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Chapter 19 - Land Use and Development

Division 5 General Improvements

§ 19.5-25 Applicable rules and regulations.

A. In addition to the requirements established in these regulations, all subdivision plats shall comply with the following laws, rules, and regulations:

(1) All applicable statutory provisions.

(2) Chapter 19.6, Zoning, of the Appomattox County Code, building and housing codes, and all other applicable laws of the appropriate jurisdiction(s).

(3) The Comprehensive Plan, Official Map, and Capital Improvements Program for the County, including all streets, drainage systems, and parks shown on the Official Map or Comprehensive Plan as adopted.

(4) The special requirements of these regulations and any rules of the Virginia Department of Health (VDH) and appropriate agencies.

(5) The rules of the Virginia Department of Transportation (VDOT) if the subdivision or any lot contained therein abuts a public street.

(6) The standards and regulations adopted by the County and all boards, commissions, agencies, and officials of the County.

B. Plat approval may be withheld if a subdivision is not in conformity with the above laws, regulations, guidelines, and policies, as well as the purpose of these regulations as established in § 19.5-2 of these regulations.

§ 19.5-26 Land to be appropriate for development.

A. Land to be subdivided shall be of such character that it can be used safely for and properly support its proposed uses without danger to health or peril from fire, flood, or other menace.

B. Land that is unsuitable for subdivision or development due to flooding, improper drainage, steep slopes, rock formations, adverse earth formations or topography, utility easements, adverse soil characteristics, or other features that will reasonably be harmful to the safety, health, and general welfare of the present or future inhabitants of the subdivision and/or its surrounding areas shall not be subdivided or developed unless adequate methods are formulated by the developer and approved by the Subdivision Agent to solve problems created by the unsuitable land conditions. Such land shall be set aside for uses as shall not involve any danger to public health, safety, and general welfare.

C. The developer for a major subdivision must, at the request of the Subdivision Agent, submit sufficient information and data on the proposed development to demonstrate the expected impact on and use of public facilities and services by the proposed subdivision. Public facilities and services shall include, but may not be limited to, sanitary sewer, water, schools, and highways.

D. Proposed public improvements shall conform to and be properly related to the Comprehensive Plan and all applicable capital improvement plans.

E. Extensions of public water and/or public sewer are required in all major subdivisions if the proposed subdivision is within 500 feet of an existing public line, unless the utility provider refuses service. Written proof of such denial shall be provided to the Subdivision Agent.

F. Provisions shall be made to manage stormwater within the development. Drainage improvements shall accommodate potential runoff from the entire upstream drainage area and shall be designed to prevent increases in downstream flooding in accordance with Chapter 19.3, Erosion and Sediment Control, of the Appomattox County Code. The County may require the use of control methods such as retention or detention and/or the construction of off-site drainage improvements to mitigate the impacts of the proposed development.

G. Proposed subdivision streets shall provide for a safe, convenient, and functional system for vehicular, pedestrian, and bicycle circulation, shall be properly related to the Comprehensive Plan, and shall be appropriate for the particular traffic characteristics of each proposed development, all in accordance with the standards of the Virginia Department of Transportation (VDOT).

H. Public utility easements shall be provided throughout all major subdivisions. Such easement shall be of a dimension suitable to provide for any required present extension or future utilities and services.

§ 19.5-27 Self-imposed restrictions.

Appomattox County does not approve or enforce self-imposed or private restrictions or covenants.

§ 19.5-28 Subdivision name.

All major subdivisions shall be named. The proposed name of the subdivision shall not duplicate, or too closely approximate phonetically, the name of any subdivision or street in the area covered by these regulations. The subdivider shall name the subdivision subject to the Subdivision Agent’s approval.

§ 19.5-29 Plats crossing municipal boundaries.

Whenever access to a proposed subdivision is required across land in another municipality, the developer shall demonstrate to the County that access is legally established and is adequately improved or that a guarantee has been duly executed and is sufficient to assure construction of the access road. Any lot or portion thereof having area in more than one jurisdiction shall conform to the requirements of the jurisdiction in which the majority of road frontage lies. In general, lot lines should be laid out so as not to cross boundary lines.

§ 19.5-30 Monuments.

A. Upon completion of subdivision streets, sewers, and other improvements, the subdivider shall make certain that all monuments required by VDOT are clearly visible for inspection and use. Such monument shall be inspected and approved by VDOT before any improvements are accepted by the Board of Supervisors. All monuments shall be checked for accuracy and/or reset if found incorrectly set.

B. All other lot corners shall be marked with solid iron or pipe not less than 1/2 inch in diameter and 20 inches long and driven so as to be flush with the finished grade. When rock is encountered, a hole shall be drilled four inches deep, into which shall be cemented a steel rod 1/2 inch in diameter, the top of which shall be flush with the finished grade.

§ 19.5-31 Lot arrangement.

The lot arrangement shall be such that there will be no foreseeable difficulties, for reasons of topography or other conditions, in securing building permits to build on all lots in compliance with Chapter 19.6, Zoning, of the Appomattox County Code and Health Department regulations and in providing access to buildings on the lots from an approved street.

§ 19.5-32 Lot size.

All lots shall conform to the minimum standards as contained in Chapter 19.6, Zoning, of the Appomattox County Code. The lot area may be greater than the minimum specified in Chapter 19.6, Zoning; however, the Subdivision Agent may require that these lots be arranged so as to allow for further subdivision and the opening of future streets where they would be needed to serve future lots, all in compliance with Chapter 19.6, Zoning, and these regulations.

§ 19.5-33 Lot shape.

The arrangement, design, and shape of lots shall provide efficient and appropriate sites of buildings, recognize and complement the natural contour of the land, and conform to the requirements of this chapter. Lots shall not contain peculiar elongations solely to provide necessary square footage of area or street frontage which would be unusable for normal purposes. The depth of a residential lot shall not exceed five times its width. Depth and width ratios for properties to be used for commercial or industrial purposes shall be adequate to provide for the off-street parking and loading facilities required for the type of use and development contemplated and as established in Chapter 19.6, Zoning, of the Appomattox County Code.

§ 19.5-34 Orientation of lot.

The lot line common to the street right-of-way shall be the front line, and all lots shall face the front line and a similar line across the street. Wherever feasible, lots shall be arranged so that the rear line of one lot does not abut the side line of an adjacent lot.

§ 19.5-35 Lot frontage.

Every lot shall front on a public street, except as provided for in § 19.5-18C(4) (family division) and § 19.5-17D (agricultural subdivision). Each lot shall have the minimum frontage according to its respective zoning district as shown in Chapter 19.6, Zoning, of the Appomattox County Code.

§ 19.5-36 Corner lots.

Corner lots shall have extra width for maintenance of any required setback line on both streets as set forth in Chapter 19.6, Zoning, of the Appomattox County Code. All sides of a lot abutting a street shall be considered frontage and subject to the setback requirements of Chapter 19.6, Zoning.

§ 19.5-37 Side lot lines.

Side lot lines shall be approximately at right angles or approximately radial, where possible, to the street line, except at the cul-de-sac terminal points.

§ 19.5-38 Residue tracts or outlots.

Residue tracts or outlots that do not conform to current standards shall not be permitted. Residue tracts that are below the minimum lot size must be added to adjacent lots or otherwise disposed of rather than allowing them to remain as a nonconforming lot.

§ 19.5-39 Lots with double frontage.

Double frontage lots shall be avoided except where essential to provide separation of residential development from arterial highways or to overcome specific disadvantages of topography and orientation. Access to such lots shall be from a secondary road and not from the arterial highway. A planting strip of at least 10 feet in width and spanning the entire length of the lot shall be installed and across which there shall be no right of access.

§ 19.5-40 Private water and sewerage facilities.

Nothing in this article shall prevent the installation of privately owned water and/or sewerage facilities in areas where public water and/or sewerage facilities are not available; provided, however, that such installations must meet all the requirements of the State Water Control Board, State Health Department, and any other state or local regulation having authority over such installation. Greater lot areas may require individual septic tank systems or individual wells if the health official determines that there are factors of drainage, soil condition or other conditions to cause potential health problems. The Agent shall require that data from soil evaluation and/or percolation tests be submitted as a basis for passing subdivisions dependent upon septic tanks as a means of sewage disposal. Where public water and/or public sewerage is available, the service shall be extended to all lots within the subdivision and septic tanks will not be permitted.

A. Soil evaluations. The subdivider shall submit to the Agent with each final plat the results of tests or other methods of soil evaluation used to determine the suitability of the soil for septic systems with conventional drain fields, if septic systems are proposed to be used in the development of the subdivision and the results are requested by the Agent. These results shall be forwarded by the Agent to the Health Department.

B. Health Department approval. If required as a condition of final plat approval, a final plat shall not be approved if individual private wells are proposed for the subdivision until written approval has been received from the Health Department by the Subdivision Agent. A final plat shall not be approved if septic systems are proposed for the subdivision until written approval has been received from the Health Department by the Subdivision Agent as follows:

(1) The Health Department shall determine the suitability of the soil of each lot of the subdivision for which septic systems with a conventional drain field will be constructed and shall submit his opinion to the Agent.

(2) The Health Department may require as a condition of his approval of the installation of septic systems, and whenever necessary for the satisfactory installation of the septic systems, that individual lots be graded and drained so as to assure the effective removal of surface water from each lot.

§ 19.5-41 Erosion and sediment control.

Land to be subdivided shall be laid out and improved in reasonable conformity with existing topography, in order to minimize grading and cut and fill and to retain the natural contours and stormwater runoff and, where possible, to conserve the natural cover and soil. No topsoil and/or gravel shall be removed from any lot shown on a subdivision plat, except in accordance with the provisions of Chapter 19.3, Erosion and Sediment Control, of the Appomattox County Code.

A. Topsoil shall not be removed from residential lots or used as spoil but shall be redistributed and shall be stabilized by seeding or planting.

B. Lots shall be laid out so as to provide positive drainage away from all buildings, and individual lot drainage shall be coordinated in general storm drainage pattern for the area. Drainage shall be designed so as to avoid concentration of storm drainage water from each lot to the adjoining lot.

C. Seeding and sod requirements shall be appropriate for the local climate and shall be in accordance with Chapter 19.3, Erosion and Sediment Control.

§ 19.5-42 Construction debris and waste.

No chemical or man-made product(s) or material(s) of any kind shall be buried in any land or left or deposited on any lot or street, other than the County landfill, at the time of issuance of a certificate of occupancy, and removal of those items and materials shall be required prior to issuance of any certificate of occupancy on a subdivision lot.

§ 19.5-43 Block length.

Blocks shall not be greater than 1,200 feet nor less than 500 feet in length. However, the Board of Supervisors may waive this provision when, in its judgment, extreme topographic conditions would cause undue hardship if the developer complied with this provision.

§ 19.5-44 Block width.

Blocks shall be wide enough to provide two tiers of lots of minimum depth, except where abutting upon major streets, limited access highways, or railroads or topographical or other situations make this requirement impractical, in which case the Subdivision Agent may approve a single tier of lots of minimum depth.

§ 19.5-45 Block orientation.

Where a proposed subdivision adjoins a road classified as a collector or arterial by VDOT, blocks shall be oriented to minimize ingress and egress on such roads; provided, however, that adequate emergency access shall be allowed.

§ 19.5-46 Commercial or industrial subdivisions.

Any lot or block intended for nonresidential use shall be designed specifically for that purpose with adequate space for off-street parking, loading, and delivery facilities in accordance with Chapter 19.6, Zoning, of the Appomattox County Code.

§ 19.5-47 Consideration for parks, schools and public facilities.

In subdividing property, consideration shall be given to suitable sites for parks, schools, roads, and other areas of public use as contained in the Comprehensive Plan. Sites for parks, schools, or other public facilities shall be indicated on the preliminary plan to determine if, when, and in what manner such sites will be dedicated to, reserved for, or acquired by the governing body for that use.

§ 19.5-48 Public utility lots.

[Amended 8-17-2009]

Lots created to serve public utilities shall be exempt from the minimum lot size, minimum setback, and the minimum street frontage requirement. Such lots shall have a dedicated easement, if necessary, no less than 20 feet in width.


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