§ 156.068 IMPROVEMENTS.
   (A)   Cost of required improvements. All required improvements shall be installed by the subdivider at his or her cost. Specifications that have been established either by the State Department of Transportation (VDOT) for streets or town regulations, ordinances, and codes shall be followed. The subdivider’s bond shall not be released until all construction has been completed and approved by the Town Engineer or appropriate official. All improvements shall be in accordance with the requirements of this section.
   (B)   Construction of public streets. All public streets in the proposed subdivision shall be designed and constructed in accordance with the standards set by VDOT for acceptance into the state secondary road system, and at no cost to the town.
      (1)   Alignment and layout.
         (a)   The arrangement of streets in new subdivisions shall make provision for the continuation of existing streets in adjoining areas and proposed streets, as shown on the approved site plan. The street arrangement must cause no unnecessary hardship to owners of adjoining property when seeking convenient access to their property.
         (b)   Where, in the opinion of the agent, it is desirable to provide for street access to adjoining properties, the right-of-way of the proposed streets shall be extended to the boundary line of such properties.
         (c)   Half streets along the boundary of land proposed for subdivision shall not be permitted.
         (d)   Wherever possible, streets shall intersect at right angles. In all hillside areas, streets running with contours shall be required to meet the intersecting streets at angles of not less than 60 degrees unless approved by the agent upon recommendation of the highway engineer.
      (2)   Alleys in new subdivisions. Use of alleys in new subdivisions is not permitted.
      (3)   Private streets.
         (a)   Private streets shall not be allowed in any new subdivisions; except that townhouse, multifamily, and apartment projects may have access to a publicly maintained road via a private street, provided that it meets the appropriate design standards as approved by the Town Engineer. In no case shall there be reserve strips.
         (b)   Private streets shall be platted such that all lot owners are assured perpetual right of access to a publicly maintained street. The final plat shall note each private street as “privately owned and privately maintained by the lot owner(s)”. The final plat shall also provide an adequate easement for ingress, egress, maintenance of utilities, and public agencies, including police and fire departments.
         (c)   Private streets shall be constructed of minimum pavement design of six-inch 21A subgrade and two-inch SM-2A asphalt surface, or other such road section approved by the Town Engineer. Dead-end streets or culs-de-sac shall be terminated with a turnaround approved by the Town Engineer.
      (4)   Names.
         (a)   Proposed streets that are obviously in alignment with other existing and named streets shall bear the names of the duplicate existing street names, regardless of the use of the suffixes “street”, “avenue”, “boulevard”, “road”, “driveway”, “place”, “lane”, or “court”.
         (b)   Street names shall be indicated on the preliminary and final plats and shall be approved by the Council.
         (c)   Names of existing streets shall not be changed, except by approval of the Town Council.
         (d)   Street names shall be approved by County GIS for full use in the 9-1-1 system.
      (5)   Identification signs. Street identification signs shall be readable from either side, of a design approved by the Town Council, and installed at all intersections by the subdivider.
   (C)   Monuments.
      (1)   Installation. All monuments shall be installed by the subdivider and shall meet the minimum specifications described in this division (C). Upon completion of subdivision streets, sewers, and other improvements, the subdivider shall make certain that all required monuments are clearly visible for inspection and use. Such monuments shall be inspected and approved before an occupancy permit is issued by the Building Official.
      (2)   Location. All lot corners shall be marked with iron pipe not less than three-fourths inch in diameter and 18 inches long, and driven so as to be flush with the finished grade.
   (D)   Water facilities. Public water service shall be extended by the subdivider to all lots within a subdivision, in accordance with the approved site plan.
   (E)   Sewerage facilities. Public sewerage facilities shall be extended by the subdivider to all lots within a subdivision, and septic tanks will not be permitted. The subdivider shall provide each lot with a satisfactory and sanitary means of sewage collection and disposal in accordance with the approved site plan.
   (F)   Storm drainage facilities. The subdivider shall provide all necessary information needed to determine what drainage improvements are necessary to develop such property. The subdivider shall install the approved storm drainage facilities in accordance with the approved site plan.
   (G)   Fire protection. Fire hydrants shall be required in a subdivision at locations approved by the agent, provided adequate public water is available. The location and design of the fire hydrants shall meet the American Insurance Association’s specifications and be in accordance with the approved site plan.
   (H)   Easements. The agent may require the subdivider to provide easements through adjoining property. The width of easement provided for drainage, water, sewer, power lines, and other utilities in the subdivision shall be determined by the agent.
   (I)   Plans and specifications. Six blue or black line prints of the plans and specifications, for all required physical improvements to be installed, shall be prepared by an engineer or land surveyor and shall be submitted with the final plat to the agent for approval within 30 days. If approved, one copy, bearing certification of such approval, shall be returned to the subdivider. If denied, all papers, except for one copy, shall be returned to the subdivider, with written reason(s) for denial.
   (J)   Bonding.
      (1)   Performance bond.
         (a)   The subdivider shall furnish a cash bond or equivalent, a surety bond of a surety company, or a certified check, payable to the town, in an amount equal to the total cost of the public improvements determined by the agent using the most recent county unit price list. Such bond or check shall guarantee that the improvements will be installed within a reasonable length of time in a manner acceptable to the agent. The bond or check shall accompany the final plat. When construction has been completed, approved, and accepted on sections of the required improvements, the agent may release the bond submitted for the amount of the entire required improvements or a portion thereof leaving an amount adequate to cover the entire cost of the improvements yet to be constructed, approved, and accepted.
         (b)   Occupancy permits shall not be issued until all proposed public and private improvements on a site plan are completed; however, the Zoning Administrator shall have the authority, in his or her discretion and in appropriate cases, to accept a completion bond in a satisfactory amount to ensure completion of public or private improvements in lieu of actual completion where the Zoning Administrator finds that a completion bond adequately protects future owners.
      (2)   Maintenance bond. The subdivider shall be required to file a maintenance bond with the town in an amount considered adequate and in a form satisfactory to the town, in order to assure the satisfactory condition of the required landscape improvements, for a period of one year after the date of their acceptance.
      (3)   Phased development. If development is projected over a period of years, the agent may authorize submission of final plats by section or phase of development, subject to requirements or guarantees for improvements in future sections or phases of development essential for the protection of any approved section of development.
      (4)   Absence of bond. In the absence of a performance bond or check, no final plat shall be approved or recorded until the required improvements have been installed and approved by the agent or his or her authorized representative.
      (5)   Final as-built drawings. Final as-built drawings, showing all subsurface utility conditions, shall be provided prior to release of the performance bond. Three certified reproducible copy shall be provided to the agent, with accompanying letter certifying accuracy, submitted in sufficient time to permit review prior to release of performance bond.
   (K)   Sidewalks. Sidewalks shall be constructed in all subdivisions in accordance with the specifications of VDOT.
   (L)   Curb and gutter. Where deemed necessary by the agent, curbs and gutters shall be installed in accordance with the standards and specifications of the Town Engineer and VDOT.
(1998 Code, § 54-169) (Ord. passed 9-5-2017; Ord. O-2021-05, passed 12-7-2021) Penalty, see § 156.999