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ARTICLE
VI. DESIGN STANDARDS
DIVISION 2. STREETS AND ROADS
Sec. 20.5-92.
Alignment and layout.
(a) In accordance with section
15.2-2241-2, Code of Virginia, all proposed streets shall be designed to coordinate with
other existing or planned streets contiguous to or within the general area of the
subdivision or within existing or future adjacent subdivisions as to location, width,
grades, and drainage. Connections with existing or platted streets shall be continuous
without offset.
(b) The agent shall require that adequate rights-of-way are
platted and dedicated for public use to the boundary line(s) of the subdivision which will
afford desirable and safe street access to adjoining properties when such properties are
of a compatible land use designation. In such cases, the following requirements shall
apply:
(1) These rights-of-way shall be
clearly marked on the plats and labeled "Future Public Street" or
"Future Public Street Extension" as appropriate. In addition, a sign
shall be posted on the stub street right-of-way indicating that it
is intended as a “Future Public Street Extension.” Such sign shall
be fabricated and installed by the County, with the costs of
fabrication/installation to be paid by the subdivider.
(2) The following notation in, at a minimum, twelve (12) point
lettering shall be incorporated into any plat showing a stub or future street:
THIS RIGHT-OF-WAY IS PLATTED WITH THE INTENT OF BEING EXTENDED
AND CONTINUED IN ORDER TO PROVIDE INGRESS AND EGRESS TO AND FROM ADJOINING PROPERTIES.
(3) The following statement shall be included on the conveyance
documents for any lot on a stub or future street:
THE RIGHT-OF-WAY UPON WHICH THIS LOT FRONTS HAS BEEN PLATTED
WITH THE INTENT OF IT BEING EXTENDED AND CONTINUED IN ORDER TO PROVIDE INGRESS AND EGRESS
TO AND FROM ADJOINING PROPERTIES, AS SHOWN ON THE PLAT RECORDED IN PLAT BOOK ______, PAGE
______INSTRUMENT NO.________, CIRCUIT COURT FOR YORK COUNTY.
(c) Where a
street right-of-way in an existing subdivision or development has been platted to the
boundary line of a proposed subdivision, it shall be extended and continued into such
proposed subdivision unless the extension is specifically precluded by an approval by the
board of an overall development master plan for the proposed subdivision as part of the
establishment of a planned development district, or unless a waiver is granted by the
agent after review by the department of transportation and upon the agent making one of
the three findings enumerated in subparagraph (1) below:
(1)
Findings:
a. Such an
extension would cause or contribute to a safety deficiency which could not be corrected in
a practical or economically efficient manner as determined by the agent. In such cases,
the subdivider shall be responsible for providing sufficient right-of-way and constructing
within said right-of-way a permanent turnaround acceptable to the department of
transportation to end the existing street.
b. The street right-of-way in the existing
subdivision, although platted, has not had a street constructed within it, is not
contained in the comprehensive plan, and it is unlikely that, in the foreseeable future,
such a street will be so constructed. In such cases, the subdivider shall not be
responsible for providing a turnaround acceptable to the department of transportation.
c. The existence of significant
environmental conditions such as tidal or upland wetlands or
severe slopes that, in the opinion of the subdivision agent,
were not known or adequately considered at the time the
potential extension was platted. The need for the installation
of a permanent turnaround by the subdivider shall be determined
by the agent on a case-by-case basis based on local site
conditions.
(2) A traffic
operations and safety analysis of all connections shall be performed
by a transportation planner or engineer or other professional
qualified to perform such analyses. Such analyses shall be used by
the agent in determining whether to require interconnection and, if
so, whether traffic-calming measures should be included in the
design, or whether to grant a waiver. The traffic operations and
safety analysis shall be submitted by the developer with the
preliminary subdivision plan.
(3) Upon review of
the proposed subdivision plan and relevant traffic operations and
safety analyses, the agent shall render a decision concerning
whether to require interconnection, to require interconnection with
traffic-calming measures, or to grant a waiver from the
interconnection requirement. If the agent decides to require
interconnection and if the subdivision street(s) to which the
connection would be made pre-dates the notice requirements specified
in subsections (b)(1), (2) and (3) above, the agent shall, prior to
approval of the Preliminary Plan, provide written notice of the
decision to the developer and to the owners of record of parcels
fronting on the road right-of-way to be extended and to any duly
constituted property owners association representing adjacent lots
or parcels. The notice shall state the location and times at which
the plans and relevant traffic analyses may be examined. Inadvertent
failure to provide such notice to one or more property owners shall
not invalidate any aspect of the subdivision process
(4) No waiver may
be granted if, by the granting of said waiver, any other provision
of this chapter or the zoning ordinance would be violated, including
specifically the requirement for two points of access required by
section 20.5-92(e) of this chapter.
(5) The decision of
the Agent with respect to requiring interconnection and granting or
not granting a waiver may be appealed by any person or persons
individually or severally aggrieved to the planning commission
within fifteen (15) days of notice of the decision having been
mailed to the parties referenced above. The inadvertent failure to
notify one or more property owners shall not extend the time frame
for appeal. The commission, after conducting a public hearing
advertised in accordance with the terms of section 15.2-2204, Code
of Virginia, and upon reaching one of the findings enumerated in
subsection (1) above, may affirm or overturn the decision of the
agent and may impose reasonable conditions as a part of its
decision. The fifteen-day time limit notwithstanding, the developer
of a subdivision may appeal to the planning commission at any time
during the course of development of the project.
(6) In situations
where the agent or the planning commission grants a waiver to the
street interconnection requirement, an alternative means for bicycle
and pedestrian access may be required to be provided in close
proximity to the otherwise required street based on local site
conditions. Such bicycle and pedestrian facilities shall be either
within an existing right-of-way or in a separate right-of-way and
shall be designed and constructed in accordance with Figure VI-B in
appendix A or with the standards used by the Virginia Department of
Transportation for such facilities. Where the facility is designed
to include the 16-foot wide base depicted in that figure, it will be
deemed to satisfy the two points of emergency access required by
section 20.5-92(e).
(d) Street intersections shall be spaced and
designed in accordance with the standards set forth in the Virginia
Department of Transportation Subdivision Street Design Guide, dated
January 1, 2005, and as may be amended from time to time.
(e) All subdivisions
of twenty-five (25) or more lots shall have two (2) means of ingress
and egress. A boulevard type of street design providing a minimum
ten-foot (10’) wide median between lanes or other design generally
achieving the same purpose may be accepted by the Agent, with the
concurrence of the Department of Fire and Life Safety, as satisfying
this requirement when the provision of two (2) separate means of
ingress and egress is determined to be difficult or undesir-able.
Such boulevard type streets shall extend as far into the subdivision
as the first cross street which provides an alternate circulation
route. Median breaks shall be provided at street intersections and
at other appropriate locations to en-sure good traffic circulation
and delivery of emergency services. Street trees shall be planted in
the medians of boulevard-type streets at a minimum interval of one
(1) tree for each forty feet (40’) of median length
(Ord. No. O98-20, 11/4/98; Ord.
No. 099-6, 4/7/99; Ord. No. 05-33, 12/20/05) |