Draft subdivision ordinance, New Kent County, Virginia

[From the U.S. Government Printing Office, www.gpo.gov]

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NEW KENT COUNTY

UBDIVISION ORDINANCE

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NEW KENT COUNTY

UBDIVISION ORDINANCE

The preparation of this ordinance was funded, in part, by the
Virginia Council on the Environment's Coastal Resources Management
Program through grant #NA170ZO359-01 of the
National oceanic and Atmospheric Administration under the
Coastal Zone Management Act of 1972 as amended.

Prepared by
Richmond Regional Planning District Commission
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ARTICLE IV. Subdivisions

For State Code provisions relating to subdivision
ordinances see Code of Virginia, Section 15.1-465, et seq.

The original New Kent County Subdivision Ordinance was
adopted July 1, 1962, amended January 16, 1968, June 26,
1972, May 23, 1973, September 4, 1973, July 10, 1973,
October 8, 1973, and January 2, 1985. The current
ordinance was amended and readopted January 7, 1986,
revised October 19, 1987 and November 15, 1991.

Division 1. General Administrative Provisions.

Sec. 9-350. Purpose.

The purpose of this article is to establish certain subdivision
standards and procedures for New Kent County, Virginia, and such of its
environs as come under the jurisdiction of the governing body as provided
for by the Code of Virginia 1950, as amended. These standards are
designed to:

A. Promote the health, safety and general welfare of the residents
of the County.
B. Facilitate future land development in coordination with the
comprehensive plan and zoning ordinance.
C. Protect the land, air, and water of the County so that life-
support capabilities of both human and nonhuman species are not
impaired.
D. Protect and improve the water quality of the Chesapeake Bay and
its tributaries.
E. To provide for adequate drainage and flood control.
F. Encourage well planned subdivisions by establishing
environmentally adequate standards for design and improvement.
G. Provide for the coordination of existing and planned streets
and safe and efficient circulation patterns.
H. Ensure conformance and coordination of land subdivision plans
with the capital

improvement plan of the County and with similar plans in
adjacent counties.

I. Improve land records by establishing standards for surveys and
plans.

J. Safeguard the interests of the public, the homeowner and the
subdivider, including the interest of public disclosure and
consumer protections.

K. Secure equitable handling of all subdivision plans by providing
uniform procedures and standards.

Sec. XXX. Jurisdiction.

A. This ordinance shall apply to the subdivision, as defined
herein, of all land located within New Kent County, Virginia.

Sec. XXX. Enactment.

in order that land may be subdivided in accordance with these
purposes, these subdivision regulation are hereby adopted and become
effective (insert date).

Sec. XXX. Compliance with ordinance mandatory.

No person shall subdivide any tract of land located within New Kent
county except in conformity with the provisions of this article.

Sec. XXX. Interpretation, Conflict, Private Contracts, and
Separability.

A. In their interpretation and application, the provisions of
these regulations shall be held to be the minimum requirements
for the promotion of the public health, safety, and general
welfare.

B. Whenever the requirements of this article impose more stringent
regulations or requirements than those imposed in any other
statute, ordinance or regulation, then the provisions of this
article shall control. Whenever the provisions of any other
statute, ordinance or regulation are more stringent than the
provisions of this article, then the provisions of such other
statute, ordinance or regulation shall govern.

C. This article bears no relation to any private easement,
covenant, condition, a .greement or restriction, nor is the
responsibility of enforcing any such private easement,
covenant, condition, agreement or restriction implied herein
to any public official. When this article calls for more
restrictive standards than are required by private ciontract,
then this article shall control.

D. The provisions of this ordinance are separable. If a section,
sentence, clause, or phrase of this ordinance is adjudged by
a court of competent jurisdiction to be invalid, the decision
shall not affect the remaining portions of this ordinance.

See. 9 351 Definitions

For the purpose of this article, certain words and terms used herein
shall be interpreted or defined as follow: Words used in the present
tense shall include the future; the word "lot" includes the word
"parcel"; the word "approve" shall be considered to be followed by the
words "or disapproved", and any reference to this article includes all
ordinances amending or supplementing the same. Unless the context
specifically requires otherwise,the definitions set forth in Article III
of this chapter shall apply in the same manner to this article The
following terms shall have the meanings respectively ascribed to them
below notwithstanding the fact that a different meaning may be set forth
in Article III:

AGENT. The Director of Planning for New Kent Country.

CONSUMER. Any person contacted as a potential purchaser, lessee,
or renter as well as one who actually purchases, leases, or rents
property in the subdivison.

DEVELOPER. An owner of property being subdivided, whether or not
represented by an agent.

EASEMENT. A grant by a property owner of the use of land for a
specific purpose or purposes.

Family, Immediate. Any person who is natural or legally defined
offspring, spouse, parent, or grandparent of the owner.

Highway Engineer. The resident engineer employed by the Virginia
Department of Transportation and Responsible for New Kent County.

PARENT TRACT. A lot parcel, or tract of land legally established,
subdivided, or created under county code requirements effective at the
time before November 20, 1985, of which a plat or legal description is
recorded in the Circuit Court Clerk's Office.

PLAT. A map or plan of a tract or parcel of land which is to be or
has been subdivided. Plat includes the term map, plot, replat, or
replot. When used as a verb "plat" is synonymous with "subdivide".

PROPERTY. Any tract, lot parcel or several of the same collected
together for the purpose of subdividing.

PUBLIC USE OF STREET OR ALLEY. The unrestricted use of a specified
area or right of way for ingress or egress to two or more abutting
properties.

Sec. 9-354. Mutual responsibility of subdivider and County.

It is the mutual responsibility of any subdivider and the
County of New Kent, Virginia, to divide land so as to improve
the general use pattern of the land being subdivided.

Sec. 9-355. Administration and enforcement authoritv.

A. The agent appointed by the governing body is hereby
delegated the authority to administer and enforce this article.
In so acting, the agent shall be considered the agent of the
governing body, and approval or disapproval by the agent shall
constitute approval or disapproval as though it were given by
the governing body-

B. Notwithstanding paragraph A, preliminary approval of
subdivisions shall be given only by the Planning commission.

C. Notwithstanding paragraphs A and B above, all
requirements of this article pertaining to the construction of
public improvements and facilities and the performance
guarantees therefore shall be reviewed and approved only by the
governing body.

D. The agent shall perform his duties regarding
subdivision and subdividing in accordance with this article and
in accordance with the laws of the Commonwealth of Virginia.
In the performance of his duties, the agent may call for written
opinions or decisions from other departments and agencies
concerning the details of any submitted plat. This authority
of the agent shall have particular reference to the VDOT
Resident Engineer and the Health Department. In addition to the
requirements this article, the agent may from time to time
establish any reasonable additional administrative procedures
deemed necessary for the proper administration of this article.

ti-te previsiens ef thi:9. at-tiele, then th- lens ef sueh
ethei- statute, erdinanee ev requiatien shall Elevern.
Sec. 9-@357. Restrictions iorior to preliminary- and -final
approval.

A. No person shall commence construction on a subdivision
or development or public improvements therein with out first
obtaining preliminary subdivision approval from the commission.
No preliminary approval shall be issued unless and until the
requirements of this article shall have been satisfied.

B. No person shall sell or auction for sale any real
estate interest in any subdivision or development in New Kent
County nor shall any building permit be issued for any
residential construction within such subdivision until final
approval has been given in accordance with the requirements of
this article and the plat of such subdivision has been recorded.

Sec. 9-358. Fees.

There shall be a charge for the examination and the
approval or disapproval of every plat reviewed by the agent.
At the time of filing the preliminary plat, the subdivider shall
deposit with the agent a check payable to the Treasurer of New
Kent County in the amount of Five Hundred Dollars ($500.00) per
plat and Fifteen Dollars ($15.00) for each lot contained
thereon. if the subdivision contains more than two (2) lots but
less then ten (10) lots, the charge shall be Fifty Dollars
($50.00) per plat and Twenty-Five Dollars ($25.00) for each lot.
If the subdivision contains no more than two (2) lots or
involves a transfer to a member of the immediate family of the
owner or involves an exchange between adjoining landowners which
does not create an additional building site, the charge shall
be Twenty-five Dollars ($25.00). (6/12/89)

Sec. 9-359. Waiver of and exceptions to requirements.

Where the subdivider can show that some provision of these
standards would eaese unneeessary haedsh---p prohibit reasonable
use of the land if strictly adhered to, and where, because of
topographical or other conditions peculiar to the site, in the
opinion of the agent a departure may be made without destroying
the intent of such provisions, the agent may authorize an
exception. Any such exception is to be stated in writing in the
report of the agent together with the reasoning on which the
departure was justified. No such variance or exception may be
granted if after notice, the agent's decision is opposed in
writing by the VDOT Resident Engineer, the Director of Public
Works, or the Health Department within fifteen (15) days or the
Planning commission and the Board of Supervisors at their next'
regularly scheduled meetings.

sec. 9-360. Changes in documents -Drohibited.

No change, erasure or revision shall be made on any
preliminary or final plat, nor on accompanying data sheets after
approval of the agent has been endorsed in writing an the plat
or sheets, unless authorization for such changes shall be
received from the agent.

Sec. 9-361. Where article filed.

A copy of this article shall be on file in the office of
the County Administrator and in the clerks Office of the
Circuit Court of New Kent County.

Sec. 9-362. Amendments.

This article may be amended in whole or in part by the
governing body provided that any such amendment shall either
originate with or be submitted to the commission for
recommendation; and further provided that no such amendment
shall be adopted without a public hearing as required by law.
No amendment shall be adopted by the governing body without
receiving the recommendation of the Planning Commission unless
sixty (60) days shall have passed after reference to the
commission.

Sec. 9-363. Violations and menalties.

A. No person shall sell or transfer any land of a
subdivision before such plat has been duly approved and recorded
as required herein, unless such subdivision was lawfully created
prior to the adoption of a subdivision ordinance applicable
thereto. Nothing in this article shall be construed to prevent
the recordation of the instrument by which the land is
transferred or the passage of title between the parties to the
instrument.

B. No subdivision plat shall be recorded unless and until
it shall have been submitted to and approved by the agent in
accordance with the requirements of this article.

C. Upon and after the effective date of this article, the
Clerk of the Circuit Court shall not file or record a plat of
a subdivision required to be recorded until such plat has been
approved as required herein, and the penalties provided by
Section 17-59 of the Code of Virginia shall apply to any failure
of the Clerk to comply with this requirement.

D. Any person, firm or corporation whether as principal,
agent, employee or otherwise violating, causing or permitting
the violation of any of the provisions of this article shall be"
guilty of a misdemeanor and upon conviction thereof shall be

subject to a fine of not less than Five Hundred Dollars
($500.00) nor more than One Thousand Dollars ($1,000.00) and/or
a jail term of up to twelve (12) months for each lot or parcel
of land subdivided or transferred or sold in violation of this
article. The description of such lot or parcel by metes and
bounds in the instrument of transfer or other document used in
the process of selling or transferring shall not exempt the
transaction from the penalties or remedies set forth herein.

E. All departments, officials, and public employees of
this jurisdiction which are vested with the duty or authority
to issue permits or approvals under this article shall conform
to the provisions of this article. Any such approvals or
permits if issued in conflict with the provisions of this
article, shall be null and void.

F. No building permit shall be granted for construction
on any lot created in violation of the provisions of this
article or on any lot in a subdivision which is not covered by
current performance agreements and guarantees as required by
Section 9-397.

G. The agent shall have the authority to bring any
necessary action in the appropriate court of New Kent County to
restrain, correct or abate any violation of this article by
injunction or otherwise.

Sec. 9-351. Definitions.

For the purpose of this article, certain words and terms
used herein shall be interpreted or defined as follow: Words
used in the present tense shall include the future; the word
"lot" includes the word "parcel"; the word "approve,@ shall be
considered to be followed by the words Uor disapproved"; and any
reference to this article includes all ordinances amending or
supplementing the same. Unless the context specifically
requires otherwise, the definitions set forth in Article III of
this chapter shall apply in the same manner to this article.
The following terms shall have the meanings respectively
ascribed to them below notwithstanding the fact that a different
meaning may be set forth in Article III:

AGENT. The Director of Planning for New Kent County.

CONSUMER. Any person contacted as a potential purchaser,
lessee, or renter as well as one who actually purchases, leases,
or rents property in the subdivision.

DEVELOPER. An owner-of property being subdivided, whether or
not represented by an agent.

EASEMENT. A grant by a property owner of the use of land for
a specific purpose or purposes.

FAMILY,, IMMEDIATE. Any person who is a natural or legally
.defined offspring, spousel parent, or grandparent of the owner.

PARENT TRACT. A let, pareel, er tract ef land legaArly
established, subdivided, er created under eeunty eed-e
--%I-,-e-ents effeetive at the time before Nevember 20, 1965, ef
which a plat er legal deseriptiee is recorded in the eireult
eeui-t eierk's effiee. A separate lot, tract or parcel of land
conveyed by deed, devised by will or passing pursuant to the
laws of descent and distribution, which was obtained, in toto,
by one (1) instrument or passed pursuant to the laws of descent
and distribution and which was on record in the office of the
circuit Court of the County on or before November 20, 1985. For
the purposes of this. definition, tracts separated by a right-of-
way of any kind are deemed one parcel. Those lotst tracts or
parcels conveyed by the same deed, devised by the same will or
passing pursuant to the laws of descent and distribution to the
same individual, in which are defined as individual tracts of
land, are deemed separate parent tracts.

PLAT. A map or plan of a tract or parcel of land which is to
be or has been subdivided. Plat includes the term map, plan,
plot, replat, or replot. When used as a verb "plat" is
synonymous with "subdivide".

PROPERTY. Any tract, lot parcel or several of the same
collected together for the purpose of subdividing.

PUBLIC USE (STREET OR ALLEY). The unrestricted use of a
specified area or right-of-way for ingress or egress to two or
more abutting properties.

STREET, RESIDENTIAL ACCESS. A street intended to carry the
least amount of traffic at the lowest speed and provide the
safest and most desirable environment for a residential
neighborhood.

STREET, SUBCOLLECTOR. A street carrying more traffic than a
residential access street which provides an acceptable
environment for a residential neighborhood.

STREET, COLLECTOR. A street that will carry the largest volume
of traffic at higher speeds within a residential subdivision.
Such streets may carry traffic from one neighborhood to another
''or-from-the,neighborhood to other areas of the communi y.
*t

STREET, SERVICE DRIVE. A public right-of-way generally parallel
and contiguous to a major highway, primarily designed to promote'

safety by eliminating unlimited ingress and egress to the
highway by providing safe and orderly points of access.

STREET, WIDTH. The total width of the strip of land dedicated
or reserved for public travel, including roadway, curbs,
gutters, sidewalks, and planting strips.

SUBDIVIDER. An individual, corporation or registered
partnership owning any tract, lot or parcel of land to be
subdivided, or a group of two or more persons owning any tract,
lot or parcel of land to be subdivided, who have given their
power of attorney to one of their group, or to another
individual to act on their behalf in planning, negotiating for,
in representing, or executing the legal requirements of the
subdivision.

SUBDIVIDE.
The division of any tract or parcel of land into
two or more parcels, any of which is less than fifteen (15)
acres in area for the purpose of transfer of ownership or
building development; however, private street standards of
section 9-430 shall apply for all lots fifteen (15) f eet or
more. All lots twenty five (25) acres or more shall be accessed
by an unimproved fif ty (50) f oot deeded right-of -way. This term
includes resubdivision and when appropriate to the context shall
relate to the process of subdividing or to the land subdivided.

VDOT Resident Engineer. The resident engineer employed by the
Virginia Department of Transportation and responsible for New
Kent county.

NOTE: For exceptions and special conditions, see
Division 5 of this article.

Secs. 9-364 to 9-369. Reserved for future legislation.

Division 2. Subdivision Recruirements.

Sec. 9-370. -Improvements to be installed by developer.

A. All required subdivision improvements shall be
installed by the subdivider at his cost. In cases where
specifications have been established by a governmental agency
for streets, curbs, water, sewage, or other public improvements,
the most recent version of such specifications shall be
followed.

B. Prior to initiating grading or other on-site activities
on any portion of the property to be subdivided, all wetlands
permits required by federal, state, and local laws and
regulations shall be obtained and evidence of such submitted to
the subdivision agent. (11/29/91)

sec. 9-371. Land unsuitable for subdivision.

Land subject to flooding, as identified by state or federal
agency flood hazard maps or studies, shall not be platted for
any use which may increase the danger to health, life, or
property of the citizens of the County or aggravate erosion or
flood hazards. Any such land which exists within a subdivision
shall be set aside on the plat for such uses as shall not be
endangered by periodic or occasional inundation or shall not
produce conditions contrary to the public welfare. Any such
land may be included within a platted lot but the area of such
land may not be used to satisfy minimum lot area requirements.

Sec. 9-372. Easements.

Easements shall be of sufficient width to permit the use
for which provided and shall include the right of ingress and
egress over the easement area for installation and maintenance.
The agent may require that easements for drainage through
adjoining properties be provided by the subdivider. Easements
for water! sewer, power lines, telephone and other utilities
shall not be less than ten (10) feet in width.

Sec. 9-373. Underground utilities required.

All utilities, including electricity, a-Rd telephone, and
cable television shall be underground.

Sec, 9-374. water and sewer facilities.

A. Central water systems shall be constructed by the
subdivider at his cost in all subdivisions unless otherwise
specifically provided in this article.

B. The construction and operation of all such central
water systems shall be in conformance with BI-Asien 9: ef Arti -
!I! ef Ghapter 8 Chapter 8, Article 111, Division I of the New
Kent County Code.

C. Where public sewage or water is available within two
thousand (2,000) feet of any subdivision or if the County should
have previously approved plans to install the same within five
(5) years from the date of the platting proposal, then trunk and
lateral lines shall be installed by the subdivider at his cost,
and if public lines are in existence, the subdivider shall
connect to the existing lines provided that point is no more
than two thousand (2,000) feet distant. If public lines are
planned but not installed, then the facility shall be
constructed to the limits of the subdivision in accordance with
the approved plan. The distance specified herein shall be
measured in a straight line from the nearest boundary of the
subdivision to the nearest available or planned line. Actual
construction may have to be along a more indirect route.

D. Whenever the governing body has established a general
sewer and drainage improvement program applicable to the land
proposed for subdivision or a portion thereof, the subdivider
shall pay a pro rata share of providing reasonable and necessary
sewage and drainage facilities located outside the property
limits of the land owned or controlled by him, which facilities
are necessitated or required at least in part by the
construction or improvement of his subdivision or development.
Such share shall be the proportion of the total estimated cost
which the increased sewage flow and/or increased volume and
velocity of storm water runoff to be actually caused by the
subdivision or development bears to the total estimated volume
of such sewage and/or runoff from such area in its fully
developed state. Such share shall be calculated as a percentage
of the total estimated cost of the sewer and drainage
improvement program established by the county. Each payment
received shall be expended only for the construction of those
facilities for which the payment was required, and until so
expended shall be held in an interest-bearing account for the
benefit of the subdivider.

E. Nothing in this section shall prevent the installation
of privately owned sewage facilities in areas where public
sewage is not available, provided however, that all such
installations meet all the requirements of the State Water
Control Board, the State Health Department, any other state
agency, and the County of New Kent regarding such installation.

Sec. 9-375. Individual sewer.

Neither the agent nor the commission shall approve any
subdivision where sanitary sewers are not provided, unless the
agent shall receive in writing from the New Kent County Health
Department a statement to the effect that the lots contained
within the subdivision are generally satisfactory for the
installation of septic tanks or some other sewage disposal
system, and that such tanks or other systems so far as can be
determined will not create hazards to the public health or
natural environment. Such approval shall be given only with the
understanding that where septic tanks or other systems are to
be installed, these must be approved on an individual lot basis
by the Health Department. Any areas not suitable for the
installation of private sewage disposal systems must be included
within land that is suitable so that only buildable lots are
created and shown on the final plat.

Sec. 9-376. Fire protection.

Unless otherwise exempted, the installation of adequate
fire suppression systems in a subdivision at locations
approved by the agent shall be required if central water is
available.
The construction and operation of such fire suppression system
shall be in conformance with Chapter 8, Article III,
Division 1 of the New Kent County Code. (2/12/90)

Sec. 9-377. Lot arrangement, design and shape.

Lot arrangement, design and shape shall be such that lots
will provide satisfactory and desirable sites for building, be
properly related to topography, and conform to all requirements
of applicable regulations. Lots shall not contain peculiarly
shaped elongations solely to provide necessary square footage
of area when such area would be unusable for normal purposes.
Lot depth shall not exceed four (4) times lot width for lots
less than six (6) acres in area.

Sec. 9-378. Lot location.

Each lot shall abut on a street dedicated by the
subdivision plat, or on an existing publicly dedicated street,
unless otherwise specifically provided for in this chapter.

Sec. 9-379. Side lot lines.

Insofar as is practical, side lot lines shall be at right
angles to streets, and radial to curved streets.

Sec. 9-380. Double frontage lots.

For residential zoned subdivisions as classified by the
County Zoning Ordinance, double frontage lots, excluding corner
lots, shall contain an easement at least ten (10) feet in width,
along one of the frontage .s across which there shall be no right
of access to the lot from the right-of-way. This easement area
shall be used for the cultivation of buffer plantings.

Sec. 9-381. Lot remnants.-

All remnants of lots below minimum size left over after
subdividing a tract must be added to adjacent lots or otherwise
disposed of, rather than allowed to remain as unusable parcels.

Sec. 9-382. Lot numbering.

Lot, section, and block numbering shall be approved by the
agent and shall conform to the system adopted for use in the
County as a whole.

Sec. 9-383. Separate ownershiip of -lot to be subdivided.

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.

Sec. 9-384. Block length.

The maximum. length of blocks shall be fifteen hundred
(1,500) feet and the minimum length of blocks upon which lots
have frontage shall be five hundred (500) feet.

Sec. 9-385. Block orientation.

The agent may approve or disapprove block orientations,
based an consideration of the type of streets upon which the

block abuts and may limit access to certain streets if necessary
to promote traffic safety or other purposes of this article.
The authority of the agent to limit access to streets shall
include, but not be limited to Route 30, 33, 60, 155, 249, 273,
609, 612 and 665.

Sec. 9-386. Street alignment and layout.

A. The arrangement of streets in new subdivisions shall
make provision for the continuation of existing streets in
adjoining areas. The street arrangement must be such as to
cause no unnecessary hardship to owners of adjoining property
when they plat their own land and seek to provide for convenient
access to it. Wheref in the opinion of the agent, it is
desirable to provide for street access to adjoining property,
proposed streets shall be extended by dedication to the boundary
line of such property. Half streets along the boundary of land
proposed for subdivision are not permitted.

B. All street intersections shall be in accordance-with
VDOT standards and shall be laid out as nearly at right angles
as possible and in no case shall an intersection be at less than
eighty (80) degrees, unless approved by the VDOT Resident
Engineer.

C. The commission or the agent may require reasonable
changes in proposed alignments or additional rights-of-way for
existing or proposed streets or highways where necessary in
order to provide for improved traffic circulation, safety or
aesthetics.

Sec. 9-387. Street construct:@on standards.

All subdivision streets, unless otherwise specifically
provided in this article, shall be paved and shall be public in
nature with rights-of-way dedicated to the public use and with
no street having a right-of-way less than fifty (50) feet in
width. All street construction plans shall be submitted to the
Virginia Department of Transportation for their approval and all
construction of public subdivision streets, unless otherwise
permitted by this article, shall be in conformance with the most
recent VDOT standards and eligible for acceptance into the State
Highway System prior to the release of the performance bond.
All subdivision streets including private streets under the
provisions of Sections 9-427, 428 and 429 of this article shall
connect directly to a paved state-maintained roadway.

Sec. 9-388. Street hierarchy.

The design of subdivisions shall be such as to insure that
a street hierarchy system is established which separates streets'
by function. New residential streets shall be classified as

designed for their entire length as one of the following street
types.

A. Residential access streets -- These streets are the
lowest order street in the hierarchy. They are intended to
carry the least amount of traffic at the lowest speed and
provide the safest and most desirable environment for a
residential neighborhood. Development should be designed so
that all or the maximum number of homes possible will front on
this classification of street.

B. Residential subcollector street -- These streets are
the middle order street in the hierarchy. They will carry more
traffic than the residential access street and provide an
acceptable environment for a residential neighborhood.

C. Residential collector street --*These streets are the
highest order street within the residential subdivision. These
streets will carry the largest volume of traffic at higher
speeds. Residential collector streets in large residential
developments may carry traffic from one neighborhood to another
or from the neighborhood to streets connecting to other areas
in the community. Building lots should be avoided on
residential collector streets.

Sec. 9-389. Cul-de-sacs.

Cul-de-sacs shall not exceed fifteen hundred (1,500) feet
in length or serve more than twenty (20) residential building
lots. Each cul-de-sac shall be terminated by a turnaround
right-of-way of not less than one hundred (100) feet in
diameter.

Sec. 9-390. Service drives.

Whenever a proposed subdivision contains or is adjacent to
a major thoroughfare or arterial highway, the commission may
require that a service drive or service street approximately
parallel to the right-of-way be provided. The area between the
service drive and the major thoroughfare or artery shall be
sufficiently wide to provide an area for buffer planting or
screening. The commission may also require that on-site
driveways be designed so that vehicles may enter the r4:qht ef
%,a.y service drive without backing into the right-of-way.

Sec. 9-391. Street lo(:rs.

Street jogs with center line offsets of less than one
hundred and fifty (150) feet shall.be prohibited.....

Sec. 9-392. Reserved for future legislation.

Sec. 9-393. Street names.

Streets shall not duplicate or nearly duplicate the name
or sound of existing streets in the County. The continuation
of an existing street shall have the same name. All street
names and house numbers shall be approved and reserved Yy-the
Richmond Regional Street Name Coordinator and approved he
commission. The commission reserves the right to name pr 11 sed
streets, Street names shall be indicated on the preliminary and
final plat. The authority set forth in this paragraph may be
delegated to the agent.

Sec. 9-394. Street signs.

Street identification signs of a design approved by the
agent shall be installed at all intersections.

Sec. 9-395. Monuments.

Upon completion of subdivision streets, sewers, water
lines, and other improvements, the subdivider shall make certain
that all monuments required by the agent are clearly visible for
inspection and use. Such monuments shall be inspected and
approved by the Director of Public Works before any improvements
are accepted. The.fallowing monuments shall be required by the
agent:

A. Concrete monument location -- Concrete monuments four
(4) inches in diameter or square, three (3) feet long, with a
flat top, shall be set at all street corners, at all points
where the street line intersects the exterior boundaries of the
subdivision, and at right angle points, and point of curve of
each street. The top of the monument shall have an indented
cross to identify properly the location and shall be set flush
with the finished grade.

B. Iran rod monument location -- All lot corners shall be
marked with iron rods not less than three-quarters (3/4) inch
in diameter and twenty-four (24) inches long. All rods shall
be set no less than one inch or more than three (3) inches above
the finished grade at their respective locations.

Sec. 9-396. Reservation of land for public puriooses.

The agent or the commission may require subdividers of
residential subdivisions -.-to set aside land for parks,
playgrounds, schools, libraries, municipal buildings and similar
public and semipublic uses, subject to the following
regulations:

A. Subdividers shall not be required to dedicate land for
parks or playgrounds exceeding ten percent (10t) of the area of
the subdivision, exclusive of street and drainage reservations,
without reimbursement by the governing body. These areas, if
required, shall be suitable and adequate and shall be deeded to
the County at the time of recordation of the final plat. Where
land is required in excess of this amount, the reimbursement by
the governing body shall be based on the proportionate share of
t4te (1) the cost of raw land, (2) the cost of improvements,
including interest on investments, and (3) development costs-r.
and (4) met be mere than ten pereent (18@) prefit en the tetal
ef suelt eests. Such reimbursement shall not total more than ten
percent (10%) profit on the total of such costs.

B. Subdividers shall not be required to reserve land for
public purposes other than streets, utilities, drainage, parks
and playgrounds, except on a reimbursement basis. The amount
of the reimbursement will:be determined using the same factors
listed in paragraph A above. Reimbursement shall be made by the
County within twelve (12) months following the recordation of
the final subdivision plat. If the County does not purchase the
land within twelve (12) months, it may be sold as lots for the
same purposes for which the subdivision was platted. To
facilitate such possible eventual sale of reserved land as
separate lots, the subdivider shall show on his final plat, by
dotted lines and dotted numbers, the area and dimensions of lots
@o be created within the boundaries of any such reserved land,
and may sell such lots, after the time period herein specified
by lot number without filing an amended plat. The agent shall
make certain that lands so reserved are divided in the same
manner as the remainder of the subdivision so that the
subdivider will not be required to reserve an unusable portion
of his subdivision. This paragraph applies only to land for
public purposes other than streets, utilities, drainage, parks
and playgrounds.

C. Subdividers that set aside adequate and suitable land
for parks and playgrounds, the jurisdiction and maintenance of
which would be controlled by a subdivision recreation
association, shall not be required to dedicate additional land
for parks and playgrounds as prescribed in subsection A.

D. The subdivider shall have the right to present evidence
before the agent or commission that any contemplated dedication
of land is not necessary. The commission or agent shall take
such evidence into consideration in making a final
determination.

Nothing herein shall, be construed to mean that.1 and may be
set aside for commercial purposes in a residential district
without the land so recuired for commercial use being zoned-

appropriately in accordance With Article III of the County
zoning ordinance.

Sec. 9-397. Performance cruarantees.

The purpose of this section is to insure the appropriate
and timely completion of improvements made in connection with
a subdivision, to provide resources to complete such
@mprovements when the subdivider fails to provide them, to
insure that once accepted, the improvements are not defective,
and to provide for the maintenance of roads until they are
finally accepted into the State Highway System.

A. Before any subdivision plat will be finally approved,
the subdivider shall construct all required public improvements
in accordance with the approved plans and all applicable state
and local requirements.
B. In lieu of construction, a performance agreement or
performance agreements shall be executed between the County and
all parties to the subdivision. The agreement or agreements
shall be on forms supplied by the agent and shall provide that
all improvements required and all improvements shown on the
final plat of subdivision shall be completed within twenty-f our
(24) months from the date of approval. This provision includes
the construction of roads and their acceptance into the State
Highway System. All performance agreements shall require
approval as to form by the County Attorney.

Any performance agreements shall contain release provisions
governing the complete and partial release of any escrow or
letter of credit or other performance guarantee. The release
provisions shall provide for the complete or partial release of
the performance guarantee within thirty (30) days after receipt
of written notice by the subdivider of completion of part or all
of any facility required to be constructed, unless the governing
body notifies the subdivider in writing of any specified defects
or deficiencies in construction and suggests corrective measures
prior to the expiration of the said thirty (30) day period;
however, the governing body shall not be required to release any
performance guarantee in an amount to exceed ninety percent of
the actual cost of construction for which the guarantee was
taken until such facilities have been completed and accepted by
the governing body or state agency.

The performance agreement shall be accompanied by surety
in an amount sufficient to provide for the improvements
identified in the performance agreement. Surety shall consist
of either (1) a certified-check or cash escrow inthe amount of
the estimated costs of construction or (2) a bank or savings and
loan association's letter of credit on certain designated funds
in the amount of the estimated cost of construction, said letter-
of credit to be approved by the County Attorney.

C. Upon completion of the required improvements, they
shall be inspected and approved for acceptance. Prior to the
release of any surety posted in connection with a performance
agreement, the subdivider shall post a defect bond or other
approved guarantee in the amount of ten percent (10%) of the
cost of the improvements. Said bond to guarantee the correction
by the subdivider of any defects in materials or workmanship in
the installation of the required improvements for one (1) year
subsequent to the approval of the installation and acceptance
by the County.

D. In the event the governing body has accepted the
dedication of any street for public use and such street due. to
factors other than its quality of construction, is not
acceptable into the State Highway System, the subdivider shall
furnish to the governing body a maintenance and indemnifying
agreement with surety in the form of a bank or savings and loan
association's letter of credit or a certified check or cash
escrow in an amount sufficient for and conditioned upon the
maintenance of such street until such time as it is accepted
into the State Highway System.

E. Whenever the improvements required by an approved f inal
subdivision plat and identified in a performance agreement
executed under this section have not been completed within the
time limits established for such completion, the agent shall
move to obtain the funds or property provided as security under
such agreement and shall cause such improvements to be
completed. If any funds remain after all improvements are
completed and accepted with all necessary fees paid, and no
defects are found therein which must be repaired, such funds
shall be returned to the subdivider. If the funds available
from the surety are not sufficient to complete the improvements,
the agent shall proceed to secure such funds from the
subdivider. In unusual cases where the agent finds that
substantial progress has been made towards the completion of the
improvements prior to the expiration of the limit and where the
agent finds that factors (other then general economic
conditions) beyond the control of the subdivider have -
contributed substantially to delay, and where the agent f inds
that the improvements could be completed within an additional
twelve (12) month period, the agent may execute a new
performance agreement requiring completion of all improvements
within a twelve (12) month period. Such agreement shall comply
with all provisions of this section and shall be accompanied by
the required surety. The amount of the surety shall be adjusted
to take into account the actual cost of the work remaining to
be done and shall take into account any inflation in such costs.
once the time limit for completion of improvements has been
extended through the execution of a new performance agreement,
they shall not thereafter again be extended.

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Division 3. Preliminary subdivision Approval.

Sec. 9-401. Sketch plan.

The subdivider may, if he 9-e choose-, to submit to the agent
two (2) copies of a sketch plan of the proposed subdivision
prior to preparation of the engineered preliminary and final
plans. The purpose of such sketch is to permit the agent to
advise the subdivider whether his plans are in general
accordance with the requirements of this article. The agent
upon submission of any sketch shall study the same and advise
the subdivider where it appears that changes would be necessary.
The agent may mark the sketch plan indicating necessary changes
and one (1) copy of such marked sketch shall be returned to the
subdivider.

Sec. 9-402. When application for Preliminary approval to be
filed.

Petitions for preliminary approval shall be filed a minimum
of thirty (30) days prior to the commission's meeting at which
the developer requests consideration. The petition shall be
filed with the Department of Planning for addition to the
commission's agenda.

Sec. 9-403. Recruirements of Preliminary Dlan.

The applicant shall submit ten (10) copies of the
preliminary plan of development with. the application for
preliminary approval. The preliminary plan of development shall
include the following information:

1. Name of the subdivision.

2. Name of owners and agents, if any, source of title
with deed book references, subdivider, surveyor, or
engineer.

3. Assessor's parcel number or numbers.

4. Boundary survey of subdivision showing bearings and
distances.

5. The north point scale, date of drawing, number of
sheets, and any revision dates. The scale of the
plan of development shall be one hundred (100) feet
to the inch. The plan shall be submitted on sheets
eighteen (18)---inches by-twenty-four (24) inches.

6. Total acreage of subdivision, acreage of area to be
subdivided.

7. Total number of proposed dwelling units; number, area
and frontage of all building sites.

8. Total number of square feet of proposed
nonresidential floor space where applicable.

10. Estimated total number of gallons per day of water
system requirements where a distribution system is
proposed.

11. Lots with lot and block numbers, and dimensions, or
locations of cluster development or planned unit
development.

12. Location of the subdivision as a part of some larger
subdivision or tract of land and by reference to
permanent survey monuments with a tie-in to a section
corner.

14. Zoning classification of the site.

15. Location maps drawn at a scale of 1'=1,000 feet
showing adjoining roads and roads within 1,000 feet,
their names and numbers, subdivisions and other
physical features, including buildings, in
the proposed subdivision area.

16. All existing, platted and proposed streets, their
names, numbers and widths; existing utilities or
other easements, public areas with parking spaces;
culverts, drains and water courses, their names and
other pertinent data.

18. The eer4@1@ drainage layout ineludinej all
sizes, types, showing drainage easements and means of
transporting the drainage to a well-defined open
stream which is considered natural drainage.

19. A eress seetlen shewing the prepesed street-
eenstreet@en, depth and type e@E basel type
surfaee, ete.

20. Proposed connections with existing sanitary sewer and
existing water supply or alternate means of sewage
disposal and water supply.

21. All parcels of land to be dedicated for public use
and the conditions of such dedication.

22. A copy of all proposed deed covenants, conditions and
restrictions.

23. Subdivision application completed in detail.

24. The required application fee for the subdivision.

Sec. 9-404. Consumer disclosure statement recruired.

The applicant shall submit a consumer disclosure statement
with every application for preliminary approval. Such statement
shall include the following:

A. The name and address of each person having an interest
in the subdivision or development and the extent of such
interest.

B. A statement of the condition of the title to the land
comprising the subdivision or development, including all
encumbrances and deed restrictions and covenants which are or
will be applicable thereto.

C. A statement of the present condition of access to the
subdivision or development, the availability of sewage disposal
facilities, water, electricity, gas, telephone, fire and police
protection and the nature of any improvements to be installed
by the developer and his estimated schedule o-E completion.

D. In the case of a subdivision, development or portion
thereof against which there exists a blanket encumbrance, a
statement of the consequences for an individual purchaser of a
failure, by the person or persons bound, to fulfill obligations
under the instrument or - instruments - creating such 'e-ficumbrance
and the steps, if any, taken to protect the purchaser in such
eventuality.

E. Such other information, documents, and certifications
as the commission may require as being reasonably necessary or
appropriate for the protection of consumers.

This information shall remain on file with the agent and
be available to the general public.

Sec. 9-405. Environmental impact statement.

The commission may require the applicant to submit an
environmental impact statement to supplement the application for
preliminary approval when in the opinion of the commission such
statement is necessary to carry out the intent and purpose of
this article, and in conjunction with Articles 1, 11, and VII
of this chapter. The necessity may arise from the particular
location of the subdivision or other circumstances which cause
the commission concern as to the proposed subdivision's effect
on the environment. In the event that the property of the
applicant adjoins, abuts, surrounds, contains or is in a
Resource Protection Area, an environmental impact statement will
be mandatory. The environmental impact statement shall cover
,Che area of the proposed development or subdivision and that
area within one (1) mile of the nearest boundary of the
proposal. The following types of information may be required
by the commission by written request to the developer, which
request shall specify by reference to this section the
information required.

A. Existing characteristics and conditions of the
environment, including but not limited to:

1. Earth (mineral resources, construction material,
soils, permeability, land form, geology, unique
physical features).

2. Water (surface, underground, quality, temperatures,
recharge snow, ice, frost depth).

3. Atmosphere (quality as to gases and particulates,
clima@e, both macro and micro temperatures).

4. Processes (floods, erosion, sedimentation,
precipitation, solution, sorption, compaction and
settling, stability as to slides and slumps,
earthquake stress-strain, air movements).

5. Flora, (trees,- shrubs, grass, crops, microflora,
aquatic plants, endangered species, barriers,
corridors).

6. Fauna (birds, land animals including big game, small
mammals, and reptiles, fish and shellfish, benthic
organisms, insects, microfauna, endangered species,
barriers and corridors).

7. Land use (wilderness and open spaces, wildlife
habitat, wetlands, forestry, grazing, agriculture,
residential, commercial, industrial, mining and
quarrying).

8. Recreation (hunting, fishing, boating, swimming,
camping and hiking, picnicking, resorts).

9. Aesthetles and heman interest (seenle views and
vistas, wilderness qualities, open space qualities,
landscape design, unique physical features, parks and
reserves, monuments, rare and unique species or
ecosystems, historical or archaeological sites and
objects-r. presenee ef m@sflts).

10. Cultural status (cultural patterns and life style,
health and safety, employment, population density,
and education).

11. Man made facilities and activities (structures),
transportation network including movement and access,
utility networks, waste disposal, barriers and
corridors).

12. Ecological relationships (salinization of water
resources, eutrophication, disease-insect vectors,
food chains, salinization of - surficial material,
brush encroachment).
13. Resource Protection areas as designated in �9-462 of'
this Code.

B. Proposed actions which may cause environmental impact,
including, but not limited to:

1. Modification of regime (introduction of exotic flora
or fauna, biological controls, modification of
habitat, alteration of ground cover, alteration of
ground water hydrology, alteration of drainage, river
control and flow modification, canalization
irrigation, weather modification, burning, surface or
paving, noise and vibration).

2. Land transformation..and construction -(urbanization,
residential and vacation homes, industrial sites and
buildings, airports, highways and bridges, roads and
trails, railroads, cables, and lifts, transmission

lines, pipelines and corridors, barriers including
fencing, channel dredging and straightening channel
revetments, canals, dams and impoundments, piers and
marinas, offshore structures, recreational
structures, blasting and drilling, cut and fill,
tunnels and underground structures).

3. Resource extraction (blasting and drilling, surface
excavation, subsurface excavations and restoring,
well drilling and fluid removal, dredging, clear
cutting and other lumbering, commercial fishing and
hunting).

4. Processing (farming, ranching and grazing, feedlots,
dairying, energy generation, mineral processing,
metallurgical industry, chemical industry, textile
industry,. automobile and aircraft oil refining,
food, lumbering, pulp and paper product storage.

5. Land alteration (erosion control and terracing, mine
sealing and waste control, strip-mining
rehabilitation, landscaping, marsh fill and
drainage).

6. Resource renewal (reforestation, wildlife stocking
and management, ground water recharge, fertilization
application, waste recycling).

7. Changes in traffic (railway, automobile, trucking,
shipping, aircraft, river and canal traffic, pleasure
boating, trails, cables and lifts, communication,
pipelines).

8. Waste emplacement and treatment (indirect ocean
dumping, landfill, emplacement of tailings, spoil and
overburden, underground storage, junk disposal, oil
well flooding, deep well emplacement, cooling water
discharge, municipal waste discharge including spray
irrigation, liquid effluent discharge, stabilization
and exudation ponds, septic tanks, both commercial
and domestic, stack and exhaust emission, spent
lubricants).

9. Chemical treatment (fertilization, chemical deicing
of highways, chemical stabilization of soil, weed
control, insect control pesticides).

10. Accidents (explosions, spills and'leaks, operation
failure).

C. The Director of Planning may, at his discretion, allow
the developer to perform the Environmental Impact Statement in

conjunction with the Water Quality Impact Statement required
under � 9-470 of this Code. (11/29/91)

Sec.- 9-406. Recruest for additional information and site
investigation.

The commission or agent may conduct such investigations,
examinations, tests, and site evaluations as are necessary to
verify information contained in the application.

Sec. 9-407. Burden of proof on the applicant.

The burden of proof shall be on the applicant to show the
reasonableness of his plan, the lack of adverse impact, and
compliance with the review standards set forth in Section 9-408
below.

Sec. 9-408. Review standards.

Before granting preliminary approval, the commission shall
determine that the proposed subdivision is in accordance with
the provisions of Section 9-350, and in doing so shall find that
the subdivision:

A. Will not result in undue water pollution. In making
this determination, they shall consider: the amount of rainfall
received by the area, the relation of the land to flood plains,
the nature of soils and subsoils and their ability to adequately
support waste disposal, the slope of the land and its effect on
effluents, the presence of streams as related to effluent
disposal, the applicable Health and Water Resources Department
regulations.

B. Does have sufficient water available per lot, both
physically and legally, for the foreseeable needs of the
subdivision or development.

C. will not cause an unreasonable depreciation of an
existing water supply.

D. Will not cause unreasonable so-il erosion or reduction
in the capacity of the land to hold water so that a dangerous
or unhealthy condition may result.

E. Will not cause undue air pollution. In making this
determination they shall consider: the topography, prevailing
winds or absence thereof, local and regional air sheds, increase
in sources, or quantity of emissions, as well as quality of
such.

F. Will not cause unreasonable highway congestion or
unsafe conditions with the respect to use of the highways
existing or proposed.

G. Will not cause unreasonable burden on the ability of
the school system to provide quality educat ional services.

H. Will not place an unreasonable burden on the ability
of the local governing body to provide water, sewer, fire,
police, hospital, solid waste disposal and other services.

I. will not have an undue adverse effect on the scenic or
natural beauty of the area, aesthetics, historic sites or rare
or irreplaceable natural areas.

J. Will not have an undue adverse effect on wildlife or
their habitat, or on the preservation of agricultural land.

K. Is in conformance with the duly adopted Comprehensive
Plan of New Kent County.

Sec. 9-409. Procedure following submittal of r)reliminary plat.

The commission and the agent shall discuss the preliminary
plat with the subdivider in order to determine whether or not
the preliminary plat conforms to the requirements of this
article and other applicable provisions of the New Kent County
Code. If the preliminary plan is approved, the subdivider shall
be advised in writing within forty-five (45) days after the
Planning Commission's meeting which may be by formal letter or
legible markings on his copy of the preliminary plat concerning
any additional data that may be required, any changes to be
required to be made on the plan, the character and extent of
public improvements that will have to be made, and the form of
the performance guarantees which will be required as
prerequisite to approval of the final subdivision plat.

Sec. 9-410. Preliminary approval; by whom made.

If the commission finds that a proposed subdivision is in
compliance with the requirements of this article, the commission
shall by resolution setting forth these facts grant preliminary
approval.

Sec. 9-411. Effect of preliminary approval.

A. Approval by the commission of the preliminary plat does
not constitute a guarantee of approval of the final plat.

B. Preliminary approval may be revoked by action of the
commission in the event of violation of any conditions attached
to the approval, or of the terms of any application, or of any

rules made by the commission, or for fraudulent representations
or material omissions made to the commission.

C. All preliminary approvals are subject to the approval
of the governing body of any proposed public improvements e7nd,
the form of all performance guarantees-., and approval of
construction plans.

Sec. XXX. Construction plans.

Following preliminary approval of the plat by the agent,
the subdivider shall, if he has not previously done so, submit
five (5) prints or copies of construction plans for improvements
to be installed in accordance with the provisions of this
chapter and prepared by an engineer authorized to do business
in the state as follows:
1. Total number of proposed off-street: parking spaces,
excluding those associated with single-family residential
subdivisions.

2. Topography at vertical intervals of ten (10) feet unless
otherwise specified by the commission or agent. Elevation
data shall be referenced to USGS data.

3. 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 center lines of the streets, together with proposed
grade lines connecting therewith.

4. The location of the'primary and reserve sewage drainage
fields and construction footprint for each lot.

S. The complete drainage layout including all pipe sizes,
types, drainage easements and meaas of transporting the
drainage to a well-defined open stream which is considered
natural drainage.*

6. A cross section showing the proposed street construction,
depth and type of base, type of surface, etc.

7. Plan of proposed street lighting system, if any, showing
locations, type, wattage, height, etc.

a. Plan of proposed street planting, if any, showing
location, kind, etc.

Sec. 9-412. Time limitation for final approval- after
notification concerning Preliminary apyroval.

The subdivider shall have no more than three (3) months
after the date of official approval of the preliminary plat to
file with the agent the construction plans in accordance with
this article. Such construction plans shall cover the entire
area to which preliminary approval has been granted.

The subdivider shall have no more than six (6) months after
the date of official approval of the
construction plans to file with the agent a final subdivision
plat in accordance with this article. Such final subdivision
plat may cover the entire area to which preliminary and
construction approval has been granted or any portion thereof.
If the subdivider elects to file a final plat on a portion of
the area to which preliminary and construction approval has been
given, then he shall have a total of eighteen (18) months from
the date of preliminary approval to submit final subdivision
plats to the agent for all areas covered by the preliminary.

If the subdivider elects to file construction plans with
the preliminary plat, then he shall have a total of six (6)
months from the date of preliminary approval to submit final
subdivision plats to the agent. If the subdivider elects to
file a final plat on a portion of the area to which approval has
been given, then he shall have a total of eighteen (18) months
from the date of preliminary approval to submit final
subdivision plats to the agent for all areas covered by the
preliminary.

Failure to meet these time lines shall revoke any
preliminary approval given. If application is made for an
extension 30 days prior to axpiration, the commission may grant
an extension if it deems that an extension is in keeping with
the intent of this article, and if all requirements of this
article as it exists at the time of the granting of the
extension are complied with.

Secs. 9-413 through 9-416. Reserved for future legislation.

Division 4. Final Apuroval.

Sec. 9-417. Submissions required for final approval.

The applicant shall submit all information required by this
section and other supplementary materials determined by the
County to be necessary for review and approval when application
for final approval is made.

A. The applicant shall submit seven (7) sets of f inal
plans for roads, drainage facilities, water and/or sewage
systems, and any other required improvements. Each plan shall
contain at a minimum the applicable requirements of Section 9-
403 plus the following:

1 . Estimated construction cost and proposed method of
financing of the streets and related facilities,
water distribution system, sewage collection system,
storm drainage facilities and other utilities as may
be required of the applicant by the County.

2. Location and principal dimensions for all existing or
recorded section lines, streets, alleys, easements,
rights-of -way, and other important features within
and adjacent to the tract to be subdivided complete
with bearings or angles, radii, arcs or chords, and
central angles of all curves.

3. Location and scaled dimensions for all proposed
streets, alleys, easements, lot lines, and areas to
be reserved for parks, schools, or other public uses.

4. Location by survey of streams, washes, canals,
irrigation laterals, private ditches, culverts, lakes
or other water features, including direction of f1cw,
water level elevations and typical depths and
loca'%,-,ions and extent of areas subject to inundation,
whether such inundation be frequent, periodic or
occasional.

5. Location of soil tests, a tabulated list of such
tests, and a detailed soil analysis where septie
sewage systems are proposed.

6. Certification by a professionally registered person
that a potable and adequate water supply can be made
to all lots in a subdivision.

7. Complete construction plans and 'profiles for all
streets, water systems, sanitary and storm sewers,
and waste distribution centers; which plans shall:

(a) Show stationing on plan and profile (one hundred
[100] foot intervals).

(b) Define and locate horizontal and vertical curves
both on plan and prof ile (length, PC, PI, PT,
radius, tangent, delta).

(d) Draw typical cross-section.

(e) Show dimensions of roads, curbs and gutters,
sidewalks, water and sewer utility lines and
structures within rights-of-way on plan.

(f) Location and size of culverts, including CMP,
RCP, Box, etc., on both plan and profile.

(g) Show direction of storm drainage flow.

(h) Show street names on profile plans.

W Show minimum twenty (20) foot radius at shoulder
or curb line at all intersections on plans.

(j) Show design benchmark data on plans.

(k) Submit final construction plans for all
structures .(e.g., box culverts bridges, etc.) .

(1) Soil and erosion control plan in accordance with
state and local regulations.

8. Topography at two (2) foot contours.

9. A letter of intent stating the scope and time element
of each stage of construction, the beginning and
approximate comp-letion dates of all construction, and
indicating the party or parties responsible for the
construction.

10. An engineer's estimate for all required subdivision
improvements, including erosion and sediment control.
The County may require an alternate engineer's
estimate which shall be paid for by the developer.

B. A final subdivision plat or plats must be submitted.
The subdivision plats submitted for final approval by the agent.
shall be reproducible and prepared with a scale of 100 feet to
the inch on mylar drafting film or the equivalent with all

lettering processed so as to be clearly legible when the sheets
are reproduced and reduced to half (1/2) size. Sheets shall be
eighteen (18) inches by twenty-four (24) inches. The plat shall
be prepared by a certified professional engineer or surveyor.
In addition to the requirements of the preliminary plan, the
final plat shall include the following:

1. A blank oblong space three (3) inches by f ive (5)
inches shall be reserved f or the use of the approving
authority.

2. An executed certificate of owner's consent and
dedication in conformance with the forms set forth in
Section 9-419(A). The statement shall be signed by
such persons and duly acknowledged before some
officer authorized to take acknowledgements of deeds.

3. An executed certificate by a certified professional
engineer or land surveyor in the f orm required by
Section 9-419 (b) .

4. A blank certificate of approval in the form set forth
in Section 9-419 (C) .

5. When the subdivision consists of land acquired from
more than one source of title, the outlines of the
various tracts shall be indicated by dashed lines and
the identification of the respective tracts shall be
placed on the plat.

6. The accurate locations and dimensions by bearings and
distances, with all curve data on lots and street
lines and center lines of streets, boundaries of all
proposed or existing easements, parks, school sites,
all existing public and private streets, their names,
numbers and widths, existing utilities and those to
be provided such as sanitary sewers, storm drains,
water mains, manholes, and underground conduits
including their size and type, water courses and
their names, names of owners and their property lines
both within the boundary of the subdivision and
adjoining said boundaries.

7. The data of all curves along the street frontage
.shall be shown in detail at the curve or in a curve
data table containing the following: Delta, radius,
mark, tangent, chord, and chord bearings.

8. Distances and bearings must balance and close with an
accuracy not less than 1 in 10,000.

Sec. 9-418. Final ap-proval; when and by whom granted and
effect,

A. Final approval shall be granted or denied within sixty
(60) days after all required information has been officially
submitted for approval by the subdivider. The plat shall not
be deemed to be officially submitted until all information
required by this article or other applicable laws has been
submitted.

B. Final approval shall be made by the agent after
submission and review of all required information, if all the
terms of this article and other applicable laws have been
complied with. The final plat shall. not be approved until the
subdivider has complied with the general requirements and
minimum standards of design in accordance with this article, and
has made satisfactory arrangements for performance guarantees
in lieu of construction as required by Section 9-397. Approval
of the final plat shall be written on the face of the plat by
the agent and if disapproved, the specific reasons for
disapproval shall be furnished to the subdivider in writing.
The final plat shall also be signed by the VDOT Resident
Engineer and the Health Department.

C. The subdivider shall record such plat within sixty
(60) days after final approval; otherwise, the agent shall mark
the plat void and return it to the subdivider.

D. A recorded final plat shall be valid for five years
from the date of approval as per state law.

E. Prior to expiration of a recorded plat, the subdivider
or developer may, upon application to the commission, request
for one or more extensions of such approval for additional
periods as the commission may, at the time the extension is
granted, determine to be reasonable, taking into consideration
the size and phasing of the proposed development, the laws,
ordinances and regulations in effect at the time of the request
for an extension. Such extension may be granted if the
commission deems that the extension is in keeping with the
intent of this article.

Sec. 9-419. Forms for required certificates.

Certificates of owner's consent and dedication, surveyor's
certificates, and certificates of approval shall be in
substantially the following form:

11. owner's Consent and Dedication

Know all men by these presents, that the platting and

dedication of land as shown on this plat, containing

acres, more or less, and designated as

Subdivision, situated in the Magisterial

District in the County of New Kent, Virginia, is with the free

consent and in accordance with the desires of the undersigned

owners, proprietors, and trustees, if any, and that all lots

within the subdivision are subject to certain restrictions,

reservations! stipulations and covenants as contained in a

writing executed by the undersigned, dated I

19 , and recorded in the Clerk's Office of the Circuit Court
of New Kent County, in Deed Book at Page _ . I
Given under our hands this day of

(SEAL)

City/county of

Commonwealth/State of

Acknowledged before me this day of

19-1 by

Notary Public

My commission expires

B. Surveyor's Certificate

I hereby certify that said acres of land hereby

subdivided were conveyed to
from 19 by deed dated
_, and recorded in the Clerk's

office of the Circuit Court of New Kent County, Virginia, in

Deed Book at Page

I further certify that to the best of my knowledge and

belief, all of the requirements of the Board of Supervisors and

ordinances of the County of New Kent, Virginia,, regarding the

platting of subdivisions within the County, have been complied

with.

Given under my hand this day of

Certified Professional Engineer or Land Surveyor

C. Certificate of Approval (PLAT NOT APPROVED UNTIL ALL
SIGNATURES OBTAINED)
This subdivision known as

Subdivision is approved by the undersigned in accordance with

the existing subdivision regulations of New Kent County and may

be committed to record.

(Signed)
Date VDOT Resident Engineer

(Signed)
Date Health Department
(Signed) 37

Date Agent

Secs. 9-420 through 9-424, Reserved for future lecrislation.

Division 5. Special Provisions and Exemptions

Regarding Certain Subdivisions.

Sec. 9-425, Exemptions.

A. The following subdivisions are partially exempted from
this article and are therefore not subject to the normal design
standards and review procedures contained herein. They are
subject to any applicable zoning requirements and to the
requirements of paragraph B of this section only:

1. Sale or exchange of parcels not within an existing
subdivision between adjoining property owners where
such sale or exchange does not create additional
building sites or lots or new roads or means of
access. Lots within existing subdivisions shall be
altered in accordance with Section 9-426 of this
article.

2. The sale or gift to a member of the immediate family
of the property owner of a single lot. Only one such
division per immediate family member shall be allowed
and such division shall not in the opinion of the
agent be for the purpose of circumventing the
provisions of this article. The property owner must
have a minimum of five (5) acres remaining after the
division and all parcels involved must meet the
standards of Article III of this Chapter. The
minimum area for any lot created under this paragraph
shall not be less than one (1) acre, unless central
water is available; then the minimum area shall be in
conformance with the requirements of the zoning
district in which the lot is located.

3. The division or partitioning of land in an estate by
court order or among the heirs of the original owner
provided all parcels meet the standards of the zoning
ordinance. The minimum area for any lot created
under this paragraph shall not be less than one (1)
acre, unless central water is available; then the
minimum area shall be in conformance with the
requirements of the zoning district in which the lot
is located.

B. A plat of any subdivision set forth in paragraph A must
be submitted to and approved by the agent. In the event the
division creates more than two (2) parcels or tracts that do not
front on existing public streets and requires the establishment
of a new access or right-of-way, then the agent shall require
the designation of a right-of-way fifty (50) feet in width,
either by conveyance in fee simple or by easement, and shall

require proof from the subdivider that right-of -way layout on ly
is in accordance with the applicable standards of the Virginia
Department of Transportation and this article. The plat shall
include the following owner's certificate and certificate of
approval:

1. Owner's certificate:

This subdivision and plat are with the free consent and

in accordance with the wishes of the undersigned owner(s) . The

undersigned owner(s) certify that this subdivision is a bona

fide division under the provisions of Section 9-425 of the New

Kent County Code and is not submitted for the purpose of

circumventing the subdivision ordinances of New Kent County.

Given under our hands this day of

(SEAL)

City/County of

Commonwealth/State of

Acknowledged before me this day of

19 by

Notary Public

my commission expires

2. Certificate of approval:

THIS IS AN APPROVED PRIVATE SUBDIVISION PLAT PURSUANT

TO SECTION 9-425 OF THE NEW KENT COUNTY CODE. THE RIGHTS-OF-WAY

SHOWN HEREON ARE NOT DEDICATED FOR PUBLIC USE.

Subdivision Agent

Date

C. Condemnations, acquisitions, or sales by the federall
state or local governments or agencies thereof, are exempt from
the provisions of this article. This section shall have no
application to any industrial park developed by the Industrial
development Authority.

-Sec. 9-426. Resubdivisions.

A. Any resubdivision of lots within an existing approved
subdivision or within a subdivision not developed under the
terms of this or any previous subdivision ordinance, shall meet
all of the requirements of this chapter.

B. Notwithstanding paragraph A, the boundary line of any
such lot or parcel may be relocated, vacated, or otherwise
altered if such action (1) does not involve the relocation or
alteration of streets, alleys, easements for public passage, or
other public areas, and (2) does not violate other standards of
this chapter, and (3) no easement or utility rights-of-way are
relocated or altered without the written consent of all persons
holding any interest therein, and (4) a plat, including a fully
executed owner's consent and dedication required by Section 9-
419 and approved on its face by the agent only, is filed for
record in the Clerk's Office of the Circuit Court of New Kent
County along with a certificate to be indexed in the owner's
name referencing the original plat.

This paragraph B shall not be construed to allow the
altering of the general nature of a neighborhood or the creation
of additional lots beyond those already in existence. It is the
intent of this paragraph that boundary line alterations within
an existing subdivision be permitted without proceeding through
a formal subdivision process. .

See. 9 424. S:eee@al --e-'s-'ens fer develeism_nts eenaalntnff
ill-ninum lot areas oaf twe ig) aere,%-er megoe.

Sec. 9-427. Parent Tract Minor Subdivisions.

The intent of this ordinance is to permit parent tract land
developments for A-1 zoned properties as classified by the
County Zoning Ordinance. Minor subdivisions shall be served by
internal roads constructed to county and state road construction
standards. All parent tract land developments for A-1 zoned
properties are exempt from all requirements of this article and
are subject to the following provisions:

A. No more than four (4) new lots may be created under
the provisions of this article, and all such lots
shall have a minimum area of two (2) acres each.

B. A minimum of two (2) acres shall remain in the
original parent tract.

C. No new lots may front existing Type I or State
maintained paved roads.

D. Approval of the plan for development may be made by
the agent; however, the agent reserves the right to
ref er such plans to appropriate County and State
officials/agencies, including the planning
commission, for review and evaluation.

E. All lots shall have a min imilm width of one hundred
fifty (150) feet at a point seventy-five (75) feet
from the front lot line; in addition, lot depth shall
not exceed four (4) times lot width.

F. Access to all lots created in.a minor subdivision
created under the provisions of this article shall be
provided by roads constructed to standards set-forth
in Section 9-430 of this ordinance. The roads so
constructed shall intersect a paved road in the state
system in a manner prescribed by section 9-430 of
this ordinance.

G. individual water and waste water systems are
permitted.

H. The procedure for approval of the plan for
development and information to be included shall be
as follows:

1. Proof that the land to be divided qualifies as
a parent tract as defined by Division I of this
article.

2. drainage and road construction plans;

3. a subdivision plat showing all lot lines and
dimensions, including the boundaries of the
original parent tract;

4. existing public and private roads and utility
and other easements entering or adjacent to the
property being subdivided or terminating at the
property boundary;

5. any proposed private access, utility or other
easements;

6. flood plain elevations and boundary lines of Re-
source Protection or Resource Management areas,
if applicable;

7. proposed well and sewage disposal system
locations;

a. surveyor,s certificate;

9. completed owners consent form;

10. certificate of approval for signature by the
agent, if approved;

11. Health Department approval of a well site and a
site for a septic tank with one hundred (100)
percent drain field reserve or other equivalent
on-site sewage disposal system for each site;

12. Virginia Department of Transportation Resident
Highway Engineer,s approval of road construction
standards, and entrance onto paved state
maintained roads from internal roads located
within the minor subdivision.

1. Any required performance guarantees shall follow the
procedures outlined in Sec. 9-397 of this article.

Sec. 9-429. Special provisions for commercial or industrial
subdivisions.

A. commercial or industrial subdivisions shall comply with
all requirements of this article. All streets within such
subdivisions shall be paved and constructed to Virginia
Department of Transportation standards for public streets. The
subdivider may, with the permission of the commission, retain
such streets as private streets. If such streets remain
private, that fact shall be noted in the certificate of approval
on the final plat signed by the agent.

B. Before any subdivision plat containing private streets
to be constructed in accordance with the provisions of this
section will be finally approved, subdivider shall construct all
required streets in accordance with the approved plans. In lieu
of construction, the developer shall provide to the County a
performance agreement an forms supplied by the agent and
approved by the County Attorney, and shall provide that all
street improvements shown on the final plat of the subdivision
will be completed within twenty-four (24) months of the date of
approval.

The performance agreement shall be accompanied by surety
in an amount sufficient to provide the construction of the
streets identified in the performance agreement. Surety shall
consist of either (1) a certified check or cash escrow in the'
amount of the estimated cost of construction or (2) a bank or

savings and loan association's letter of credit on certain
designated funds in the amount of the estimated cost of
construction, said letter of credit to be approved by the County
Attorney.

In the event of default on any such performance agreement,
all proceedings shall be in conformance with paragraph E of
Section 9-397 of this chapter. Nothing herein shall be deemed
to require the County to complete construction in the event the
surety is insufficient to complete the work.

These provisions regarding performance guarantees apply
only to the construction of private streets. Any other public
improvements required shall be secured in accordance with the
provisions of Section 9-397.

Sec. 9-430. Private Streets.

Developments which contain private streets as allowed must
meet eaeh ef the requirements set forth under either Type ! er
Type 11 below:

A. Typt=�t. Type 1 private streets must meet er emeeed
eaeh ef the --efd4:rements:

A. All streets in the proposed development shall be
designed and constructed in accordance with the
current Virginia Department of Transportation
Subdivision Street Requirements, as well as other
applicable regulations of the Department or in
accordance with the design standards as set forth in
Table I, which is attached as an appendix to this
ordinance and incorporated herein by reference,
whichever standard is higher, except that the street
need not be hard surfaced.

B. The private street must connect directly to a State
maintained hard surfaced street or highway at one
location and not connect to any other street.

C. Such connection shall be designed and constructed to
VDOT standards. (new language)

D. The applicable design and construction standards of
Table I which is attached as an appendix to this
ordinance and incorporated herein by reference, shall
apply-

E. The private street must be no more than 750 feet
long.

F. No more than five lots shall abut the street.

G. No lot of such development to be served by such
street shall be less than two acres in land area and
150 feet wide.

H. Except where required by the Commission or agent to serve a
specified public purpose, such private street shall not be
designed to serve through traffic nor to intersect the State
highway system in more than one location.

I. Any such private street shall be adequate to carry the traffic
volume which may be reasonably expected to be generated by such
subdivision.

J. The fee simple ownership of such private street (exclusive of
any previously conveyed mineral rights) is to be owned by a
private membership corporation, association, or trust
established pursuant to Subparagraph (h) below.

K. The subdivider shall create and establish by properly executed
documents a trust, membership corporation, or association of
development lot owners for the purpose of maintaining and
improving the streets in the development. The trust agreement,
articles of incorporation, or bylaws of such trust, corporation
or association shall be in substantial compliance with the form
of trust agreement, articles of incorporation, or bylaws, which
the agent may from time to time prescribe.

L. The initial funding of the road maintenance fund of the trust,
corporation, or association to be established as aforesaid,
shall be, provided by the subdivider depositing to the credit
of such trust, corporation, or association five (5) percent of
the gross sales price for each lot sold in said development or
a minimum of $1000.00 per lot, whichever is greater.
Such percentage of the gross sales price shall be paid upon
closing of each and every lot in said subdivision. Gross sales
price as used herein shall mean the selling price to a bona
fide third party purchaser, and in the event of a sale which
is not an arm's length, the gross selling price shall be deemed
to be the greater of (a) the actual market value of such lot
as determined by the trustees, corporation, or association to
be established as aforesaid, or (b) the value of such lot for
real estate tax purposes, whichever is less.

M. The subdivider or developer shall erect, within 25 feet of the
point where the primary access street to the subdivision joins
a State maintained road, a permanent sign, clearly visible from
the State maintained road, containing the following statement
in block letters no less than three inches high:

THE UNPAVED STREETS IN THIS DEVELOPMENT
WILL NOT BE PAVED OR MAINTAINED
AT PUBLIC EXPENSE.

N. Each private street shall be clearly marked as such on the
final plat of any development, and the subdivider shall have
boldly printed upon the final plat, which must also be included
in the real estate sales/land contract and as a covenant in
each deed for a lot in the subdivision the following
statements:

THE PRIVATE STREETS IN THIS SUBDIVISION WILL NOT BE PAVED
OR MAINTAINED WITH FUNDS OF NEW KENT COUNTY OR FUNDS
ADMINISTERED BY THE VIRGINIA DEPARTMENT OF TRANSPORTATION.
IN ADDITION, NEW KENT COUNTY SCHOOL TRANSPORTATION
POLICIES WILL NOT ALLOW SCHOOL BUSES TO TRAVEL AND PICK UP
CHILDREN ON PRIVATE STREETS. IN THE EVENT THAT OWNERS OF
LOTS IN THE SUBDIVISION SUBSEQUENTLY DESIRE THE ADDITION
OF SUCH PRIVATE STREETS TO THE SECONDARY SYSTEM OF STATE
HIGHWAYS FOR MAINTENANCE, THE COST TO UPGRADE IT TO THE
PRESCRIBED STANDARDS MUST BE PROVIDED FROM FUNDS OTHER
THAN THOSE ADMINISTERED BY THE VIRGINIA DEPARTMENT OF
TRANSPORTATION OR NEW KENT COUNTY. PRIVATE STREETS IN
THIS SUBDIVISION ARE NOT DEDICATED AND ARE OWNED BY
(trust, corporation, association).

Secs. 431 through 436. Reserved for future legislation.

Table I

DESIGN STANDARDS FOR PRIVATE GRAVEL ROADS

maximum Min. Stopping Minimum Minimum Depth of Min
Number of Max. Design Sight Gravel Shoulder Subbase VDOT Aggregate Surface R.O.W.
Lots Grade' Speed Dist. Surface Width Base2 Width
Served Width

6" select 6" VOOT
5 12 % 35 MPH 240 ft 20 feet 5 feet YDOT Type 1, #25 or #26 Gravel 50 feet
11,or

1. Maximum grade may exceed 12 percent up to a maximum of 18 percent for a maximum length of 300 feet, provided 6" of 125 or #26
aggregate base is placed with prime and double seal surface trwatment In accordance with VOOT specifications.

2* Depth of aggregate base is compacted depth. Loose aggregate of approximately 8 " will compact to 6" depth. Loose aggregate of
approximately 5.5" will compact to 4" depth.

ARTICLE v. STREET NAMING AND ADDRESS
NUMBERING.

sec. 9-437. Uniform system adopted for certain parts of
County; compliance with chapter.

There is hereby established a uniform system for naming
streets and numbering buildings fronting on all streets,
avenues, and public ways in the County. All streets shall be
named and all buildings shall be numbered in accordance with the
provisions of this chapter. (Enacted 12/12/88)

Sec. 9-438. Preparation and filincT of official plat book.

In order to facilitate the numbering of houses and
businesses and the naming of streets, an official plat book
,shall be prepared showing the number of each building and the
name of each street. The official plat book shall be kept on
file in the office of the director of planning.

Sec. 9-439. clarification of present street naming Dattern.

For the purpose of clarifying and systematizing the present
street naming pattern of the County, the following provisions
are adopted:

1. Streets in the County which have the same or similar names
as other existing streets in New Kent, Henrico, Charles
City, Hanover and James City Counties should be changed to
be unique, in order to eliminate name duplication.

2. Numbered streets which do not indicate the block'number
shall be assigned new names.

3. Streets which change directions shall be assigned new
names.

4. Streets which have more than one name shall be assigned
new names.

5. Any existing street name may be changed when found to be
necessary by the Board of Supervisors.

6. Every subdivision plat submitted to the Planning
Commission for their approval shall show the proposed
names of the streets, along with written confirmation from
the regional street name clearinghouse (Richmond Regional
Planning District Commission). All names shall be
approved by the-planning department bef6re such new names
are official.

Sec. 9-440. Street names as locational references.

For the purpose of facilitating the location of streets by virtue
0f their name and clarifying the use of certain thoroughfare
designations, the following provisions are adopted:

1. Street type designations should be consistent with the
roadway's functional classification, expected traffic use,
width of right-of-way and continuity. In order to achieve
some consistency of name usage, the following definitional
guidelines are adopted:

a. Interstate - to be used only with roadways included
in the Federal Interstate system as limited access
expressways;

b. Highway or Pike - to be used only with state or
federal, multi-lane roadway facilities with some
local access;

C. Parkway - a special scenic route or park drive,
usually with a center median;

d. Drive, Road or Trail - winding or straight
thoroughfares which continue through and intersect
with other rights-of-way;

e. Streets and Avenues - thoroughfares which continue
through to provide access to other rights-of way;
streets consistently running north-south, while
avenue running east-west;

f. Loops - a short roadway which begins and ends an the
same, generally - parallel, street;

9. Circle - a local roadway that begins and circles back
to terminate on the same road, forming a closed
11loop";

h. Lane, Path or Way - a local road which provides
access to one or more internal street, each dead-
ending in a cul-de-sac; and

i. Place, Court, Terrace - a permanent dead-end road or
cul-de-sac, which may share a common name with the
access roadway.

2. Street names adopted for subdivisions should be related to
a development theme or common neighborhood identity for
the subdivision. This linkage can be established in one
of the following ways:

a Us ing a common theme to name streets in the
subdivisions and/or

b. Using alphabetical selection (e.g. street names would
share common first letter with subdivision name).

3. Street naming of state route-numbered roads should be done
with consideration given to any historical names for the
road.

Sec. 9-441. Furnishing street name signs.

Upon adoption of this chapter, the County shall provide and erect
a street sign for all existing public road intersections, as funds are
available. First priority for street sign construction shall be state
primary road intersections, followed by primary/secondary road
intersections and : secondary/ secondary road intersections. Every
subdivider shall provide and erect a street sign, of a design approved
by the County, for every street intersection planned in any subdivision.
County residents shall be allowed to voluntarily erect street name signs
of a design approved by the County. Existing private roads in the County
may be named and signed with the concurrence of affected private property
owners. The County shall replace, as funds become available, street
signs needed because of street name changes adopted by the Board of
supervisors.

-Sec. 9-442. Authority of Board of Suioervisors to chancre street names.

The Board of Supervisors may change, rename or name any existing or
newly established street at any time after the adoption of this chapter.

Sec. 9-443. Implementation procedure.

In order to implement the house numbering and street naming program
for the County, the new numbers and street names shall become official
as each portion of the County is incorporated in the uniform system. The
procedure shall be as follows:

1. Plats showing the proposed house numbers and street names
shall be prepared by the planning department.

2. The plats shall be reviewed and approved by the Board of
Supervisors.

3. A notice shall be delivered, by the County, to each
residence or business building stating the new address of
the building and when it become effective.

Sec. 9-444. Notification of Post offices, etc., of chancre of address.

It shall be the responsibility of the owner or occupant -to notify
the local post office, correspondents, publishers, utilities and all

other interested parties of the change of address. The planning office
shall provide a master change of address listing to other county
departments (e.g. commissioner of revenue, county registrar, county
school board) to facilitate the correction of public administrative
records.

Sec. 9-445. Duties of director of planning_

It shall be the duty of the director of planning or his authorized
agent to assign house numbers and to develop, in coordination with the
direction of the county public safety department and the District
Engineer's office of the Virginia Department of Transportation, design
guidelines for the location, size and style of street signs to be erected
in the County.

Sec. 9-446. Duties of the public safetv director.

It shall be the duty of the director of the county public safety
department or his authorized agent to erect street signs in the county
and/or to inspect signs erected by subdividers or other residents of the
County to ensure conformance with the street sign design and location
guidelines adopted by the County.

Sec. 9-447. Duty of owner of new or altered building.
After a uniform house numbering system has been established, it
shall be the duty of the owner of every new or altered building to obtain
the proper house number and attach the number to the premises. When
required, no building permit shall be issued by the department of public
safety until the proper house number has been issued by the planning
department.

Sec. 9-448. Time of Placincr numbers on buildings; ioavment of costs.

Number shall be placed on existing buildings within thirty (30) days
after being assigned. The cost of the numbers shall be paid for by the
property owner.

Sec. 9-449. Size, tv'oe of material and location of numbers.

House numbers shall not be less than three (3) inches in height and
shall be made of a durable and clearly visible material. The numbers
shall be conspicuously placed on, above or at the side of the main
entrance door so that the number is plainly visible from the street.
Whenever a building is more than fifty (50) feet from the street or when
the entrance is not visible from the street the number shall be placed
at the walk, driveway or other suitable location that is easily
discernible from the street.

Sec. 9-450. A grid system, as shown an the County nro-perty numbering
base maps, is herebv established..

The grid lines, as shown on the property numbering maps, indicate
the point at which block numbers will change in increments of one
hundred.

Sec. 9-451. Same - Maximum block length; increments for numbering.

The maximum length of a block shall generally range between one and
three thousand feet, depending on the curvilinearity of the road.
Similarly, a variable frontage interval shall be used for property number
assignment with an average minimum distance of roughly twenty-two (22)
feet along the center line of the street.

Sec. 9-452. Same - Assignment of even and odd numbers.

Even numbers shall be assigned to the north and west sides of all
streets and odd numbers shall be assigned to the east and south sides of
all streets.

Sec. 9-453. Separate numbers to be assigned each entrance.

When a building has more than one entrance serving separate
occupants, a separate number shall be assigned to each entrance.

Sec. 9-454. Same - Assignment of letter suffixes on multiple-family
dwellings with one main entrance.

A Multiple-family dwelling having only one main entrance shall be
assigned only one number and separate apaz-tments shall have a letter
suffix.

Sec. 9-455 through 4-459. Reserve!ft-for future legislation.

ARTICLE VI. Chesapeake Bay Preservatign Areas

Sec. 9-460. Purioase and Intent.

A. This article is enacted to implement the requirements of Section
10.1-2100 et seq. of the Code of Virginia (The Chesapeake Bay
Preservation Act). The intent of New Kent County Board of supervisors
and the purpose of this article is to: (1) protect existing high quality
state waters; (2) restore all other state waters to a condition or
quality that will permit all reasonable public uses and will support the
propagation and growth of all aquatic life, including game fish, which
might reasonably be expected to inhabit them; (3) safeguard the clean
waters of the Commonwealth from pollution; (4) prevent increases in
pollution; (5) reduce existing pollution; and (6) promote water resource
conservation in order to provide for the health, safety, and welfare of
the present and future citizens of New Kent County.

B. This article establishes criteria used by New Kent County in
granting, denying, or modifying requests to subdivide land in Chesapeake
Bay Preservation Areas. In preservation areas, these criteria shall be
applied in addition to zoning and subdivision ordinances.

C. This article is enacted under the authority of Section 10.1-2100
et seq. (The Chesapeake Bay Preservation Act) and Section 15.1-489, of
the Code of Virginia. Section 15.1-489 states that zoning ordinances may
"also include reasonable provisions, not inconsistent with applicable
state water quality standards, to protect surface water and groundwater
as defined in Section 62.1-44.85 (8).11 (11/29/91)

Sec. 9-461. De finitions.

The following words and terms used in this Article have the
following meanings, unless the context clearly indicates otherwise.
Words and terms not defined in this Article but defined in the Zoning
ordinance shall be given the meanings set forth therein.

"Agricultural lands" means those lands used for the planting and
harvesting of crops or plant growth of any kind in the open; pasture;
horticulture; dairying; floriculture; or raising of poultry and/or
livestock.

IfEest Management Practices" or 11BMPs11 means a practice, or a combination
of practices, that is determined by a state or designated area-wide
planning agency to be the most effective, practical means of preventing
or reducing the amount of pollution generated by nonpoint sources to a
level compatible with water quality goals.

Buffer area" means an area of natural or established vegetation managed
to protect other components of a Chesapeake Bay Preservation Area and
state waters from significant degradation due to land disturbances.

"Chesapeake Bay Preservation Area'$ or IICBPAII means any land designated
by the New Kent County Board of Supervisors pursuant to Part III of the
Chesapeake Bay Preservation Area Designation and Management Regulations,
VR 173-02-01, and Section 10.1-2107 of the Code of Virginia. A
Chesapeake Bay Preservation Area shall consist of a Resource Protection
area and a Resource Management Area.

"Development" means the construction, or substantial alteration, of
residential, commercial, industrial, institutional, recreation,
transportation, or utility facilities or structures.

"Flood Plain" means (a) a relatively flat or low land area adjoining
a river, stream or watercourse which is subject to partial or complete
inundation, (b) an area subject to the unusual and rapid accumulations
of runoff of surface water from any source.

"Nonpoint source: pollution" means pollution consisting of constituents
such as sediment, nutrients, and organic and toxic substances from
diffuse sources, such as runoff from agriculture and urban land
development and use.

"Nontidal wetlands" means those wetlands other than tidal wetlands.

"Noxious weeds" means weeds that are difficult to control effectively,
such as Johnson Grass, Kudzu, and multiflora rose.

"Plan of Development" means the process for site plan or subdivision plat
review to ensure compliance with Section 10.1-2109 of the Code of
Virginia and this Code, prior to any clearing or grading of a site or the
issuance of a building permit.

"Redevelopment" means the process of developing land that is or has been
previously developed.

"Resource Management Area", or 'IRMA" means that component of the
Chesapeake Bay Preservation area that is not classified as a Resource
Protection Area. RMA's include land types that, if improperly used or
developed, have the potential for causing significant water quality
degradation or for diminishing the functional value of the Resource
Protection Area.

"Resource Protection Area" or IIRPAII means that component of the
Chesapeake Bay Preservation area comprised of lands at or near the
shoreline that have intrinsic water quality value due to the ecological
and biological processes they perform or are stnsitive to impacts which
may result in significant degradation to the quality of state waters.

"Tidal shore" or "shore" means land contiguous to a tidal body of water
between the mean low -water level*- and the mean'high water level. - '

"Tidal wetlands" means vegetated and nonvegetated. wetlands as defined in
Section 62.1-13.2 of the Code of Virginia.

"Tributary stream" means any perennial stream that is so depicted on the
most recent U.S. Geological Survey 7-1/2 minute topographic quadrangle
map (scale 1:24,000).

"Water-dependent facility" means a development of land that cannot exist
outside of the Chesapeake Bay Preservation Area and must be located on
the shoreline by reason of the intrinsic nature of its operation. These
facilities include, but are not limited to (i) ports; (ii) the intake and
outfall structures of power plants, water treatment plants, sewage
treatment plants, and storm sewers; (iii) marinas and other boat docking
structures; (iv) beaches and other public water-oriented recreation
areas; and (v) fisheries or other marine resources facilities.

"Wetlands" means those areas that are inundated or saturated by surface
or ground water at a frequency and duration sufficient to support, and
that under normal circumstances do support a prevalence of vegetation
adapted for life in saturated soil conditions. Wetlands generally
include swamps, marshes, bogs and similar areas. (11/29/91)

Sec. 9-462. Designation of Resource Management Areas.

A. That portion of the county that is not in a Resource Protection
Area will be deemed to be in a Resource Management Area.

B. Development on any lot or parcel within the Resource Management
Area may be exempt from the provisions of Article I of this Chapter
provided that:

1. There is no Resource Protection Area located on any of the lot
or parcel as established under the provisions of this Article.

2. There is no Resource Management Area component as defined by
the Chesapeake Bay Local Assistance Department's Chesapeake Bay
Preservation Area Designation and Management Regulations on any
portion of the lot or parcel.

3. A schematic site plan required under � 9-278 is submitted
accurately demonstrating the absence of Resource Management Area
components.

4. The schematic site plan which accurately demonstrates the
absence of Resource Management Area features is prepared by a
qualified soil scientist, Professional Engineer. or landscape
architect, or by an individual who is determined by the New
Kent Planning Department to be qualified to make such
delineations.

4.
59

C. in the event that the lot or parcel in paragraph B, above,
is within ISO feet of a Resource Protection Area, the portion of property
within the ISO foot area shall not be exempted from the provisions of
Article I of this chapter.

Sec. 9-463. Designation of Resource Protection Areas.

As of the adoption date this Article shall apply to all lands in
RPAs, which shall include lands that meet the designation criteria in
this part. RPAs are subject to the use restrictions and regulations in
this Article.

A. Resource Protection Areas shall consist of sensitive lands
adjacent to or near the shoreline that have either an intrinsic water
quality value due to the ecological and biological processes they perform
or that are sensitive to uses or activities such that the use results in
significant degradation to the quality of State Waters. In their natural
condition, these lands provide for the removal, reduction, or
assimilation of nonpoint source pollution entering the Bay and its
tributaries. RPAs shall include:

(1) Tidal wetlands;

(2) Nontidal wetlands connected by surface flow and contig-uous to
tidal wetlands or tributary streams;.

(3) Tidal shores;

(4) A 100-foot vegetated buffer area located adjacent to and
landward of the components listed in subsections 1 through 3
above, and along both sides of Any tributary stream;.

(5) Flood plains.

B. A RPA map is provided but should be considered a planning tool.
Boundaries shall be delineated by the applicant during the plan of
development process. (11/29/91)

Sec. 9-464. Use Regulations.

Permitted uses, conditionally permitted uses, accessary uses, and
special requirements shall be as established by the underlying zoning
district, unless specifically modified by the requirements set forth
herein. (11/29/91)

Sec. 9-465. Lot Size.

Lot size shall be subject to the requirements of the underlying
zoning district (s) , provided that any lot shall have suf f icient area
outside the RPA to accommodate an intended development, in accordance

with the performance standards in Section 9-469, when such development
is not otherwise allowed in the RPAs- (11/29/91)

Sec. 9-466. Reauired Conditions.

A. 1. A new or expanded water-dependent facility may be allowed
provided that:

a. It does not conflict with the comprehensive plan.
b. It complies with the performance criteria set forth in
this division;
c . Any non-water dependent component is located outside of
Resource Protection Areas;
d. Access will be provided with the minimum disturbance
necessary. Where possible, a single point of access will
be provided.

2. Redevelopment shall conform to applicable stormwater
management and erosion and sediment control criteria of
this Chapter.

A Dey,,Felepment in RPAs may be allewed enly -if it: (i) is wate@
dependent: er (4:1) eenst@6tutes redevelepment.

B . A water quality impact assessment shall be required for any
proposed development or.redevelopment within RPAs, in accordance with the
provisions of Section 9-470 of this Article. (11/29/91)

Sec. 9-467. Conflict with other RecTulations.

-In any case where the requirements of this Article conf lict with any
other provision of the New Kent County Code or existing state or federal
regulations, whichever imposes the more stringent restrictions. shall
apply- (11/29/91)

Sec, 9-468. Interpretation of Resource Protection Areas Boundaries.

A. Delineation by the Director of Planning.

The Directar of Planning, when requested by an applicant wishing to
construct a single family residence, may waive the requirement for an
environmental site assessment and perform the delineation. The Director
of Planning may use remote sensing, hydrology, soils, plant species, and
other data, and consult other appropriate resources as needed to perform
the delineation.

B. Where Conflict Arises over Delineation.

Where the applicant has provided a site-specif ic delineation of the
RPA, the Director of Planning will verify the accuracy of the boundary
delineation. In determining the site-specif ic RPA boundary, the' Director
of Planning may render adjustments to the applicant's boundary

delineation, in accordance with Section 9-471 (Plan of Development) of
this Article. In the event the adjusted boundary delineation is
contested by the applicant, the applicant may seek relief by means of the
appeals process as set forth in Division 22 of the Zoning ordinance
(11/29/91)

Sec. 9-469. -Performance Standards.

A. Purpose and Intent.

The purpose and intent of these requirements are also to implement
the following objectives: prevent a net increase in nonpoint source
pollution from new development; achieve a 10% reduction in nonpoint
source pollution from redevelopment; and achieve a 40% reduction in
nonpoint source pollution from agricultural uses.

B. General Performance Standards for Development and Redevelopment.

(1) Indigenous vegetation shall be preserved to the maximum extent
possible consistent with the use and development permitted and in
accordance with the Virginia Erosion and Sediment Control
Regulations. VSRS-625-02-00, or any amendments thereto.

(2) Land upon which agricultural activities are being conducted
shall have a soil and water quality conservation plan. Such plan
shall be based upon the Field office Technical Guide of the U.S.
Department of Agriculture Soil Conservation Service and accomplish
water quality protection consistent with this Article. Such a plan
shall be approved by the local Soil and Water Conservation District
by January 1, 1995.

C. Buffer Area Requirements.

To minimize the adverse effects of human activities on the other
components of Resource Protection Areas, state waters, and aquatic life,
a 100-foot buffer area of vegetation that is effective in retarding
runoff, preventing erosion, and filtering nonpoint source pollution from
runoff shall be retained if present and established where it does not
exist.

The buffer area shall be located adjacent to and landward of other
RPA components and along both sides of any tributary stream. . The full
buffer area shall be designated as the landward component of the RPA, in
accordance with Sections 9-463 (Designation of Chesapeake Bay
Preservation Areas) and 9-471 (Plan of Development) of this Article.

The 100-foot buffer area shall be deemed to achieve a 75 percent
reduction of sediments and a 40 percent reduction of nutrients. A
combination- of a buffer* area not less than 50 feet in width and
appropriate best management practices located landward of the buffer area
which collectively achieve water quality protection, pollutant- removal,
and water resource conservation at least the equivalent of the full 100-

foot buffer area may be employed in lieu of the 100-foot buffer if
approved by the Director of Planning after consideration of the Water
Quality Impact Assessment, in accordance with Section 9-470 of this
Article.

A. The buffer area shall be maintained to meet the following
additional performance standards:

(1) In order to maintain the functional value of the buffer area,
indigenous vegetation may be removed only to provide for
reasonable sight lines, access paths, general woodlot
management, and best management practices, as follows:

a. Trees may be pruned or removed as necessary to provide f or
sight lines and vistas, provided that where removed, they
shall be replaced with other vegetation that is equally
effective in retarding runoff, preventing erosion, and
filtering nonpoint source pollution from runoff.

b. Any path shall be constructed and surfaced so as to
effectively control erosion,
C. Dead, diseased, or dying trees or shrubbery may be removed
at the discretion of the landowner, and silvicultural
thinning may be conducted based upon the best available
technical information. .

d. For shoreline erosion control projects, trees and woody
vegetation may be removed, necessary control techniques
employed, and appropriate vegetation established to
protect or stabilize the shoreline in accordance with the
best available technical advice and applicable permit
conditions or requirements.

(2) When the application of the buffer areas would result in the
loss of a buildable area on a lot or parcel recorded prior to
October 1, 1989, the Director of Planning may modify the width
of the buffer area in accordance with Section 9-471 (Plan of
Development) and the following criteria:

a. Modif ications to the buf f er areas shall be the minimum
necessary to achieve a reasonable buildable area for a
principal structure and necessary utilities;

b. Where possible, an area equal to the area encroaching the
buffer area shall be established elsewhere on the lot or
-parcel 'in. a way to maximize water quality protection; and

C. In no case shall the reduced portion of the buffer area
be less than 50 feet in width.

(3) On agricultural lands the agricultural buf f er area shall be
managed to prevent concentrated flows of surface water from
breaching the buffer area and noxious weeds from invading the
buffer area. The agricultural buffer area may be reduced as
follows:

a. To a minimum width of 50 feet when the adjacent land is
implementing a federal, state, or locally-funded program,
provided that the combination of the reduced buffer area
and the best management practices achieve water quality
protection, pollutant removal, and water resource
conservation at least the equivalent of the 100 foot
buffer area;

b. To a minimum width of 25 feet when a soil and water
quality conservation plan, as approved by the local Soil
and Water Conservation District, has been implemented an
the adjacent land. Such plan shall be based upon the
Field office Technical Guide of the U.S. Department of
Agriculture Soil Conservation Service and accomplish water
quality protection consistent with this Article.

C. The buffer area is not required for agricultural drainage
ditches if the adjacent agricultural land has in place
best management practices in accordance with a
conservation plan approved by the local Soil and Water
Conservation District.

B. Notification of Buffer Encroachment.

(1) Notice will be given to the property owner concerning the
amount of footage of the buffer area, if any, was encroached
by the existing or proposed development. (11/29/91)

Sec. 9-470. Water Ouality Impact &ssessment.

A. Water Quality Impact Assessment Required.

A water quality impact assessment is required for (i) any proposed
development within or adjacent to an RMA, including any buffer area
modification or reduction as provided for in the performance standards
of this Article; (ii) any development outside of a RPA as deemed
necessary by the Director of Planning due to the unique characteristics
of the site or intensity of the proposed development. The water quality
impact assessment shall include a site drawing to scale which shows the
following: - RPK,'Iincluding the 100
(1)" Location. of the --components of the
foot buffer area;

(2) Location and nature of the proposed encroachment into the
buffer area, including: type of paving material; areas
of clearing or grading; location of any structures,
drives, or other impervious cover; and sewage disposal
systems or reserve drainfield sites;

(3) Type and location of proposed best management practices
to mitigate the proposed encroachment.

B. If a proposed development exceeds 5,000 square feet of land
disturbance within RPAs and requires any modification or reduction of the
landward 50 feet of the 100 foot buffer area; disturbs any portion of the
seaward 50 feet of the 100 foot buffer area or any other component of a
RPA and is deemed necessary by the Director of Planning, the developer
will be subject to additional requirements as determined by the Director
of Planning.

C. Submission and Review Requirements.

(1) Five (5) copies of all site drawings and other applicable
information as required above shall be submitted to the
Director of Planning for review.

(2) All information required in this section shall be certified as
complete and accurate by a professional engineer.

(3) As part of any water quality impact asses sment submittal, the
Director of Planning may request review by the Chesapeake Bay
Local Assistance Department (CBLAD). Upon receipt of a water
quality impact assessment, the Director of Planning will
determine if review is warranted and may request CBLAD to
review the assessment and respond with written comments. Any
comments by CBLAD will be incorporated into the final review
by the Director of Planning, provided that such comments are
provided by CBLAD.

D. Evaluation Procedure.

(1) Upon the completed review of a water quality impact assessment,
the Director of Planning will determine if any proposed
modification or reduction to the buffer area is consistent with
the provisions of this Article and make a finding based upon
the following criteria:

a. Within any RPA, the proposed development or redevelopment
is either water-dependent or constitute redevelopment;

b. The disturbance of any wetlands will be minimized;

C. Impervious surface is minimized;

d. The proposed encroachment is necessary and the ability to
place improvements elsewhere on the site to avoid
disturbance of the buffer areas is limited or not
possible;

e. The development will not result in significant disruption
of the hydrology of the site;

f The development will not result in significant degradation
to aquatic vegetation or life;

g. The development will not result in unnecessary destruction
of plant materials on site;

h. Proposed erosion an d sediment control concepts are
adequate to achieve the reductions in runoff and prevent
off-site sedimentation;

i. Proposed stormwater management concepts are adequate to
control the stormwater runof f to achieve the required
performance standard for pollutant control;

j. Proposed revegetation of disturbed areas will provide
optimum erosion and sediment control benefits;

k. The design and location of any proposed drainfield will
be in accordance with the requirements of Section 9-281;

1. Proposed best management practices, where required,
achieve the requisite reductions in pollutant loadings;

M. The development, as proposed, is consistent with the
purpose and intent of the ordinance;

n. The cumulative impact of the proposed development, when
considered in relation to other development in the
vicinity, both existing and proposed, will not result in
a significant degradation of water quality.

(2) The Director of Planning shall require additional mitigation
where potential impacts have not been adequately addressed.
Evaluation of mitigation measures will be made by the Director
of Planning based on the-criteria listed above.

(3) The Director of Planning shall find the proposal to be
inconsistent with the purpose and intent of this Article when
the impacts created by the proposal cannot be mitigated.
Evaluation of -the impacts wi@ll be made by the Director of
Planning based an the criteria listed in subsection (1).
(11/29/91)

Sec. 9-471. Plan of Development-Process.

In addition to the information required for a site plan under
Section 9-278 of this Code, the owner or developer of a project which
constitutes development or redevelopment subject to the provisions of
this article shall include the following information on the site plan.

A. Landscaping.

1. Within the buffer areal trees to be removed for sight
lines, vistas, access paths, and best management
practices, as provided for in this Article shall be shown.
vegetation required by this ordinance to replace any
existing trees within the buffer area shall also be shown.

2. Trees to be removed for shoreline stabilization projects
and any replacement vegetation required by this Article
shall be shown.

3. No more land shall be disturbed than is necessary to
provide for the desired use or development.

4. indigenous vegetation shall be preserved to the maximum
extent possible consistent with the use or development
allowed.

B. Installation and Bonding Requirements.

1. Except as provided in sub-paragraph 2, where buffer areas
or other specifications of an approved plan are required,
no certificate of occupancy shall be issued until the
installation of required plant materials or facilities is
completed, in accordance with the approved site plan.

2. When the occupancy of a structure is desired prior to the
completion of the specifications of an approved plan, a
certificate of occupancy may be issued only if the
applicant provides to New Kent County a form of surety
satisfactory to the County Attorney in amount equal to the
remaining plant materials, related materials, and
installation costs of the required specifications and/or
maintenance costs for any required stormwater management
facilities.

3. All specifications shall be installed and approved within
13 months of project commencement. Should the applicant
fail, after proper notice, to initiate, complete or
maintain appropriate actions required by the approved
plan, the surety may be forfeited to New Kent County. New
Kent County may collect from the applicant the amount by
which the reasonable cost of required actions exceeds the
amount of the surety held.

4. After all required actions of the approved site plan have
been completed, the applicant must submit a written
request for a final inspection. If the requirements of
the approved plan have been completed to the satisfaction
of the Director of Planning, such unexpended or
unobligated portion of the surety held shall be refunded
to the applicant or terminated within 60 days following
the receipt of the applicant's request for final
inspection. The Director of Planning may require a
certificate of substantial completion from a Professional
Engineer or Class III B Surveyor before making a final
inspection. (11/29/91)

Sec. 9-472. Nonconforming Use and Development Waivers.

The lawful use of a building or structure which existed on or before
the date of the allocation of this ordinance, or which exists at the time
of any amendment to this Article, and which is not in conformity with the
provisions of the Article may be continued in accordance with Division
17 of the New Kent County Zoning ordinance.

No change or expansion of use shall be allowed with the exception
that:

(1) The Director of Planning may grant a nonconforming use and
development waiver for structures on legal nonconforming lots
or parcels to provide for remodeling and alterations or
additions to such nonconforming structures provided that:

a. There will be no increase in nonpoint source pollution
load;

b. Any development or land disturbance exceeding an area of
2500 square feet complies with all erosion and sediment
control requirements of Article 1.

(2) An application for a nonconforming use and development waiver
shall be made to and upon forms furnished by the Director of
Planning and shall follow those procedures set forth in the New
Kent County Zoning Ordinance.

(3) A nonconforming use and development waiver shall become null
and void twelve months from the date issued if no substantial
work has commenced. (11/29/91)

Sec. 9-473. Exemptions.

A. Exemptions for Utilities, Railroads, and Public Roads.

Construction, installation, and maintenance of water, sewer, and
local gas lines shall be exempt from the requirements of the Article
provided that:

a. To the degree possible, the loc ation of such utilities and
facilities shall be outside RPAs;

b. No more land shall be disturbed than is necessary to
provide for the desired utility installation;

C. All construction, installation, and maintenance of such
utilities and facilities shall be in compliance with all
applicable state and federal requirements and permits and
designed and conducted in a manner that protects water
quality; and

d. Any land disturbance exceeding an area of 2,500 square
feet complies with all New Kent County erosion and
sediment control requirements.

B. Exemptions for Silvicultural Activities.

Silvicultural activities are exempt from the requirements of this
Article provided that silvicultural operations adhere to water quality
protection procedures prescribed by the Department of Forestry in its
"Best Management Practices Handbook for Forestry Operations."

C. Exemptions in Resource Protection Areas.

The following land disturbances in Resource Protection Areas may be
exempted from the Article requirements: (i) water wells; (ii) passive
recreation facilities such as boardwalks, trails, and pathways; and (iii)
historic preservation and archaeological activities, provided that it is
demonstrated to the satisfaction of the Director of Planning that:

(1) Any required permits, except those to which this exemption
specifically applies, shall have been issued;

(2) Sufficient and reasonable proof is submitted that the intended
use will not deteriorate water quality;

(3) The intended use does not conflict with nearby planned or
approved uses; and

(4) Any land disturbance exceeding an area of 2500 square feet
shall comply with all New Kent County erosion and sediment
control requirements. (11/29/91)

Sec, 9-474, Exceptions.

A, . A request foran exception to the requirements of this Article
shall be made in writing to the Director of Planning. It shall identify
the impacts of the proposed exception on water quality and on lands
within the RPA through the performance of a water quality impact
assessment which complies with the provisions of Section 9-470.

B. The Director of Planning shall review the request f or an
exception and the water quality impact assessment and may grant the
exception with such conditions and safeguards as deemed necessary to
further the purpose and intent of this Article if the Director of
Planning finds:

(1) Granting the exception will not confer upon the applicant any
special privileges that are denied by this Article to other
property owners in the RPAs;

(2) The exception request is not based upon conditions or
circumstances that are self-created or self-imposed, nor does
the request arise from conditions or circumstances either
permitted or nonconforming that are related to adjacent
parcels;

(3) The exception request is the minimum necessary to afford
relief;

(4) The exception request will be in harmony with the purpose and
intent of this Article, and not injurious to the neighborhood
or otherwise detrimental to the public welfare; and

(5) Reasonable and appropriate conditions are imposed which will
prevent the exception request from causing a degradation of
water quality.

C. If the Director of Planning cannot make the required findings
or refuses to grant the exception, the Director of Planning shall return
the request for an exception together with the water quality impact
assessment and the written findings and rationale for the decision to the
applicant, with a copy to the Board of Zoning Appeals. The applicant may
then apply to the Board of Zoning Appeals for a variance as provided in
Division 22 of the Zoning ordinance.

D. The Board of Zoning Appeals shall consider the water quality
impact assessment and the findings and rationale of the Director of
Planning in determining- harmony with the intended spirit and purpose of
this Article. (11/29/91)

Sec. 9-475. Separability.

(1) Should any section or provision of this Article be declared by
the courts to be unconstitutional or invalid, such decision shall not
affect the validity of the Article as a whole, other than the part so
declared to be unconstitutional or invalid. (11/29/91)

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