(A) The subdivision agent may require a subdivider to dedicate to Northampton County in fee simple or by easement any portion of the property set apart for public roads, alleys, for public use or any other use indicated on the plat which creates a public right of passage over the land. Such dedication shall include any curb, gutter, sidewalk, or bicycle trail indicated on the plat.
(B) The subdivision agent may require a subdivider to dedicate in fee simple or by easement to Northampton County or to such association or public authority as the subdivision agent may require such improvements or easements shown on such plat for the conveyance of storm water, domestic water or sewerage. The recordation of such plat shall operate to transfer to the locality, or to such association or public authority as the subdivision agent may provide, such easements shown on the plat for the conveyance of stormwater, domestic water and sewage, including the installation and maintenance of any facilities utilized for such purposes.
(C) When any subdivision abuts an existing public road with inadequate right-of-way, the subdivision agent shall require the developer to dedicate the necessary right-of-way to meet the minimum right-of-way requirement to the Virginia Department of Transportation.
(D) The Board of Supervisors shall not be required to compensate the subdivider for the dedicated land or improvements thereon.
(E) The land and improvements to be dedicated shall be set apart on the record plat and shall be identified by a note on the plat stating that the land is dedicated for public use.
(F) In accordance with VA Code § 15.2-2265:
(1) The recordation of such plat shall operate to transfer to the locality, or to such association or public authority as the subdivision agent may provide, such easements shown on the plat for the conveyance of stormwater, domestic water and sewage, including the installation and maintenance of any facilities utilized for such purposes.
(2) When the Zoning Administrator or the Board of Supervisors, approve in accordance with the subdivision ordinances of the locality a plat or replat of land therein, then upon the recording of the plat or replat in the circuit court clerk's office, all rights-of-way, easements or other interest of Northampton County in the land included on the plat or replat, except as shown thereon, shall be terminated and extinguished, except that an interest acquired by Northampton County by condemnation, by purchase for valuable consideration and evidenced by a separate instrument of record, or streets, alleys or easements for public passage subject to the provisions of VA Code § 15.2-2271 or 15.2-2272 shall not be affected thereby. All public easements, except those for public passage, easements containing improvements, those that contain private utility facilities, common or shared easements for the use of franchised cable operators and public service corporations, may be relocated by recordation of plat or replat signed by the owner of the real property, approved by the Zoning Administrator or Board of Supervisors, regardless of the manner of acquisition or the type of instrument used to dedicate the original easement. In the event the purpose of the easement is to convey stormwater drainage from a public roadway, the entity responsible for the operation of the roadway shall first determine that the relocation does not threaten either the integrity of the roadway or public passage.
(G) Notwithstanding the provisions of division (F) of this section, when the streets in a subdivision have not been accepted into the highway system and serve only, or are primarily for, the general welfare of the inhabitants of the subdivision and do not serve as a connector to other public rights-of-way, then upon petition to the Board of Supervisors, signed by the owners of two-thirds of the subdivision lots, including the subdivider if he has an interest in the subdivision, requesting that they be allowed to restrict ingress and egress to the subdivision, the Board of Supervisors may permit the restriction subject to the following conditions:
(1) The restriction may be abolished at any time in the sole discretion of the Board of Supervisors;
(2) The restriction shall not be asserted in opposition to the public ownership;
(3) The streets shall not be blocked to ingress and egress of government or public service company vehicles;
(4) Necessary maintenance of the streets will be paid for by the owners; and
(5) Such other conditions as may be imposed by the Board of Supervisors.
(Ord. passed 11-15-2006; Am. Ord. passed 11-10-2020; Am. Ord. passed 12-8-2020)