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                                                  NEW KENT COUNTY

                                               UBDIVISION ORDINANCE


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                                        RAFT


                                  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


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                   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.


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              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.

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                    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.


                                 
      
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      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.

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       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

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       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.



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       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'


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      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.














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                    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.



                                      11










            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.




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             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.



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           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

                                     14










      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

                                      15









       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.


                                       16












       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:


                                      17









            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.

                                       19









            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.


                                      20




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  I      Secs. 9-398 throucth 9-400.   Reserved for future lecrislation.
  I
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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.



                                       22










             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.

                                 23
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             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.


                                        24










             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).



                                        25









           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 ï¿½9-462 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

                                     26










                  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

                                        27









       conjunction with the Water Quality Impact Statement required
       under ï¿½ 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.






                                      28










            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

                                      29









       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.



                                         30












             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.










                                         31
 










                                      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:


                                        32










                  (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).

                  (c)  Show percent of grade from PI to PI on profile.

                  (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

                                       33










       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.



                                      34











        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





                                        35









            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

                          19




                                                               (SEAL)

                                                               (SEAL)

                                                               (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




                                       36










             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

                                19




                 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.






















































                                      38











                 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

                                         39









        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

                             19



                                                               (SEAL)



                                                               (SEAL)



                                                               (SEAL)

             City/County of

             Commonwealth/State of

                  Acknowledged    before   me   this             day   of

                             19        by




                                               Notary Public

             my commission expires

             2. Certificate of approval:


                                       40













                 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.




                                      41










              

               

              

              
                    
                    

              

              

              

               

               
       

                                              42
 





 

	

		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.



								44   
 	



















            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;



                                      45










                 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

                                     46










        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=ï¿½t. 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.



                                          47









			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.


									48
		









             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:


                                           49
 










                         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.


























                                     50































                                                                                   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.

                                          52










            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:



                                        53










                  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

                                            54










        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..




                                           55





                                     7









           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.






















                                          56











                           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.


                                            57










       "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.

                                            58











        "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 ï¿½ 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


                                          60










       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

                                           61




                                                                 77









       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-

                                            62










       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.



                                            63










            (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;




                                           64










                  (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;



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                 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)


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        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.

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                 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:

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                  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.

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           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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