1245.05   STREET IMPROVEMENTS.
   (1)   As to all street improvements:
      (a)   The subdivider/developer shall lay out, grade, construct, and otherwise improve all streets designated on the approved plat or that directly serve the subdivision in accordance with the specifications in the Facilities Standards Manual and the standards of the Virginia Department of Transportation. For the purpose of this section, a street improvement shall be deemed to directly serve the subdivision or development when the need for such improvement is substantially generated by the proposed use.
      (b)   The streets and roads shall be designed and constructed in accordance with the specifications of the Virginia Department of Transportation and the specifications of these regulations and the Facilities Standards Manual.
      (c)   The roadways within and contiguous to any development shall be designed and constructed so as to ensure coordination with other existing and planned roads within the general area as to arrangement, character, extent, width, grade, location, and drainage. Existing and planned roads shall be deemed to include, without limitation, roads depicted in the General Plan and existing and planned roads and/or future adjacent subdivisions and contiguous to adjacent subdivisions.
   (2)   As to half streets:
      (a)   Half streets shall not be permitted except where such streets are essential to the reasonable development of the proposed subdivision/site plan in conformance with the other requirements of these regulations, and where the approving authority finds it will be practical to require the dedication of the other half of the street when the adjoining property is subdivided or developed.
      (b)   When deemed essential for the development and construction of a half street when a subdivision/site plan abuts one side of any public street which is in the State highway system, the subdivider/developer shall be required to construct street improvements, storm drainage facilities, the pavement, curb and gutter, and the sidewalk on the one-half of such street abutting such subdivision as may be required by the approving authority, upon recommendation of the Virginia Department of Transportation.
      (c)   Whenever a previously permitted half street is adjacent to a tract to be subsequently subdivided/developed the other half of the street shall be platted and dedicated as part of such subsequent application.
      (d)   Half streets shall be constructed to no less than one-half the standard width for the appropriate right-of-way, as required by the Virginia Department of Transportation, for that street.
   (3)   As to Class III roads and private access easements:
      (a)   For any subdivision or development of a tract of land involving a Class III road, a private access easement, or other designated right-of-way which is to be privately maintained, the plats recorded for the subdivision or development and for each such lot therein shall contain the following note (i) and either note (ii) or note (iii) or both, as applicable:
         (i)   “The access serving this lot is private and its maintenance, including snow removal, is NOT a public responsibility.”
   For streets or roads which shall be constructed to a standard less than those set by the Virginia Department of Transportation (VDOT) for acceptance as part of the secondary system of state highways:
         (ii)   The streets in this subdivision do not meet the standards necessary for inclusion in the system of state highways and will not be maintained by the Department of Transportation or the County and are not eligible for rural addition funds or any other funds appropriated by the General Assembly and allocated by the Commonwealth Transportation Board.
   For streets or roads which are required to meet VDOT standards for design and construction but which are not intended for acceptance as part of the secondary system of state highways:
         (iii)   The streets in this subdivision are not intended for inclusion in the system of state highways and will not be maintained by the Department of Transportation or the County and are not eligible for rural addition funds or any other funds appropriated by the General Assembly and allocated by the Commonwealth Transportation Board.
      (b)   An agreement, in proper form, shall be recorded in the land records and reflected in the chain of title of each lot in order to set forth that the construction, repair, and maintenance of the roadway connecting such lot to the public road is not the responsibility of the County or the State and to set forth legally binding responsibilities for the parties who are responsible for construction, repair, and maintenance, including snow removal, and all pertinent details. The agreement shall be between the owner of the lot, the contract purchaser, and other parties, if pertinent to the purpose of the agreement.
(Ord. 00-04. Passed 4-29-00; Ord. 05-05. Passed 6-16-05; Ord. 07-03. Passed 7-10-07.)