§ 20-5.1.8. Streets.

(a)

Alignment. Proposed streets that will intersect another street shall be laid out to intersect directly opposite each other or to be offset by at least one hundred twenty-five (125) feet.

(b)

Approach angle. Roads within subdivisions shall approach other roads at an angle of not less than eighty (80) degrees, unless the planning commission, after recommendation of the director of planning, approves an approach of not less than sixty (60) degrees for reasons of contour, terrain or matching of existing patterns.

(c)

Cul-de-sac. The right-of-way of a cul-de-sac street turnaround shall be as required in the Design Standards Manual.

(d)

Curb and gutters. Curb and gutter shall be installed on sides of arterial, collector, local streets and interior medians, if applicable, that provide frontage to lots within subdivisions where the minimum lot size is twenty-five thousand (25,000) square feet or less or within one (1) mile of a Spotsylvania County School (per Design Standards Manual).

(e)

Dedication. Subdivision streets shall be public, dedicated to Spotsylvania County and accepted into the Virginia Department of Transportation secondary roadway system, except that private streets shall be allowed in accordance with subsection 20-5.1.8(i) of this section.

(f)

Design. Except as provided in subsection 20-5.1.8(i) of this section, all streets shall be designed and constructed in conformance with the current standards and specifications of the Virginia Department of Transportation and this chapter. The road system shall be designed:

(1)

To permit the safe, efficient, and orderly movement of traffic;

(2)

To meet, but not exceed the needs of the present and future population served;

(3)

To have a simple and logical pattern;

(4)

To respect natural features and topography; and

(5)

To present an attractive streetscape.

(g)

Half streets. Half streets along the boundary of land proposed for subdivision shall not be permitted.

(h)

Names. Streets within proposed subdivisions that are reasonably aligned with existing named streets shall bear the same name as the existing street. In no case shall the names of proposed streets duplicate or be confusingly similar to existing street names except for the use of the words street, avenue, boulevard, drive, way, place, lane, and court. Street names shall be indicated on preliminary and record plats, and shall be approved by the planning commission or director of planning. Names of existing streets shall not be changed except by approval of the board of supervisors.

(i)

Private streets.

(1)

Applicability. Private streets may be allowed in commercial, industrial and multiple family and single family attached dwelling developments. With the approval of the director of planning, private streets may be allowed in (i) the resort residential district (RR), (ii) the planned development housing district (PDH) where the proffers provide for a gated community and at least eighty (80) percent of the units are occupied by at least one (1) person fifty-five (55) years of age or older per unit, and (iii) the planned development housing district (PDH) where an existing gated community seeks to extend existing private streets in order to complete development of the community in general conformance with the density and the area of development shown on the preliminary plat.

(2)

General standards.

(i)

Length and geometric design. The length and geometric design of the street shall be subject to the approval of the director of planning who shall consider means of access to adjoining properties, traffic movement and volume through the development, access for emergency and maintenance vehicles, parking, economy of development, and proposed provisions for maintenance and preservation of natural features of the property;

(ii)

Construction standards. Private streets shall be designed and constructed in accordance with the Design Standards [Manual]. Prior to final release of the surety required under article VI of this chapter, the subdivider's engineer shall inspect and certify to the county that the private streets have been completed.

(3)

Ingress and egress easements. Ingress and egress easements for public emergency and maintenance vehicles shall be granted to the county over all private streets within a development.

(4)

Ownership, care and maintenance. The record plat, all deeds of subdivision, the restrictive covenants and conditions and similar instruments, and each deed of conveyance of any subdivision lot must contain the following statement in bold type:

ALL STREETS IN THIS SUBDIVISION ARE PRIVATE AND WILL NOT BE MAINTAINED BY EITHER THE COUNTY OR THE STATE DEPARTMENT OF TRANSPORTATION. THEY SHALL BE MAINTAINED BY OWNERS OF THE LOTS OR THE OWNERS OF THE DWELLINGS LOCATED IN THE SUBDIVISION. PRIOR TO ANY FUTURE REQUEST FOR THEIR ADDITION TO THE STATE SECONDARY HIGHWAY SYSTEM, THEY MUST BE DEVELOPED IN FULL COMPLIANCE WITH THE STATE DEPARTMENT OF TRANSPORTATION SUBDIVISION STREET REQUIREMENTS IN EFFECT AT THAT TIME. ANY SUCH DEVELOPMENT SHALL BE AT THE EXPENSE OF THE OWNERS OF THE LOTS OR THE OWNERS OF THE DWELLINGS LOCATED IN THE SUBDIVISION.

(j)

Reserve strips. There shall be no reserve strips (spite strips) controlling access to streets.

(k)

Sidewalks. Sidewalks shall be required as follows and shall be constructed in accordance with the state subdivision street requirements as required for acceptance by the state and shall be located adjacent to the street right-of-way in a manner so as to maximize safety and convenience:

(1)

Subdivisions located in the village district;

(2)

All subdivisions involving multifamily or attached dwellings;

(3)

Along all streets in residential subdivisions where curb and gutters are provided;

(4)

Sidewalks may also be required by the director of planning, in the case of a minor subdivision, or the planning commission where necessary to continue another sidewalk or pedestrian walkway on an existing street, to link areas within a proposed subdivision or to other areas of planned significant development or to link subdivisions to schools and/or recreational areas.

(5)

Sidewalks not eligible for VDOT maintenance:

(i)

Ownership and maintenance. Sidewalks not eligible for VDOT maintenance shall be constructed by the developer within the right-of-way and maintained by the homeowners' association. Sidewalks shall be provided as shown on Plate 5-9 of the Design Standards Manual.

(ii)

Outside VDOT right-of-way. If approved by the planning director, sidewalks not eligible for VDOT maintenance may be located within a sidewalk maintenance easement adjacent to the VDOT right-of-way. The sidewalk shall be constructed prior to issuance of any occupancy permit on the adjacent street. The sidewalks shall be constructed as shown on Plate 5-9 of the Design Standards Manual and modified to allow a four-foot pavement width located within a six-foot sidewalk maintenance easement. The sidewalks shall be maintained by the homeowners association.

(iii)

Within VDOT right-of-way. In lieu of providing the sidewalk within an easement adjacent to the VDOT right-of-way, if VDOT agrees, the developer may construct the sidewalk as described in subsection 20-5.1.8(j)(5)(ii) above and shall provide a cash escrow for the total estimated construction cost of the sidewalk, which may be used by the homeowner's association for sidewalk maintenance.

(l)

Street lights. Street lighting shall be provided on all preliminary plats and site plans in accordance with the Design Standards Manual.

(m)

Turn lanes. Left turn lanes shall be provided at entrances to all major subdivisions on streets with route numbers below 600.

(Ord. No. 20-38, 1-12-10)

(Ord. No. 20-38, 1-12-10)