§ 4. Design standards.

4-1
General.

A.

Responsibility: The developer/subdivider shall comply with the design standards set forth herein.

B.

Substandard Subdivisions: An existing subdivision which is not in conformity with this ordinance may be resubdivided and redeveloped (in whole or in part) by the owner of any group of contiguous lots. Every such resubdivision shall conform to the provisions of this ordinance and any other applicable local ordinances. If, in the opinion of the Planning Commission (after recommendation by the commission) total compliance is impractical, the Planning Commission may approve a resubdivision which is not in compliance with the provisions of this ordinance if such resubdivision will conform more closely to the existing local ordinances than does the substandard subdivision. Any exception so authorized shall be set forth in a written statement by the Planning Commission detailing the reason for the exception and filed as an addendum with the final plat.

C.

Grandfathered Subdivisions: Existing subdivisions which have been approved by the governing body as of December 31, 1992 shall be considered to conform with this subdivision ordinance unless and until such existing subdivision shall be resubdivided or redeveloped in such a manner as would subject such subdivision to this ordinance.

D.

Easements: The agent shall require easements of twenty (20) feet minimum in width on each side of the centerline of the easement be provided for water, sewer, power, telephone and other utilities, as well as cable television service lines in the subdivision unless specifically exempted by the agent. Such easements shall be laid out so as to ensure continuity for utilities from block to block and to adjacent properties. Such utility easement shall be kept free of permanent structures and whenever possible shall be located adjacent to property lines. Nothing in this section is intended to prohibit the placement of public utilities within dedicated rights-of-way. The agent may require that easements for drainage through adjoining property be provided by the subdivider.

(Ord. of 1-14-97; Ord. No. O2013-02, § 1, 3-12-13)

4-2
Improvements—General Requirements.

A.

Installation Costs: Generally, all required improvements shall be installed at the expense of the developer/subdivider. The governing body may commit the county to share the cost of improvements with the developer/subdivider. Any cost sharing and reimbursement arrangements between Nelson County and the developer/subdivider shall be by written agreement executed prior to final plat approval. Construction of such improvements shall be subject to review and acceptance by the governing body.

B.

Bonding Requirements: The Agent shall require the bonding of all private streets and all improvements to be dedicated to public use. The developer/subdivider shall, prior to recordation of the final plat, comply with any bonding requirement by one of the following procedures:

(1)

Provide certification, supported by documentation, to the Agent that the construction costs of improvements have been paid to the person constructing such improvements.

(2)

Furnish to the Agent a certified check in the amount of the estimated cost of construction; or a bond, with surety satisfactory to the Agent, in an amount sufficient for and conditioned upon the construction of such improvements; or a contract for the construction of such improvements with the contractor's bond, with surety.

(3)

Furnish to the Agent a bank or savings and loan association's letter of credit on certain designated funds satisfactory to the Agent as to the bank or savings and loan association, the amount of credit and the form thereof.

The amount of such certified check, cash escrow, bond or letter of credit shall not exceed the total of the estimated cost of construction based on unit prices for new public or private sector construction in the locality and a reasonable allowance for estimated administrative costs, inflation, and potential damage to existing roads or utilities.

C.

Completion Dates for Bonded Improvements: The developer/subdivider shall set a date, subject to the approval of the Agent, for the completion of the improvements bonded herein. If the improvements are not completed by this completion date, and no new completion date has been approved by the Planning Commission, the Agent may proceed with the completion of the improvements by calling the bond due.

D.

Partial Release of Bond: After the completion of at least thirty (30) percent of the improvements required to be constructed under a bond or other performance guarantee described in subsection 4-2 B., the developer/subdivider may give written notice of partial completion to the Agent and request a partial release of such bond or performance guarantee. A partial release shall be granted within thirty (30) days after receipt of such notice unless prior to the expiration of the thirty (30) day period the Agent has notified the developer/subdivider in writing of specific defects or deficiencies in construction and of suggested corrective measures, or of nonreceipt of approval by an applicable state agency. The Agent shall not be required to execute more than three (3) periodic partial releases in any twelve (12) month period nor be required to make periodic partial releases which in a cumulative amount equals more than eighty (80) percent of the original amount for which the bond performance guarantee was taken.

E.

Final Complete Release of Bond: After the completion of all improvements required by this ordinance to be constructed under a bond or other performance guarantee described in subsection 4-2 B., the developer/subdivider shall give written notice of completion to the Agent and request the final complete release of any bond or other performance guarantee. The Agent shall within thirty (30) days after receipt of such documentation accept the improvements or notify the developer/subdivider, in writing, of specific defects or deficiencies in construction and of suggested corrective measures, or of nonreceipt of approval by applicable state agency. If no action is taken by the Agent within thirty (30) days the request shall be deemed approved and accepted, and final complete release of the bond or other performance guarantee granted to the developer/subdivider.

F.

Completion and Acceptance of Bonded Improvements:

(1)

For the purposes of subsections 4-2 D. and 4-2 E., a certificate of partial or final completion of such improvements from either a duly licensed professional engineer or land surveyor, as defined in and limited to Title 54.1 of the Virginia Code, or from a department or agency designated by the Agent may be accepted by the Agent without further inspection of such improvements.

(2)

For the purpose of final release the term "acceptance" is deemed to mean: when said improvement is accepted by the county or accepted by and taken over for operation and maintenance by a state agency, local government department or agency, or other public authority which is responsible for the operation and maintenance of such improvement upon acceptance.

(Ord. No. O2013-02, § 1, 3-12-13)

4-3
Streams, Drainage and Erosion Control.

A.

Streams: When any stream is located within the boundaries of a property being subdivided, the developer/subdivider shall reserve a fifty-foot wide buffer zone (measured from the bank of the stream) on each side of the stream.

If a stream lies outside the subdivision boundary and the property being subdivided is located less than fifty (50) feet from the bank of the stream, the developer/subdivider shall reserve as a buffer zone whatever portion of the subdivided property lies within fifty (50) feet of the stream measured from the stream bank.

No residential structure or associated outbuilding shall be permitted within this buffer zone and such buffer zone shall not be considered part of any required street width.

B.

Drainage: For drainage purposes adequate easements, no less than ten (10) feet wide, shall be reserved over each manmade drainage course.

C.

Erosion and Sediment Control Plan: If any subdivision requires land disturbing activity for which an erosion and sedimentation control plan must be filed pursuant to the Nelson County Erosion and Sediment Control Ordinance, then the developer/subdivider must submit such plan and receive approval from the plan approving authority.

D.

Stormwater Management Plan: If any subdivision requires land disturbing activity for which a stormwater management plan must be filed pursuant to the Virginia Stormwater Management Program regulations, then the developer/subdivider must submit such plan, receive approval from the Virginia Department of Environmental Quality, and provide documentation of VSMP permit coverage as an addendum to the Final Plat.

(Ord. No. O2007-004, 5-21-07; Ord. No. 2015-05, 5-12-15)

4-4
Water and Sewer.

A.

Public Water and Sewer. If any part of a subdivision falls within an area in which the Nelson County Service Authority operates a water and/or sewage system, the developer/subdivider shall be subject to the regulations of the Service Authority for public water or sewer connections, including the extension of public water or sewer lines to lots within the subdivision. The regulations adopted by the Nelson County Service Authority shall govern the construction, easement specifications and requirements for dedication of the same.

B.

Central Water and Sewer Systems. Central water and sewer systems shall meet all the requirements of the Virginia Code and the regulations promulgated by the Virginia Department of Environmental Quality and the Virginia Department of Health. When a subdivision contains any lot less than one acre in size and the land does not have access to public water and sewer, then the developer shall construct both a central water system and a central sewer system. When a subdivision contains any lot at least one acre, but less than two (2) acres in size, the developer/subdivider shall construct either a central water system or a central sewer system.

C.

Individual Wells. In subdivisions having lots two (2) acres or greater in size, individual wells may be utilized provided that the developer/subdivider states on the face of the plat that approval of the subdivision plat by the County of Nelson does not certify or guarantee the purchaser the presence of adequate subterranean water to support the purposes of the subdivision (whether residential, commercial or industrial) as no demonstration has been made by the developer/subdivider of the same.

D.

Individual Septic Systems. No subdivision shall be approved where individual septic systems are to be used until written approval has been secured from the Virginia Department of Health. In order to grant approval, an AOSE (Authorized On-Site Soil Evaluator) shall submit a soil report to the Planning Director to be forwarded to the Virginia Department of Health, requesting its review and approval. The soil report shall address the suitability for an onsite sewage disposal system for each lot.

1.

Each system approved after November 18, 2008, shall have another on-site septic system reserved for use in the event of failure of the initial on-site wastewater system.

2.

In all zones, the reserve on-site wastewater system area shall be sufficient to accommodate:

a.

For Class 1 and 2 soils, a minimum of fifty (50) percent of the capacity of the initial on-site wastewater system and;

b.

For all other soil classes, a minimum of one hundred (100) percent of the capacity of the initial on-site wastewater system.

3.

Exceptions to the above provisions:

a.

The residue (the remaining portion) of the original lot is twenty (20) acres or larger. The following statement shall be clearly noted on the plat for this lot: "The approval of this residue lot by the County of Nelson does not certify or guarantee the owner or purchaser the presence of adequate soils to support an on-site wastewater treatment system for any development as no demonstration has been made by the developer/subdivider of the same."

b.

A lot with an existing on-site septic system.

E.

Alternative Waste Treatment Systems.

1.

Where an alternative waste treatment system is to be used, the developer/subdivider shall provide to the Agent documented proof that the soils and parent materials are satisfactory to the Virginia Department of Health, and shall obtain approval of the alternative waste treatment system from the appropriate state agency, including the Virginia Department of Environmental Quality and the Virginia Department of Health. Such documented proof and approval shall be filed as an addendum with the final subdivision plat.

2.

In all zoning districts, the reserve area for an alternative waste treatment system shall be sufficient to accommodate a minimum of one hundred (100) percent of the capacity of the primary area.

(Ord. No. O2008-09, § 1, 11-18-08; Ord. No. O2013-02, § 1, 3-12-13; Ord. No. O2009-04, § 1, 6-9-09)

4-5
Fire Protection.

A.

Fire Hydrants. Where public water is available, the developer/subdivider shall install fire hydrants. The location and number of fire hydrants shall comply with the regulations of the Nelson County Service Authority.

B.

Dry Hydrants. Where public water is not available and the subdivision contains fifteen (15) or more lots, any one of which is five (5) acres or less in area, the developer/subdivider shall provide both a dry hydrant with a natural or manmade water source meeting the specifications contained in the National Fire Code for the subdivision density and an all-weather access road to the same. A Maintenance agreement shall be submitted detailing how the dry hydrants will be maintained by the property owners and/or developer.

(Ord. No. O2013-02, § 1, 3-12-13)

4-6
Streets. Any and all streets that are not constructed to meet the standards necessary for inclusion in the system of State highways will be privately maintained and will not be eligible for acceptance into the system of State highways unless improved to current Department of Transportation standards, with funds other than those appropriated by the General Assembly and allocated by the Commonwealth Transportation Board.

A.

General Standards. The following general standards of design shall apply to both private streets and streets which the developer/subdivider plans to petition the Virginia Department of Transportation to accept into the state's secondary road system, for maintenance.

(1)

Street Alignment. Where practical, proposed streets shall align with platted or existing streets.

(2)

Street Angle. The angle of intersection between streets shall be as close to a right angle (ninety (90) degrees) as possible, and in no case less than seventy-five (75) degrees, unless approved by the commission or agent for specific reasons of contour, terrain, or matching of existing patterns.

(3)

Street Layout. Streets in predominantly residential subdivisions shall be designed to discourage through traffic. Offset or jog streets shall not be permitted, unless approved by the commission or agent for specific reasons of topography.

B.

Street Names. All streets within a proposed subdivision shall be named. 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 a street name be used more than once within a proposed subdivision, nor duplicate the name of an existing street (irrespective of the use of the suffix street, avenue, boulevard, drive, way, place, lane or court). Street names must be approved by the agent. Names of existing streets shall not be changed except by approval of the agent.

C.

Construction Standards for Private Streets. Each private street shall have a street width of not less than fifty (50) feet. For gravel roads the average grade shall not exceed fifteen (15) percent and the maximum grade permitted on any section of an unpaved (not surface treated) private street shall be twenty (20) percent. Drainage shall be accomplished in accordance with an approved plan submitted under the Nelson County Erosion and Sedimentation Control Ordinance. All culverts shall be constructed to VDOT standards. All bridges shall be designed by an engineer and meet the standards and specifications for their intended use.

Class 1. Private streets serving three (3) through twenty (20) lots shall consist of a minimum width of sixteen (16) feet of surfaced roadway with shoulders constructed as in Figure 1. The road surface shall consist of a minimum of six (6) inches of compacted crushed aggregate (see Figure 1. for minimum cross-section requirements).

Class 2. Private streets serving twenty-one (21) or more lots, any of which is five (5) acres or less, shall be built to VDOT's Standard Category I cross-section, and shall consist of a minimum width of eighteen (18) feet of surfaced roadway with shoulders constructed to VDOT standards on both sides of the roadway. The road surface shall consist of a minimum of CBR 10 subgrade with six (6) inches of compacted aggregate #21 or #21A with prime and double seal surface treatment (see Figure 2. for minimum cross-section requirements).

Class 3. Where lot size is greater than five (5) acres, road specifications shall conform to Class 1, above.

D.

Streets to be Dedicated for Public Use. All streets that are to be dedicated to public use shall be constructed in accordance with the standards of the Virginia Department of Transportation.

E.

Sidewalks, Curbs and Gutters. All planned sidewalks, curbs and gutters shall be built to the standards of the Virginia Department of Transportation.

F.

Alleys. An alley with a right-of-way of not less than twenty (20) feet may be provided in the rear of commercial and industrial properties. No dead-end alleys of any kind shall be allowed.

G.

Reserved Strips. Reserved or spite strips restricting access to streets or alleys shall not be permitted, provided that nothing herein shall prohibit areas of scenic planting and landscaping where adequate access is otherwise available.

H.

Reserved.

I.

Service Drives. Whenever a proposed subdivision contains or is adjacent to a multilaned divided highway, provision shall be made for a service drive approximately parallel to such highway to serve the lots adjacent thereto. The area between the service drive and the divided highway right-of-way shall be sufficient to provide for scenic planting and screening, except where impractical by reason of topography.

J.

Right-of-Way Dedication. When lots in a subdivision abut one side of any street within the Virginia Department of Transportation's system of secondary streets having less than twenty-five (25) feet of right-of-way, measured from the centerline of the street to the subdivision property line, the developer/subdivider shall dedicate to the Commonwealth of Virginia enough land to extend the right-of-way boundary to twenty-five (25) feet measured from the centerline of the street. The developer/subdivider shall not be responsible for any grading or surface treatment of the dedicated area.

K.

Permanent Monuments. Permanent monuments shall be placed by the developer/subdivider in the ground at all corners, angle points and curvatures in the right-of-way lines of all streets; and at all lot corners within the subdivision prior to approval of the final plat by the Planning Commission. If placement of monuments at the above mentioned points is impossible because of the topography, reference monuments may be set where appropriate. Monuments shall be constructed of stable material not less than four (4) inches square or four (4) inches in diameter and at least thirty (30) inches long; or monuments may be iron or steel pipe not less than one-half (½) inch nor more than one (1) inch in diameter and at least twenty-four (24) inches long. When rock is encountered a hole may be drilled four (4) inches deep in the rock 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; or a reference monument may be set at an appropriate point.

L.

Access Management.

(1)

Entrance to Public Road. Any entrance from a subdivision street onto a public street or onto a street which the developer/subdivider plans to dedicate for public use, shall be constructed in accordance with VDOT standards.

(2)

Residential Entrance to Public Road. Whenever a proposed subdivision has three or more lots adjacent to a public road, except for a multi-lane divided highway, the approving agent and/or Planning Commission may require a shared driveway between the lots instead of each lot having its own separate entrance.

(3)

Service Drives. Whenever a proposed subdivision contains or is adjacent to a multi-laned divided highway, provisions shall be made for a service drive approximately parallel to such highway to serve the lots adjacent thereto. The area between the service drive and the divided highway right-of-way shall be sufficient to provide for scenic planting: and screenings except where impractical by reason of topography.

(Res. of 11-8-94; Ord. No. O2007-004, 5-21-07; Ord. No. O2013-02, § 1, 3-12-13)

4-7
Lots.

A.

Lot Size. Minimum lot sizes for residential lots shall conform to the Nelson County Zoning Ordinance in effect at the time of the filing of the preliminary plat.

B.

Lot Shape. The lot arrangement, design, and shape shall be such that lots will provide satisfactory and desirable sites for buildings, and be properly related to topography, and conform to the requirements of this ordinance. No more than fifteen (15) percent of the total number of lots within a subdivision shall have odd shaped elongations for the purpose of providing the minimum area required by the Nelson County Zoning Ordinance, or for the purpose of providing individual lot access to streets.

C.

Lot Location. Every subdivision lot shall front on a street.

D.

Corner Lots. Corner lots shall have sufficient width for maintenance of any required building setback line on both streets as set forth in the Nelson County Zoning Ordinance.

E.

Lots Fronting on Private Streets. Any lot fronting on a private street shall enter onto the private street, and shall have no immediate access to any public street.

F.

Remnants or Outlots. No subdivision shall have a lot remnant or outlot which is less in size than the minimum permitted under the Nelson County Zoning Ordinance unless such lot is reserved as open space as defined herein.

4-8
Blocks.

A.

Width. Blocks shall be wide enough to allow two (2) tiers of lots of minimum depth fronting on all streets unless prevented by topographical conditions or size of the property in which case the agent may approve a single tier of lots of minimum depth. Double frontage or reversed frontage lots shall not be permitted except where essential to provide separation of residential development from streets or to overcome disadvantage of topography.

B.

Orientation. Where a proposed subdivision will adjoin a major highway, blocks shall be oriented to minimize the number of access points to the major highway.