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(A) The agent shall not approve a subdivision of land if, from adequate investigations conducted by all necessary public agencies concerned, it has been determined by any such agency that the land is not suitable for subdivision and development purposes of the kind proposed. Furthermore, a subdivision for residential development purposes shall not be approved if it contains lots which are not suitable for residential occupancy for one of the following reasons or such other reasons that, in the opinion of the agent, may endanger the health, safety, property, and welfare of persons building and living on that lot or other properties:
(1) Land which is topographically unsuitable which by reason of steep slopes will require extensive grading or unusual construction practices in order for development to take place or which would provide less than 10,000 useable square feet of contiguous building area with slopes of less than 15%;
(2) Land with soils which by Health Department regulations or the provisions of this chapter are unsuitable for septic system drainfields and where no other means of sewage treatment is provided;
(3) Land with potentially injurious conditions resulting from special soil and water conditions such as shrinking and swelling clays and/or marine clays, unless such conditions can be rendered harmless by standard development and construction practices. All such areas must be clearly indicated on the plat; and
(4) Land with other adverse physical conditions identified by the public agencies involved, such as habitat of rare and endangered species, special and significant wildlife habitat, and identified sites of archaeological importance.
(B) Where on-lot sewage disposal systems, such as septic tanks and drainage fields, are proposed, a professional soils report stating the suitability of the land for such systems shall accompany an application for preliminary approval as set forth in §§ 154.025 through 154.038. Subdivisions shall not be approved where lots are of insufficient size or inappropriately shaped for construction of a residence and a suitable area, as needed, for a well, septic tank, septic drainfield, and reserve drainfield. The subdivider shall certify to the purchaser in writing, duly acknowledged as may be required by law for recording a deed, that each lot offered for sale has passed satisfactory percolation tests by the Department of Health and/or an independent engineering analysis approved by the Department of Health, unless public sewage has been provided. The subdivider shall also certify that adequate drinking water is available for the lot as specified by this chapter.
(C) Land shall not be subdivided which does not have access provided to each lot over suitable terrain as to provide reasonable means of ingress and egress.
(D) Wetlands as defined in the State Wetlands Zoning Act, VA Code §§ 28.2-1300 et seq., or any land subject to periodic flooding shall not be subdivided in such a way as to provide sites for residential occupancy nor for any other use which might involve danger to health, life, or property, or aggravate the flood hazard, and any such land within the proposed subdivision whether it be within a lot or reserved for common use of subdivision occupants shall be restricted against buildings or otherwise reserved for uses which will not be endangered by periodic or occasional inundation. To ensure sufficient buildable land which is flood free, the agent may require the subdivider to provide elevation and flood profiles sufficient to demonstrate the land to be free of the danger of floodwaters.
(E) Any land herein described as unsuitable for building sites shall be clearly indicated on the preliminary and final plats or site plan and, except as may be permitted in an approved residential cluster development, shall not be used to satisfy the minimum lot size requirements as prescribed by Chapter 157 of this code of ordinances or by the County Health Official for necessary septic and well installations, or the minimum lot area requirements of this chapter.
(F) A plat for the subdivision of land with poor drainage, excessive slope, or other adverse physical conditions will be considered for approval only if the subdivider shall agree in writing to make whatever improvements are necessary, and which, in the judgment of the agent, will comply with the provisions of this chapter and render the land safe and otherwise acceptable for development.
(Ord. passed 8-10-1989)