and economic use of public funds; to require the proper legal description and monumenting of subdivided land; and to assure that the purchasers of lots are offered a commodity that is suitable for development and use.
(1996 Code, § 143-2)
§ 151.03 DEFINITIONS AND WORD USE.
(A) For the purpose of this chapter, certain words and terms shall be interpreted as follows.
(1) The word “town” shall mean the Town of Independence, Virginia.
(2) The words “Town Council” shall mean the Town Council of the Town of Independence, Virginia.
(3) The words “Planning Commission” shall mean the Planning Commission of the Town of Independence.
(4) The words “Highway Department” shall mean the Virginia Department of Highways and Transportation.
(5) The word “lot” includes the words “plot” and “parcel.”
(6) The word “shall” is mandatory and not discretionary.
(7) The word “may” is permissive.
(8) The word “approve” shall be considered to be followed by the words “or disapproved.”
(9) All distances and areas refer to measurement in a horizontal plane.
(10) Any reference to the chapter includes all ordinances amending or supplementing the same.
(B) For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ADMINISTRATOR. The official designated by the Town Council to administer and enforce this chapter.
BLOCK. A tract of land bounded by streets, or by a combination of streets and public parks, cemeteries, railroad rights-of-way, or shore lines of waterways.
BUILDING. Any structure built for the support, shelter or enclosure of person, animal, chattel or moveable property of any kind, and which is permanently affixed to the land.
BUILDING SETBACK LINE. A line or lines within a lot or other parcel of land so designated on a recorded plat or otherwise established by law in front of which no building or structure shall be erected.
CUL-DE-SAC. A local public street having only one end open to traffic and the other end being permanently terminated by an appropriate turnaround for the safe and convenient reversal of traffic movement.
EASEMENT. A grant by a property owner of the use of land for a specific purpose or purposes.
FINAL PLAT. The map or plan of a subdivision of land which meets all the requirements of this chapter, including any accompanying material, as described in § 151.07.
FRONTAGE. The length of the property line of any lot, lots or tract of land measured along a public street, road or highway against which land abuts.
HIGHWAY ENGINEER. The Resident Engineer employed by the Virginia Department of Highways and Transportation serving the county.
IMPROVEMENTS. Public utilities, circulation and drainage facilities, including but not limited to: streets, storm and sanitary sewer systems; curbs an gutters; culverts, catch basins and other drainage structures; water lines and fire hydrants; sidewalks; street signs.
LOT. A portion of a subdivision, or any other parcel of land intended for transfer of ownership, or for budding development, or both.
OWNER. Any person, group of persons, firm or firms, corporation or corporations, or any other legal entity having legal title to the land sought to be subdivided under this chapter.
PLANNED UNIT DEVELOPMENT. A parcel of land under single ownership or control, having a minimum area of ten acres, for which a detailed site plan is submitted to the Planning Commission for review under the provisions of this chapter. Types of development which may be reviewed and approved as “planned units” include: residential communities; mobile home parks; industrial parks; commercial centers and; resort and recreation complexes containing campgrounds, motels and vacation homes for sale or rent.
PRELIMINARY PLAT. The map or plan of a subdivision of land which meets all the requirements of this chapter, including any accompanying material, as described in § 151.06.
RESUBDIVISION. An authorized change in property lines of a recorded subdivision.
STREET. A way for vehicle traffic, whether designated as a street, highway, road or however otherwise designated. For the purposes of this chapter, the street system is classified as follows.
(a) ALLEYS. Minor ways which are used primarily for vehicle service access to the back of properties otherwise abutting on a street.
(b) ARTERIAL STREETS. Those used primarily for heavy or fast traffic and from which direct access to abutting property may be restricted or prohibited.
(c) COLLECTOR STREETS. Those which carry traffic from local streets to the major system of arterial streets, including the principal entrance streets of a residential development and certain streets for circulation within such development.
(d) LOCAL STREETS. Those which are used primarily for access to abutting properties.
(e) MARGINAL ACCESS STREETS. Minor streets which are parallel to and adjacent to arterial streets and which provide access to abutting properties and protection from through traffic.
SUBDIVIDER. Any person, firm or corporation who creates a subdivision as defined in this chapter.
SUBDIVISION. The division of a parcel of land into two or more lots or parcels, any of which contains less than five acres, for the purpose of transfer of ownership or of building development, including all changes in street or lot lines and the creation of any new street or easement; except, however, as follows:
(a) The sale or exchange of adjacent property between adjoining lot owners, where such sale or exchange does not create additional building sites;
(b) The division of land into parcels of five acres or more not involving any new street or easement;
(c) A bona fide division or partition of agricultural land for agricultural purposes or for the building site for members of the family owning any such agricultural lands;
(d) A bona fide division or partition of land by a property owner to his or her children and their spouses for a building site; and
(e) Land being sold by any unit of local, state or federal governments.
(1996 Code, § 143-3)
§ 151.04 PREPARATION AND RECORDING OF SUBDIVISION PLATS.
(A) Any owner, proprietor or developer of any tract of land situated within the jurisdiction of this chapter, who subdivides such tract, or who causes any public streets, alleys or public areas to be created, shall cause a plat to be made of such subdivision and shall cause said plat to be recorded in the office of the Clerk of the Circuit Court of the county. The plat shall be in accordance with the provisions of this chapter.
(B) No plat of a subdivision shall be recorded until each plat shall have been approved, and such approval evidenced thereon, in accordance with the provisions of this chapter.
(C) No permit shall be issued for the erection or occupancy of any structure or building to be located in any subdivision, a plat whereof is required to be recorded pursuant to the provisions of this chapter, until such plat shall have been recorded as herein provided.
(D) No lot shall be sold in any subdivision before the plat has been recorded.
(E) Every subdivision plat submitted for recordation shall be prepared by a certified professional engineer or land surveyor licensed by the state, who shall endorse upon each such plat a certificate signed by him or her setting forth the source of the title of the owner of the land subdivided and the place of record of the last instrument in the chain of title. When the plat is of land acquired from more than one source of title, the outlines of the several tracts shall be indicated upon such plat. No provision of this chapter shall preclude the preparation of a preliminary plat by an architect, landscape architect or land planner.
(F) Every such plat shall contain a statement as follows: “The platting or dedication of the following described land (here insert a correct description of the land subdivided) is with the free consent and in accordance with the desire of the undersigned owners, proprietors and trustees, if any.” The statement shall be signed by such persons and duly acknowledged before some officer authorized to take acknowledgment of deeds.
(G) The recordation of the final plat shall operate to transfer to the town or county, in fee simple, such portion of the premises platted as is on such plat set apart for streets, alleys or other public use and to transfer to said town or county, any easement indicated on such plat to create a public right of passage over same.
(1996 Code, § 143-4)
§ 151.05 PROCEDURE FOR REVIEW AND APPROVAL OF SUBDIVISION.
(A) Application. Whenever any subdivision of land is proposed, the subdivider or his or her agent shall apply in writing to the Planning Commission for approval of a preliminary plat, and submit five copies thereof prepared in accordance with § 151.06. He or she shall submit a fee with this application in accordance with § 151.16. This application shall be submitted at least seven days prior to the meeting of the Planning Commission at which it is to be considered.
(B) Preliminary plat approval. Following review of the preliminary plat the Planning Commission shall communicate within 45 days in writing with the subdivider, informing him or her of action taken, and stating specific changes, if any, that are required in the preliminary layout. If for any reason the subdivision is disapproved, the reasons for such disapproval shall be given. In cases where approval of the plat is conditional upon changes being made in the subdivision layout, one copy of the plat shall be returned to the subdivider with the desired changes marked thereon.
(C) Engineering drawings and specifications. After receiving notice of approval of the preliminary plat, the subdivider shall submit to the Administrator four copies of plans and specifications for all improvements to be installed. The Administrator shall advise the subdivider concerning the character and extent of improvements and the estimated amount of the performance bond or other surety that will be required before final approval of the subdivision plat. The Administrator, after consultation with the Resident Engineer of the Commonwealth Department of Highways and Transportation, shall advise the subdivider of approval or disapproval in writing within 60 days.
(D) Installation of improvements. The subdivider shall, prior to filing with the Planning Commission a final plat for approval, complete all improvements and installation of utilities required under these regulations; or in lieu of completing said improvements, the subdivider shall furnish the town with a performance bond as required by § 151.14.
(E) Submittal of final plat. The subdivider shall, within 12 months after official notification of approval by the Planning Commission in respect to the preliminary plat, apply in writing to the Planning Commission for approval of the final subdivision plat, and submit the original and three copies thereof prepared in accordance with § 151.07. This application shall be submitted at least seven days prior to the meeting of the Planning Commission at which it is to be considered. The subdivider may file for approval only that portion of the approved preliminary plat which he or she proposes to record and develop at that time.
(F) Final plat approval.
(1) Unless an application for final approval is made within 12 months after approval of the preliminary plat, said approval of the preliminary plat shall become null and void.
(2) The Planning Commission shall, within 45 days from the date of submittal of the final plat, approve or disapprove such plat; and failure to act within 45 days shall be deemed approval.
(3) Approval of the final subdivision plat by the Planning Commission shall be shown on the face of the plat by the signature of the Chairperson. The approval of the plat shall not be finally effective until the subdivider has made or provided for the improvements required pursuant to § 151.14 to the satisfaction of the Town Council and this approval has been attested by the signature of the Mayor on said plat.
(G) Recordation. Unless the subdivider shall have said plat recorded in the office of the Clerk of the Circuit Court of the county within six months after final approval by the Planning Commission, and before any lots are sold in said subdivision, approval of the final plat shall become null and void.
(1996 Code, § 143-5)
§ 151.06 SUBMISSION OF PRELIMINARY PLAT.
(A) The subdivider shall submit to the Planning Commission five copies of the preliminary plat, at a scale of 100 feet to the inch, which shall show thereon:
(1) Proposed subdivision name and location;
(2) Names and addresses of the owner of record, subdivider, the person who prepared the plat and holders of any easements affecting the property;
(3) The names of all subdivisions immediately adjacent, and the names of the owners of record of adjacent unsubdivided property;
(4) Date of drawing, true North point and scale;
(5) Survey of the tract boundary;
(6) Significant natural landscape features, including rock outcrops and large trees;
(7) Location, width and names of all existing or platted streets within or adjacent to the subdivision. The location of existing buildings, easements, railroad rights-of-way, utility lines and drainageways;
(8) Preliminary plans for all utilities, including but not limited to: the proposed method of accomplishing surface drainage, water supply and sewage disposal. Preliminary designs for any bridges and culverts that may be required;
(9) Location and dimensions of proposed streets, alleys, lots, building lines and easements. Identify lots by number and streets by name;
(10) If the subdivision includes or abuts a water area, the plat shall show any proposed pierhead line beyond which no pier or dock may be constructed;
(11) Proposed use of all lots after being subdivided; and
(12) Designation of all parcels of land proposed to be dedicated or reserved for public use and the conditions, if any, of such dedication.
(B) The preliminary plat shall include a vicinity sketch map, at a scale of 2,000 feet to the inch, showing the relationship of the subdivision to its environs. This map shall encompass an area extending at least one mile on each side of the subdivision and shall identify roads, political boundaries, other subdivisions and important landmarks and natural features.
(C) The following information shall be furnished, either set forth on the face of the plat or submitted as separate documents:
(1) Sedimentation and erosion control measures proposed for the subdivision, on advice of the New River Soil and Water Conservation District;
(2) Signed statements of the appropriate officials concerning the availability of water, sewer, gas and electricity to the proposed subdivision; and
(3) Private restrictions, if any, proposed to be included in the deeds.
(1996 Code, § 143-6)
§ 151.07 SUBMISSION OF FINAL PLAT.
(A) Format and scale. The final subdivision plat shall be drawn on linen or other durable transparency of scale-true material with permanent drafting ink, at a scale of 100 feet to the inch. The plat shall be drawn on one or more sheets, the dimensions of which shall not exceed 22 inches by 17 inches. Where more than one sheet is necessary to show the entire plat, match lines shall be clearly indicated The subdivider shall submit to the Planning Commission the original and three prints of the final plat.
(B) Preparation and certificates. The final plat shall be prepared by a certified professional engineer or land surveyor licensed by the state. It shall contain the certificates and statements required by § 151.04. A place shall be provided on the plat to receive the signature of the Chairperson of the Planning Commission and the Mayor of the town.
(C) Content. The final plat shall conform to the preliminary plat as approved and shall show the following:
(1) Name and location of subdivision;
(2) Name and address of record of owner and subdivider;
(3) Date of drawing, true North point and scale;
(4) Tract boundary lines, right-of-way lines of streets, easements and other rights-of-way, and property lines of lots. Bearing shall be shown to the nearest ten seconds and dimensions to the nearest hundredth of a foot. Data for all curves shall be shown in detail at the curve or in a curve data table containing the following: delta, radius, arc, tangent, chord, chord bearing and degree of curve;
(5) Location of monuments and property markers;
(6) Record name of adjoining subdivisions, and names of record of owners of adjoining unsubdivided land;
(7) Name and right-of-way width of each street or other right-of-way;
(8) Location, dimensions and purpose of all easements;
(9) Abutting streets and roads, with names and right-of-way widths;
(10) Designating numbers of symbols for all lots and blocks;
(11) In the case of the resubdivision of existing recorded lots, existing lot lines shall be shown by dotted lines and the resubdivision by full lines;
(12) Purpose for which sites, other than residential lots, are dedicated or reserved;
(13) Minimum building setback lines on all lots;
(14) Private restrictions, if any, proposed to be included in the deeds; and
(15) Where temporary turnarounds are required by this chapter, they shall be shown on the plat and the following notation shall be made on the plat: “Any area on this plat designated as a temporary turnaround shall be constructed and used as other streets in the subdivision until such time as (insert here the name of the street) is extended to join another street and the cul-de-sac ceases to exist. Thereupon the land in the temporary turnaround area which extends beyond the normal right-of-way line of the street will be vacated for street purposes and will revert to adjoining lot owners.”
(D) Requirements for survey. All dimensions, both linear and angular, shall be determined by an accurate control survey which must close and balance within a limit of one foot in 5,000. A bearing and distance tie between at least two permanent monuments on the interior boundary of the subdivision and a bearing and distance tie to a corner of the subdivision from an outside reference marker, in accordance with § 151.13, shall be made and shown on the plat.
(E) Approval. Approval by the Administrator of the preliminary plat does not constitute a guarantee of approval of the final plat.
(1996 Code, § 143-7)
§ 151.08 GENERAL DESIGN REQUIREMENTS.
The subdivider shall observe the following general requirements and principles of land subdivision.
(A) Suitability of land. Land which the Planning Commission determines to be unsuitable for development because of vulnerability to flooding, poor drainage or other characteristics likely to be harmful to the safety, welfare or health of the future residents or to the public, shall not be submitted unless adequate methods to correct all such hazards are devised, and approved by the Planning Commission.
(B) Conformity with official plans. All proposed subdivisions shall conform to any adopted plans for the town, and shall be in accord with planning policies of the town and the county. The subdivider shall make available for public acquisition such lands in the area to be subdivided as are designated by official plans for parks, playgrounds and schools or other public buildings. Whenever said area includes any part of a major arterial or collector street as designated on an official plan, appropriate provision for the right-of-way thereof shall be incorporated in the subdivision plat.
(C) Preservation of natural features. In the design of any subdivision, careful consideration will be given to preserving natural features and amenities and to the preservation of sites and buildings having historic value.
(D) Private streets prohibited. There shall be no private streets platted in any subdivision. Each lot shall have direct frontage on, and access to, a dedicated public street.
(E) Large tracts. Where land is subdivided into larger parcels than normal building lots, such parcels shall be arranged in such a way that future resubdivision is feasible.
(F) Neighborhood consideration. Street and block layout shall be made with consideration of the most advantageous development of adjoining tracts and the entire neighborhood.
(G) Advertising standards. A subdivider when advertising a subdivided tract of land for sale shall be specific as to the following items: whether officially approved water and sewage facilities are available or not.
(1996 Code, § 143-8)
§ 151.09 DESIGN STANDARDS FOR STREETS.
In the layout of streets, the subdivider shall comply with the following.
(A) Streets shall be coordinated with the existing street system and provision shall be made for continuity of principal streets as appropriate.
(B) Where, in the opinion of the Planning Commission, it is desirable to provide for future street access to adjoining unsubdivided property, proposed streets shall be extended to the boundary of such property. Where one or more lots front on any such street extension, a temporary turnaround shall be provided.
(C) Local streets shall be so laid out that their use by through traffic will be discouraged.
(D) All dead-end streets, or cul-de-sac, shall terminate in a turnaround having a minimum right-of-way diameter of 100 feet.
(E) Less than full-width streets shall not be permitted, and boundary streets along the edge of the tract shall not be permitted unless required to provide right-of-way for streets and arterials designated by an official major street plan.
(F) Where land in a proposed subdivision is adjacent to a major arterial highway, the Planning Commission may require marginal access streets, reverse frontage with screen planting contained in a non-access reservation along the rear property line, or such other treatment as may be necessary for protection of residential properties and to afford separation of through and local traffic.
(G) Alleys may be required at the rear of lots used for commercial and industrial purposes. In general, alleys shall not be platted in residential blocks unless the need for them can be demonstrated to the Planning Commission.
(H) In general, streets shall be planned in harmony with existing topography. Street grades shall be kept below 10% where practicable, and in no case shall exceed 12%. Minimum grade for all streets shall be 0.5% for drainage.
(I) The horizontal and vertical alignment of all streets shall conform to standards approved by the Commonwealth Department of Highways and Transportation. In no case shall a street have a curve radius of less than 100 feet, measured to the centerline.
(J) A tangent of at least 200 feet shall be provided between reverse curves on arterial streets, and 100 feet on collector streets.
(K) Streets shall intersect at right angles or as nearly as practicable. In no case shall the angle of intersection be less than 75 degrees, unless approved by the Planning Commission upon recommendation of the resident engineer for an unusual condition of terrain.
(L) Street jogs or offsets at intersections shall be avoided.
(M) Intersections with an arterial street shall be at least 1,000 feet apart, measured from centerline to centerline.
(N) Property lines at street intersections shall be rounded with a radius where the Planning Commission determines such to be desirable for reasons of safety.
(O) In cases where State Department of Highways and Transportation specifications are lacking or are less restrictive than the requirements of this chapter, this chapter shall prevail; otherwise, the Highway Departments’ specifications will prevail.
(P) The roadway shall be graded to 30 feet exclusive of side ditches. Base for the roadway shall be at least (dependent upon existing and projected traffic volumes) 30 feet in width and six inches in depth and be of stone, gravel or other satisfactory material approved by the State Department of Highways and Transportation. The pavement width will be a minimum of 24 feet. The surface shall be prime and double seal or equivalent thickness of plant-mixed bituminous concrete.
(Q) Proposed streets which are obviously in alignment with other already existing and named streets, shall bear the names of the existing streets. In no case shall the names of proposed streets duplicate existing street names irrespective of the use of the suffix street, avenue, boulevard, drive, way, place, land or court. Street names shall be indicated on the prehminary and final plats, and shall be approved by the Administrator. Names of existing streets shall not be changed except by approval of the governing body.
(R) A cross-section showing the proposed street construction, depth and type of base, type of surface and the like.
(S) A profile or contour map showing the proposed grades for the streets and drainage facilities including elevations of existing and proposed ground surface at all street intersections and at points of major grade change along the centerline of streets together with proposed grade lines connecting therewith.
(T) A profile on contour map showing the proposed grades for the streets and drainage facilities including elevations of existing and proposed ground surface at all street intersections and at points of major grade change along the centerline of streets together with proposed grade lines connecting therewith.
(1996 Code, § 143-9)
§ 151.10 DESIGN STANDARDS FOR BLOCKS.
The lengths, widths and shapes of blocks shall be determined with due regard to: provision of adequate building sites suitable to the special needs of the type of use contemplated; requirements of Chapter 153, Zoning, convenience and safety of vehicular and pedestrian circulation; and convenient access to water areas.
(A) The length of residential blocks shall generally not exceed 1,600 feet nor be less than 300 feet.
(B) Provision for pedestrian walks across blocks may be required by easement or dedication when determined to be essential by the Planning Commission to provide circulation or convenient public access to facilities such as schools, parks and water areas.
(C) Blocks shall have a minimum width of 200 feet and shall accommodate two rows of lots, except that a single row of lots will be permitted adjacent to a water area or abutting an arterial highway which is not used for access to the lots.
(1996 Code, § 143-10)
§ 151.11 DESIGN STANDARDS FOR LOTS; LOT SIZE.
(A) The size, shape and orientation of lots shall be appropriate for the location of the subdivision and the type of development and use contemplated.
(1) Except as provided herein, residential lots for single-family detached dwellings shall have a minimum width at the building line of 80 feet. All lots shall have an average depth of at least 100 feet, and single-tier lots shall have an average depth of at least 125 feet. Smaller lots may be permitted in the case of cluster development design, the development plan for which is submitted for consideration as part of a planned unit development.
(2) Lots for townhouses shall have a minimum width of 20 feet.
(3) Depth and width of parcels reserved or laid out for commercial and industrial purposes shall be adequate to provide for the off-street service and parking facilities (five spaces per 1,000 square feet of floor space) required.
(4) Side lot lines shall be substantially at right angles or radial to the street.
(5) Corner lots shall have extra width as necessary to meet building line requirements on both streets.
(6) The subdividing of land shall be such as to provide, by means of a public street, each lot with satisfactory access to an existing street.
(7) All remnants of lots below minimum size left over after subdividing of a tract must be added to adjacent lots, or otherwise disposed of rather than allowed to remain as unusable parcels.
(8) Where the land covered by a subdivision includes two or more parcels in separate ownership, and lot arrangement is such that a property ownership line divides one or more lots, the land in each lot so divided shall be transferred by deed to single ownership, simultaneously with the recording of the final plat. Said deed is to be deposited with the Clerk of the court and held with the final plat until the subdivider is ready to record same, and they both shall then be recorded together.
(9) Lots intended for business or industrial use shall be designed specifically for such purposes with adequate space set aside for off-street parking and delivery facilities.
(B) Lot size.
(1) The minimum lot size in any area shall be in accordance with recommendations of the Planning Commission until such time as a zoning ordinance shall have been passed, except that where public water and/or public sewer systems are not available, the Administrator may, in accordance with recommendations of the Health Officer, require such minimum lot sizes to be increased.
(2) These recommendations shall be submitted to the Administrator in writing either by notations on the plat or by letter.
(3) The Health Officer shall be guided by appropriate tests in determining the area required for the sanitary and safe disposal of septic tank effluent.
(a) Lot size (public water and public sewer): residential lots served by both public water and public sewer systems shall be 80 feet or more in width and 10,000 square feet or more in area.
(b) Lot size (public water or public sewer): residential lots served by only one of public water or public sewer systems shall be 100 feet or more in width and 15,000 square feet or more in area.
(c) Lot size (neither public water nor public sewer): residential lots served by neither public water nor public sewer systems shall be 150 feet or more in width and 30,000 square feet or more in area.
(d) Greater lot sizes may be required where individual septic tanks and/or individual wells are used if the Health Officer determines that there are factors of drainage, soil condition or other conditions to cause potential health problems. The Administrator shall require that data requested by the Health Officer be submitted as a basis for passing upon a subdivision dependent upon septic tanks as a means of sewage disposal.
(e) Satisfaction of lot dimensions or area shall not be achieved by including land covered by water or flowage easements.
(1996 Code, § 143-11)
§ 151.12 EASEMENTS.
Easements across lots or centered on rear or side lot lines shall be provided for utilities and surface drainage where necessary and shall be at least 12 feet wide. The plat shall clearly state that it is the obligation of abutting property owners to keep all drainage ditches open along said easements and this provision shall be included in the deed of each lot affected.
(1996 Code, § 143-12)
§ 151.13 MONUMENTS.
Monuments, to serve as permanent reference points, shall be placed in accordance with the following requirements.
(A) At least one corner of the subdivision shall be designated by bearing and distance tie from a readily discernible reference marker. If a corner is within 2,000 feet of a United States Coast and Geodetic Survey station or a station of the state coordinated grid system, then this corner shall be marked with a monument designated by computed coordinates to an accuracy of 1:10,000, and such monument shall be identified on the final subdivision plat. Where such reference station is not available, the tie shall be made to some permanent and readily identifiable landmark.
(B) Monuments shall be placed in the ground at all corners and at angle points in the boundary lines of the subdivision, at all points of angles and curvature in the right-of-way lines of all streets, and at all lot corners within the subdivision.
(C) At designated points in the outer boundary and at a minimum of at least two points in each block of the subdivision, such monuments shall be designated as control points and shall be of stone or precast concrete not less than four inches square or four inches in diameter and at least 30 inches long. In all other locations the monuments, or markers shall be steel or wrought iron pipe not less than one-half inch or more than one inch in diameter and at least 24 inches long. The monument shall not extend more than four above ground level.
(1996 Code, § 143-13)
§ 151.14 REQUIRED IMPROVEMENTS; BOND.
(A) Generally. Improvements shall be provided as follows.
(1) Streets. Streets shall be graded to the full width and in conformance with the approved cross-sections and profiles. The pavement base and surface shall be appropriate to the type of development and use contemplated. All streets shall be constructed in accordance with specifications and standards of the Highway Department.
(2) Drainage. A drainage system shall be provided to ensure adequate drainage of surface and stormwater. The system shall be constructed and installed in accordance with plans and specifications approved by the Town Council.
(3) Water supply. Where a public water supply is reasonably accessible, the subdivider shall connect with the public supply and shall provide water mains and a suitable water connection at each lot.
(4) Sanitary sewers. Where a public sanitary sewerage system is reasonably accessible the subdivider shall connect therewith and shall provide a connection for each lot.
(5) Other improvements. Curbs and gutters and sidewalks shall be installed in subdivisions where warranted by the type and density of development. Fire hydrants shall be installed where a central water system is provided. In subdivisions where new streets are created, street name signs shall be installed. Said improvements, when required, shall conform to specifications of the Highway Department and Town Council.
(B) Performance bond. The cost of all improvements required by the provisions of this section shall be paid by the subdivider, or as much thereof as the Council shall direct. If the actual installation of improvements is not completed prior to the filing of an application for final plat approval, the subdivider shall executive an agreement and post a bond with surety or other guarantee satisfaction to the Council and in an amount equal to or greater than the estimated cost of the uncompleted improvements. The Council may require that the bond or other guarantee be greater than the estimated cost of improvements to allow for inflationary cost increases.
(1996 Code, § 143-14)
§ 151.15 VARIANCES AND MODIFICATIONS.
(A) Planned unit development. The design requirements of this chapter may be modified in the case of planned unit development, upon determination by the Planning Commission that the proposed development will provide adequate public spaces and fully meet needs for light, air, service, circulation, recreation and livability. Before approval of any such planned unit development, a detailed site plan shall be submitted in accordance with the provisions of this chapter and provisions shall be made for such covenants and other legal provisions as will ensure that the plan will be carried out.
(B) Variances. Where, because of unusual topographical conditions peculiar to the site or because of unusual shape of the property, the Planning Commission finds that strict adherence to the requirements of this chapter would result in extraordinary hardship to the subdivider, or builder including but not limited to summer homes or vacation cottages built on mountainous or rough terrain, it may permit a variance in the regulations so that substantial justice is done and the public interest secured; provided that the granting of such variance will alleviate a clearly demonstrable hardship as distinguished from a special privilege or convenience sough by the subdivider; and, provided further that such variance will not have the effect of nullifying the intent of this subchapter.
(C) Conditions. In granting variance and modifications, the Planning Commission may impose such conditions as will, in its judgment, secure substantially the objectives of the standards or requirements so varied or modified.
(1996 Code, § 143-15)
§ 151.16 FEES.
(A) There shall be a charge for the examination and review of every subdivision plat submitted to the Planning Commission.
(B) This fee shall be set by Council from time to time for each lot contained in the subdivision.
(C) This fee shall be paid to the town at the time an application is made for approval of the preliminary subdivision plat.
(1996 Code, § 143-16)
§ 151.17 VIOLATIONS.
(A) Any owner, or any proprietor of any tract of land who subdivides that tract of land and violates any of the provisions of this chapter shall be subject to fines as provided by, “Land Subdivision and Development,” of VA Code § 15.2-2209, as amended. With each day the violation continues constituting a separate offense.
(B) In addition to other remedies, the Council may institute any appropriate action or proceedings to prevent violation or attempted violation, or to prevent any act which would constitute such a violation.
(1996 Code, § 143-17)
§ 151.18 AMENDMENTS.
This chapter may be amended from time to time by the Council in accordance with VA Code § 15.2- 2204, as now or hereafter in effect.
(1996 Code, § 143-18)
§ 151.19 FILING OF COPIES.
Certified copies of this chapter and all amendments thereof shall be filed in the Town Hall, and in the office of the Clerk of the Circuit Court of the county.
(1996 Code, § 143-19)
Editor’s Note:
The surveyor’s certificate, originally included at the end of this chapter, is available at the Town Clerk’s Office