Private streets may be
authorized by the agent in accordance with the applicable provisions of the zoning
ordinance as it applies to planned developments, cluster subdivisions, and attached
residential development and shopping centers. Where authorized, private streets shall
conform with the following requirements:
(a) The streets shall
be designed to meet or exceed the geometric standards specified by
the VDOT Subdivision Street Design Guide, provided however that the
agent may approve minor deviations where the resulting design is
clearly equal to or superior to that which would otherwise result.
(b) The streets shall be designed to meet or exceed the construction
standards specified by the VDOT Subdivision Street Design Guide,
provided however that where unique or nonstandard surface treatments
are proposed, the agent may approve deviation from the standards
provided that the subdivider provides evidence, certified by a
professional engineer, that the proposed alternative will have the
same or reduced maintenance requirements as would the otherwise
required surface treatment.
(c) A duly constituted property owners' association shall be vested
with ownership of and maintenance responsibility for private streets
at the time of recordation.
(d) As provided by section 15.2-2242-3, Code of Virginia, each plat
on which such a private street is shown shall contain, in addition
to all other required notations and certifications, the following
notation prominently displayed in, at minimum, twelve (12) point
lettering:
THE STREET(S) SHOWN HEREON IS/ARE PRIVATE, MAY NOT MEET STATE
STANDARDS, AND WILL NOT BE MAINTAINED BY EITHER THE COMMONWEALTH OF
VIRGINIA OR THE COUNTY OF YORK. MAINTENANCE OF THE ROAD(S) AND
RIGHT(S)-OF-WAY SHOWN HEREON IS/ARE THE RESPONSIBILITY OF THE
PROPERTY OWNERS ASSOCIATION FOR THE LOTS CREATED BY THIS PLAT.
Grantors of any subdivision lot to which the above statement applies
must include the statement on each subsequent deed of conveyance
thereof.
(e) The subdivider shall be required to guarantee and post surety
for the construction of any private streets authorized herein.
(f) Private streets shall be inspected at the expense of the
subdivider both during and after construction by an independent
testing and engineering firm to ensure that the road design and
construction meets or exceeds the standards of the department of
transportation for public roads of the same class and volume.
Certification to this effect by an engineer licensed in Virginia
shall be submitted to the agent together with relevant logs and
reports prior to the issuance of a certificate of occupancy for any
structure having its sole access from a private street.