§ 4-3. Improvements.

All required improvements shall be installed by the subdivider at his/her cost. In cases where specifications have been established either by the Virginia Department of Transportation (VDOT) for streets, curbs, drainage, etc., or by local ordinances and codes, such specifications shall be followed. The subdivider's bond shall not be released until construction has been inspected and approved by the appropriate engineer and by the Subdivision Agent. All improvements shall be in accordance with the requirements as outlines herein and other Town regulations. The Town's Subdivision Agent may approve partial release of bonds upon approved completion of major portions of the required improvements, consistent with and as provided for in Sections 15.2-2241 through 15.2-2246 of the Code of Virginia. This ordinance includes by reference, all provisions of Sections 15.2-2241 through 15.2-2266 of the Code of Virginia, 1950, as amended.

4-3-1. Streets. All streets, service drives and alleys in the proposed subdivision shall be designed and constructed in accordance with the VDOT road specifications and requirements, except as may otherwise be approved by the Town in conjunction with approval of a Planned Unit Development (PUD) District or within a townhouse or business park development.

4-3-2. Streets. All new streets shall have a minimum of a fifty-foot right-of-way, unless otherwise provided for as part of a PUD zoning approval.

4-3-3. Alleys. Dead end alleys must have turn-arounds or culs-de-sac of at least one hundred (100) feet in diameter, except as may be provided for in PUD zoning designation.

4-3-4. Coastal Flood Plain and Coastal High Hazard Areas. Areas which are shown on the Federal Emergency Management Agency (FEMA) Flood Insurance Rate Map which are subject to flooding, the streets and sidewalks of the subdivision therein shall be designed to minimize their potential for increasing and aggravating the levels of flood flow. Drainage openings shall be required to sufficiently discharge flood flows without unduly increasing flood depths.

4-3-5. Alignment and Layout of Streets. The arrangements 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. Where, in the opinion of the Subdivision Agent shall require the connection of existing streets to access the adjoining property(s). Proposed streets shall be extended and constructed to the boundary line of adjoining property(s). Signage shall be posted at locations within a subdivision where such streets terminate. The signage shall state: "This street may be extended to serve future development and is not a permanent cul-de-sac." A reference to this notification shall be placed upon all record plats and within the deeds of the individual lots within the subdivision.
Half streets along the boundary of land proposed for subdivision will not be permitted. Wherever possible, streets should intersect at right angles. In all hillside areas streets running with contours shall be required to intersect at angles of not less than eighty (80) degrees, unless approved by the Subdivision Agent upon recommendation of VDOT.

4-3-6. Service Drives. Whenever a proposed subdivision contains, or if is adjacent to, a limited access highway or expressway, provision shall be made for a service drive or marginal street approximately parallel to such right-of-way at a distance suitable for buffering the residential properties from such highway and the proposed subdivision. Such distances shall be determined with due consideration of the minimum distance required for ingress and egress to the main thoroughfare.

4-3-7. Right-of-way Crossings. The right-of-way of any major highway or street projected across any railroad, limited access highway or expressway shall be of adequate width to provide for the cuts or fills required for any future separation of grades. Any such service drive or marginal street shall be constructed in accordance to plans and specifications of the VDOT, to include its right-of-way requirements.

4-3-8. Approach Angle of Streets. Streets shall approach intersecting streets at an angle of not less than eighty (80) degrees, unless the Subdivision Agent upon recommendation of VDOT, shall approve a lesser angle of approach for reasons of contour, terrain or matching of existing traffic patterns.

4-3-9. Cul-de-sac. Generally, terminal streets (cul-de-sac), shall not exceed a length of five hundred (500) feet to the beginning of the turn-around. Cul-de-sacs shall not provide access to more than twelve (12) lots. Each cul-de-sac must be terminated by a turn-around of not less than one hundred (100) feet in diameter, except as may be provided for in Planned Unit Development District.

4-3-10. Reserve Strips. There shall be no reserve strips controlling access to streets.

4-3-11. Private Streets. There shall be no private streets platted in any subdivision. Every subdivided property shall be served from a publicly dedicated street except as may be provided for in Planned Unit Development Districts or within a Townhouse Development.

4-3-12. Names of Streets. Proposed streets which are obviously in alignment with other already existing and named streets, shall bear the names of the existing streets. In no case shall the names of proposed streets duplicate existing street names irrespective of the use of the suffix street, avenue, boulevard, drive, way, place, lane, or court. Street names shall be indicated on the preliminary and final plats, and shall be subject to approval by the Subdivision Agent. Names of existing streets shall not be changed except by approval of the governing body.

4-3-13. Monuments. As required by this ordinance all monuments must be installed by the subdivider and shall meet the minimum specifications (as described in this ordinance.) Upon completion of subdivision streets, sewers, and other improvements, the subdivider shall make certain that all monuments required by the Subdivision Agent are clearly visible for inspection and use. Such monuments shall be inspected and approved by the Subdivision Agent before any improvements are accepted by the governing body. The area immediately surrounding a monument (a radius of at least five (5) feet) shall be shown on the record plats as common area/easements dedicated to the home/property owners association.

4-3-14. Location—Concrete. Concrete monuments four (4) inches in diameter or square, three (3) feet long (deep), 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 points of curve in each street. The top of the monument shall have an appropriate mark to identify property location and shall be set flush with finished grade.

4-3-15. Location—Iron pipe. All other lot corners shall be marked with iron pipe not less than three-fourths (¾) inch in diameter and twenty-four (24) inches long and driven so as to be flush with the finished grade. When rock is encountered, a hole shall be drilled four (4) inches deep in the rock, into which shall be cemented a steel rod one-half (½) inch in diameter, the top of which shall be flush with the finished grade line.

4-3-16. Water Facilities. Public water facilities shall be extended by the subdivider to all lots within a subdivision. Every subdivision lot shall be provided by the subdivider with a satisfactory and sanitary means of central water distribution in accordance with the design standards and specifications of the Town of Colonial Beach for water construction and improvements and meeting the approval of the Director of Public Utilities and the Subdivision Agent. All costs shall be borne by the subdivider.
Water facilities in Coastal Flood Plain and Coastal High Hazard Areas as shown on the FEMA Flood Insurance Rate Map shall be designed to minimize or eliminate infiltration of flood waters into the system and be located and constructed to minimize or eliminate flood damage.

4-3-17. Sewerage Facilities. Public sewerage facilities shall be extended by the subdivider to all lots within a subdivision. Every subdivision lot shall be provided by the subdivider with a satisfactory and sanitary means of central sewage collection and disposal in accordance with the design standards and specifications of the Town of Colonial Beach for sewage construction and improvements meeting the approval of the Director of Public Utilities and the Subdivision Agent. All costs shall be borne by the subdivider.
All new or replacement sanitary sewer facilities, (including all pumping stations and collector systems) within Coastal Flood Plain and Coastal High Hazard Areas as shown on the FEMA Flood Insurance Rate Map, shall be designed to minimize or eliminate infiltration of flood waters into the systems and discharges from the systems into floodwaters. In addition, they should be located and constructed to minimize or eliminate flood damage and impairment.

4-3-18. Private Sewer. Private sanitary sewer systems are not permitted to be installed on private property within the corporate limits of the Town of Colonial Beach. Where such a system is pre-existing and such system fails the property owner shall be required to connect to the Town's sanitary sewer system. All costs for construction and connection shall be the responsibility of the property owner.

4-3-19. Lot Size. The minimum lot size shall be in accordance with standards set forth in the Zoning Ordinance of the Town of Colonial Beach.

4-3-20. Storm Drainage. Storm drainage facilities shall be designed and constructed in accord with the facility design and construction standards of the Town of Colonial Beach. The subdivider shall provide all necessary information needed to determine what improvements are necessary to properly develop the subject property, including contour intervals, drainage plans, flood control devices and surface water quality protection. The subdivider shall also provide plans for all such improvements, and when properly installed will be adequate for appropriate development. Low Impact Development (LID) methods should be used to the maximum extent possible to manage storm water runoff and drainage. The Subdivision Agent shall then approve or disapprove the plans. The subdivider shall also provide any other information required by the VDOT resident engineer.
All storm drain facilities shall be designed to convey the flow of surface water without damage to persons or property, and to minimize off-site impacts, which may require retention on-site. The system shall insure drainage away from buildings and on-site waste disposal sites. The Director of Public Works and/or the Subdivision Agent may require primarily underground system to accommodate frequent floods and a secondary surface system to accommodate larger, less frequent floods. Drainage plans shall be consistent with local and regional drainage plans, including those of VDOT, and the Chesapeake Bay water quality protection objectives. All costs for storm drainage shall be borne by the subdivider.

4-3-21. Fire Protection. Fire Protection facilities shall be designed and constructed in accordance with the facility design and construction standards of the Town of Colonial Beach. The installation of adequate fire hydrants in a subdivision at locations approved by the Subdivision Agent may be required. The Subdivision Agent shall consult with the Director of Public Utilities before approving such location. All costs shall be borne by the subdivider.

4-3-22. Easements. The Subdivision Agent in consultation with Director of Public Utilities/Works and/or Town Engineer may require easements for drainage or stormwater management facilities. When required by the Subdivision Agent the construction easement shall be no less than forty (40) feet in width and permanent easements shall not be less than twenty (20) feet in width. Easements shall be provided for water, sewer, power lines and other utilities in the subdivision. Easements shall be designed and located in accordance with the facility design and construction standards of the Town of Colonial Beach. All easements shall be shown on the final plat.

4-3-23. Surety.

A.

Upon submission of a final subdivision plat to the Town for approval, the subdivider shall complete or provide for completion of all required public improvements at the subdivider's expense. To provide for completion, the subdivider shall provide the Subdivision Agent with a certified check, cash escrow, bond instrument, or letter of credit payable to the Town of Colonial Beach, in a form acceptable to the Town Attorney. All bonds and letters of credit must be issued by a bank that has a physical location in Virginia that is within one hundred (100) miles of the Town. The amount of such certified check, cash escrow, bond, or letter of credit shall not exceed the total of the estimated cost of construction as determined by the Town, based on unit prices for new public or private sector construction in the Town and a reasonable allowance for estimated administrative costs, inflation, and potential damage to existing roads or utilities, which shall not exceed ten (10) percent of the estimated construction costs. The subdivider shall obtain the Subdivision Agent's approval of its estimate of the time necessary to complete the improvements. If that time is exceeded and is not extended by the Subdivision Agent, the Subdivision Agent shall arrange for completion of the improvements using the certified check, cash escrow, or letter of credit or by calling on the surety on the bond.

B.

Upon the subdivider's written request, the Subdivision Agent shall make periodic partial releases of bonds, escrows, letters of credit or other performance guarantees in a cumulative amount equal to no more than ninety (90) percent of the original amount for which the bond, escrow, letter of credit or other performance guarantee was taken, based upon the percentage of facilities completed. Periodic partial releases may not occur before the completion of at least thirty (30) percent of the facilities covered by any bond, escrow, letter of credit or other performance guarantee. The Subdivision Agent shall not be required to execute more than three (3) periodic partial releases in any calendar year.

C.

Within thirty (30) days of receipt of written notice by the subdivider of completion of part or all of the facilities required to be constructed, the Subdivision Agent shall notify the subdivider of any specified defects or deficiencies in construction and suggested corrective measures. Written notice under this subsection shall consist of a letter from the subdivider to the Subdivision Agent requesting reduction or release of the performance guarantee along with a set of as-built plans on mylar and a certificate of completion by an engineer licensed by the Commonwealth of Virginia. If no action is taken by the Subdivision Agent within the thirty-day period, the request shall be deemed approved and a partial release granted to the subdivider. No final release shall be granted until after such thirty-day period has expired and there is an additional request in writing sent by certified mail, return receipt requested, to the Town Manager. The Subdivision Agent shall have ten (10) working days after receipt of the second request for final release to act, and, if no action is taken, the request shall be deemed approved and final release granted to the subdivider.

4-3-24. Developer/Subdivision Agreements. Facilities shown on the final and/or preliminary plats which are not dedicated but are owned by the property/home owner association shall also be referenced via an agreement with the Town as it relates to the maintenance of such facilities. Such facilities may include but are not limited to landscaping, stormwater management structures, entrance signs parks, trails or sidewalks and other similar facilities.

4-3-25. Utilities. All utilities such as gas lines, electrical lines, cable TV lines and telephone lines and similar facilities shall be buried and constructed to minimize the chance of impairment during a flood event. This requirement applies to pre-existing distribution lines along subject property's frontage with an existing state highway. The costs of burying and construction shall be borne by the property owner or developer.