19671121 1967-8ORDINANCE NO. 1967-8
AN ORDINANCE regulating the division or redivision of land
into two or more lots or other divisions of land and
regulating the construction of improvements thereon to
become Appendix A of the Fairfax City Code,,
ARTICLE ONEc PURPOSE
The purpose of this ordinance~ to be known as the Subdivision Ordi-
nance~ is to provide for (I) the harmonious development of the City; (2) coor-
dination of roads within the subdivisions with other existing~ planned or
platted roads or with other features of the City or with any road plan adopted
or approved by the Commission as part of the Commission's general plan;
(3) adequate open spaces for traffic~ recreation~ light and air~ by dedication~
or otherwise; (4) reservation of lands for schools and other public buildings
and for parks~ playgrounds, and other public purposes; (5) the conservation of
or production of adequate transportation, water~ drainage~ and sanitary facili-
ties; (6) the preservation of the location of and the volume and flow of water
in and other characteristics of natural streams and other waterways; (7) the
avoidance of population congestion; (8) the avoidance of such scattered or
premature subdivision of land as would involve danger or injury to health,
safety~ or welfare by reason of the lack of water supply~ drainage~ transporta-
tion or other public services or necessitate an excessive expenditure of public
funds for the supply of such services; (9) conformity of resubdivided lots to
the character of lots within the existing subdivision with respect to area~
frontage, and alignment to existing lots a~d streets; (lO) control of subdivision
or building (except for agricultural or recreational purposes) in flood plain
areas of streams and drainage courses~ and on unsafe land areas; (11) preser-
vation of outstanding natural or cultural features and historic sites or
structures; or (12) other benefits to the health, comfort, safety, or welfare
of the present and future population of the City.
ARTICLE TWO. DEFINITIONS AS USED IN THIS ORDINANCE~
1~ '~lley" - A public right of way primarily designed to afford
access to the side or rear of properties whose principal frontage is on a street..
2. "Arterial Street" - A major street as shown upon the Master Plan
providing for general access between major sections of the City and carrying a
heavy flow of traffic~
3~ "Bond Committee" - A committee composed of the City Manager, City
Attorney and the Director authorized to determine the adequacy of~ and approve
bonds~
4. "Building" - A structure projecting above the level of the ground,
intended for the shelter, support, or enclosure of persons, animals or chattels.
When a structure is completely separated into two or more portions by divisional
walls from the foundation up to the roof without any normal access openings each
such portion of the building shall be deemed a separate building~
5. "Collector Street" - A street serving two or more distinct sub-
divisions and allowing free access of traffic between units of the arterial
street system~
Fairfaxo
"Commission" shall mean the Planning Commission of the City of
"Council" shall mean the City Council of Fairfax~ Virginia~
"Director" shall mean the Director of Public Works for the City
of Fairfax~
9~ "Easement" - A grant or reservation by the owner of land for the
use of all or a portion of such by others~ including the public~ for a specific
purpose or purposes~ and which must be included in the conveyance of land
affected by such easement~ The usage of the word easement for land platting
purposes in this ordinance means that such an easement area is included within
the dimensions and areas of the lots or parcels through which the easement may
run, and is not to be separated therefrom as in the case of a dedicated right
of way~
i0. "Lot" shall mean a portion of a subdivision intended for transfer
of ownership or for building development for a single building and its accesspry
buildings°
llo "Minor Street" - A street serving a resident'iai area and light
traffic, not providing free and continuous access between parts of the arterial
street system.
12. "Plat" shall include the terms~ Map, plan, plots replat or replot~
13~ "Public Improvements" - Any or all of the following~ roads and
streets, alleys~ grading, road pavement, curbs and gutters, sidewalks, cross-
walks and pedestrian paths, water mains~ sanitary sewer lines~ water supply and
sewage disposal, storm sewer lines and drainage structures, curb returns, side-
walk and driveway entrances in right of way, guard rails, retaining walls~
sodding, planting and monuments~
1~ "Right of Way" - A strip of land occupied or intended to be
occupied by a road, crosswalk, railroad, electric transmission line~ oil or gas
pipeline, water main~ sanitary or storm sewer main, or for other special U~eo
The usage of the term right of way for land platting purposes in this ordinance
shall mean that every right of way hereafter established and shown on a record
plat is to be separate and distinct from the lots or parcels adjoining such right
of way, and not included within the dimensions, or areas of such otMer lots or
parcels~ Rights of way intended for roads~ crosswalks, water mains~ sanitary
sewers, storm drains, or other use involving maintenance by a public agency~
shall be dedicated to public use by the maker of the plat on which such right of
way is established.
1~o 'lService Drive" - A minor street, generally parallel and contig-
uous to a highway or arterial street~ providing access to private property and
affording access to such major traffic thoroughfares at limited intervals°
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16~ "Setback of Building" shall mean the distance that a building
must be located from the lot line or boundary.
17, "Slope Easement" - An easement to permit the creation and main-
tenance of slopes necessary to stabilize construction or to stabilize lands
adjacent to construction~
18~ "Subdivider" - An individual~ corporation~ or registered partner-
ships owning any tract~ lot or parcel of land to be subdivided~ or a group of
two or more persons owning any tract~ lot or parcel of land to be subdivided,
who have given their power of attorney to one of their group or to another
individual to act on their behalf in plannings negotiating for? in representing~
or executing the legal requirements of the subdivis~on~
19. "Subdivision" is the division or redivision of a lot, tract or
parcel of land into two or more lots or other divisions of land, for the purpose,
whether immediate or future, of transfer of ownership or building development,
including any changes in street or lot lines; provided that the division of land
for agricultural purposes., into lots, tracts or parcels of five (5) acres or more,
and not involving any new dedicated street~ shall not be deemed a subdivision,
ARTICLE THREE, MAKING AND RECORDING OF PLATS.
1~ Any subdivider of any lot, tract or parcel of land. situated
within the corporate limits of the City of Fairfax~ shall cause a plat of such
subdivision, with reference to known or permanent monuments, to be made and
recorded in the Office of the Clerk of the Circuit Court of Fairfax County.
No such plat of subdivision shall be recorded unless and until it shall have been
submitted and approved by the Commission in accordance with the requirements of
this ordinance and so certified by the Chairman of the Commission~ Provided,
however, that those subdivisions of five (5) lots or less not involving any
public improvements or dedications of rights of way or easements may be approved
by the Director.
2. Preliminary and final plats are required and shall be prepared by
a land surveyor or engineer duly authorized by the State of Virginia to prepare
such plats, who shall endorse upon the final plat a certificate signed by him
setting forth the source of the title of the owner of the land subdivided? and
the place of record of the last instrument in the chain of title. When the plat
is of land acquired from more than one source of title~ the outlines of the
several tracts shall be indicated upon such plat.
ARTICLE FOUR. PROCEDURE.
1. Whenever any subdivision of land is proposed, and before any
permit shall be granted, the subdivider or his agent shall apply in writing to
the Commission for approval of his subdivision plat and submit therewith three
(3) copies of a preliminary plat, which preliminary plat shall conform with
Article Five of this ordinance.
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2. Within thirty (30) days of the receipt of the preliminary plat in
the office of the Director, the Commission shall hold a hearing for the consider-
ation of the proposed subdivision which hearing may be continued from time to
time until the Commission shall have approved the subdivision or shall have
reported in writing to the subdivider those changes or modifications which it may
require in accordance with the standards and provisions of this ordinance.
3~ The Commission shall require a bond to insure installation of any
required public improvements. The bond shall be of a form and with security
approved by the Bond Committee. The amount of the bond shall correspond to the
estimated construction costs as determined by the Director~
4. Upon a finding by the Commission that all of the requirements of
this ordinance have been met, the Commission shall approve the final plat to
which shall be affixed the signature of the Chairman~
5~ If the Planning Commission fails to approve the subdivision or to
notify the subdivider in writing of required changes or modifications within
ninety (90) days of the date of initial hearing the subdivider may request a
hearing before the City Council of the City of Fairfax~ The Director may appeal
any decision of the Commission to the Council~ The Council may approve the plan
of subdivision and direct the Mayor to affix his certificate to the final plat
or may direct such modifications as it finds necessary for compliance with this
ordinance. Following any action by the City Council on such application by a
subdivider, all other provisions of this ordinance ~hall apply.
6o Unless the final plat shall have been recorded in the Office of
the Clerk of the Circuit Court of Fairfax County within ninety (90) days after
its final approval by the Commission or the Council, said approval shall be
deemed to have been withdrawn and no subsequent recordation shall be valid or
binding upon the City of Fairfax without further approval by the Commission or
the Council~
ARTICLE FIVE. THE PRELIMINARY PLAT.
1. The subdivider shall present to the Commission three (3) copies
of a preliminary plat at a scale of not less than ]00 feet to the inch.
2. The preliminary plat shall include the following:
a,, Name of subdivision~ owner, subdivider, surveyor~ or
engineer, date of drawing~ number of sheets, north point and scale.
b. Location of proposed subdivision by an insert map at a
scale of not less than two inches equal one mile indicating thereon adjoining
roads and their names, subdivisions and other landmarks.
Co Location of existing and proposed property lines~ easements,
water courses~ and an indication of water and sewer availability-
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d~ A boundary survey or existing survey of record; provided that
such survey shows a closure with an accuracy of not less than one (1) in two
thousand five hundred (2~500); total acreage~ acreage of subdivided area? number
and approximate area of ali building sites~ existing buildings within the bound-
aries of the tract~ names of owners and their property lines within the boundaries
of the tract and adjoining such boundaries~
~ Locations names and present widths of existing and proposed
streets, highways~ easements, alleys~ parks and other public open spaces.
f~ All parcels of land proposed to be dedicated for public use~
g. Any proposed changes in the use, height, area~ or density
districts under any zoning regulations applicable to the area.
h~ The proposed lot lines with approximate dimensions~
io Contours at vertical intervals of two (2) feet based on
USC&GS Datum~
j~ Approximate limits of any flood plain~
ARTICLE SIX~ FINAL SUBDIVISION PLATS.
1. The final subdivision plat submitted for approval and subsequent
recording shall conform to the approved preliminary plat and shall be clearly
and legibly drawn in ink upon cloth or film at a scale of not less than 100 feet
to the inch, Any departure from the approved preliminary plan shall be noted by
a separate statement presented to the Commission with the final plats Sheets
shall not exceed 2~ inches x 36 inches in size.
The final subdivision plat shall show the following:
a. Proposed subdivision name or identifying title~ location~
addres~ of record owner or proprietor~ name of surveyor or engineer~
bo Street lines, pedestrian ways~ lots~ reservations~ ease-
ments~ and areas to be dedicated to public use~
c. Sufficient data acceptable to the Director to determine
readily the locations bearing and length of every street line~ lot line~
boundary line and to reproduce them on the ground~ Reference should be made
to known or permanent monuments~
d~ The boundaries of the property location~ graphic scale~ and
the bearings referred to the true meridian or the State grid system~
eo Ail permanent reference monuments shown by the appropriate
symbol for the type monument used and identified in a legend or certificateo
f~ Ali flood plain limits°
g. Certificates and statements required by Section 15.1-476
and Section 15~1-477, Code of Virginia, 1950, as amended.
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ARTICLE SEVEN, GENERAL REQUIREMENTS AND MINIMUM STANDARDS OF DESIGN FOR THE
SUBDIVISION OF LAND~
Io The following requirements and standards of design shall apply~
a~ Streets shall have rights of way and be paved to minimum
widths as follows~
Right of Way'
Surfaced2
Alleys
Service Drives
Minor Streets
Collector Streets
Arterial Streets
20 feet 19 feet
22 feet
50 feet 36 feet
60 feet 44 feet
100 feet 52 feet
Plus any additional width necessary for side
slopes and drainage appurtenances.
Measured between vertical curb faces.
b. Street grades where feasible shall not exceed ten per
cent (10%).
c~ Where a deflection angle of more than 10 degrees in the
alignment of a street occurs, a curve of not less than 250 feet radius shall
be introduced, except on alleys and minor streets a curve of not less than
175 feet radius may be used, measured on the center line~
d. Intersections of streets shall be at an angle as nearly
90 degrees as possible, and shall not be less than 60 degrees~
e. Proposed streets that are in alignment with existing streets
already named shall bear their names~ Names of new streets shall be proposed by
the subdivider and approved by the Director.
f. Alleys may be required in the rear of lots to be used for
business purposes, and in residential lots where the subdivider shows evidence
of the need for alleys~
g~ Dead end streets (cul de sac) shall be designed so that
turnabouts or the closed ends shall have:a minimum radius for the vertical curb
face of at least forty (40) feet; they shall not be over six hundred (600) feet
in length~
h. Monuments of a minimum permanent quality of 1/2" x 30" iron
pipe shall be set at all angle points of the boundaries of the original tract
to be subdivided and at ali lot corners, angle points and point of curvature of
street right-of-way lines at grade~ There shall be at least two (2) concrete
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monuments per block of a minimum quality of 3" diameter by 3' long, set a
minimum depth of two (2) feet~
i. Blocks shall not exceed twelve hundred (1200) feet in
length, and they shall not be less than three hundred (300) feet in length°
j. Blocks shall be wide enough to allow for two (2) tiers of
lots of minimum depth except where prevented by topographical conditions or
size of property.
k. Arrangement of lots shall generally be at right angles to
street lines if possible or radial to curved street lines.
1~ Each lot shall front on a public street or on a dedicated
street connected to a public street with a right of way not less than fifty (50)
feet wide.
m. Lots shall be appropriately shaped for the type of building
development contemplated and shall conform to the zoning ordinance.
n. If neither a sewer nor water connection is provided, the lot
shall contain at least twenty thousand (20,000) square feets and the installation
of a water system and a sewage disposal method shall be approved by the Health
Officer.
o~ Corner lots shall be increased in size whenever necessary so
as to provide that any structure to be placed thereon shall conform to the build-
ing and set back lines of both streets~ In addition to the minimum widths of
rights of way required by Article Sevens Section i.a., additional right of way
or easements may be required to provide safe sight distances or for traffic
control.
p. A boundary survey shall be made and all other surveyed
dimensions shown on the plat shall be to an accuracy of 1 part in i0,000o
ARTICLE EIGHT. IMPROVEMENTS REQUIRED.
1~ Improvements required in a subdivision lying in whole~r in part
in the City of Fairfax~ which include any new and/or unimproved streets, storm
drainage structures, easements~ extensions or.sewer or water facilities, or
rights of way shall be made in accordance with this article. Construction plans
of proposed improvements at a scale of not less than 50 feet to the inch shall
be submitted prior to approval of the final plat.
a. Streets~ Streets shall be improved for the entire width of
the right of way~ When the subdivision abuts an existing street~ these require-
ments shall apply only to the approximate center line of that existing street.
(1) Subgrade shall be adequately compacted in accordance
with current Virginia Department of Highway specifications and shaped to the
cross-section of the finished road~
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as follows~~'
(2) Pavement construction on an approved subgrade shall be
Alleys )
Service Drives )
Collector Streets)
(6" compacted crushed stone
(3-1/2'l Type B-3 bituminous concrete
(1-1/2" Type S-5 bituminous concrete
Minor Streets
(6" compacted crushed stone
(3II Type S-5 bituminous concrete (to be
placed in two I-I/2" layers°)
Arterial Streets (6" compacted crushed stone
(6-1/2" Type B-3 bituminous concrete
(1-1/2" Type S-5 bituminous concrete
*All materials and construction shall be in accordance with
current Virginia Department of Highways specifications.
Alternate pavement designs prepared by an engineer in ac-
cordance with accepted engineering practice may be approved
by the Director,
b. Concrete curb and gutter shall be provided on both sides of
ali streets and shall conform to the current Virginia Department of Highways
specifications.
c. Sidewalks. Concrete sidewalks shall be provided on both sides
of ali streets and shall have a minimum thickness of four inches and a minimum
width of four feet and shall be constructed of Class A concrete.
d,, Sanitary Sewer and Water Mains. Sanitary sewers and water
mains shall be provided which conform with the standards and specifications of
the City of Fairfax and shall be designed to serve all lots in the proposed sub-
divisions with provisions for future extensions to adjacent properties as required
and shall be installed and connected with the municipal systems.
e. Street Signs. Street signs shall conform to the City of
Fairfax standard and shall be installed at all street intersections in a location
to be determined by the Director.
f. Drainage
(1) Storm Drainage - A drainage system which conforms with
standards and specifications of the City of Fairfax shall be provided consisting
of gutters, inlets, storm sewers and other appurtenances necessary to adequately
drain the subdivision in a maximum storm that may occur every ten (10) years
(10 year storm) after total development of the watershed. Inlets shall be
located to limit the spread of water in the gutter to ten (10) feet. The
hydraulic grade line of the system shall rise no higher than one (I) foot below
the grade of the gutter,
(2) Culverts - Where streams are to be conducted through
culverts a maximum storm that may occur once every twenty five (25) years shall
be used for ~h~ design of the culvert. The design must also show that no damage
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will result to private or public property from flooding caused by a maximum
storm that may occur once every one hundred (100) years~
(3) Flood Plain. The final plat of every subdivision shall
show any flood plain and any proposed development shall conform with the flood
plain requirements of the zoning ordinance of the City of Fairfax.
ARTICLE NINE.
1.
CONSTRUCTION SCHEDULE AND IMPROVEMENTS°
a. Improvements will be constructed on the following schedule:
First: Sanitary and Storm Sewers:
Second: Curb and gutter;
Third: Gas~ Water and Underground Telephone and
Electric Lines;
Fourth: Base and Substructure Work for Streets;
Fifth:
Wearing surface of streets not sooner than six
months after completion of substructure work if
the street is to be subsequently used for con-
struction traffic within the six-month period~
bo Adequate drainage will be provided at all times during
construction.
c. The Director may~ for good cause shown, alter the foregoing
construction schedule by written d~i~ective to the subdivider or his representative°
Inspection and supervision of improvements during installation~
a. Inspections during the installation of the physical improve-
ments shall be made by the Director or his designated agent to insure conformity
with the approved plans and specifications. The subdivider shall notify the
Director within twenty-four (24) hoursi~prior to the beginning and completion of
each phase of all improvements in connection with the subdivision°
bo The subdivider shall provide adequate supervision on the
project site during the installation of all required improvements and have a
responsible superintendent or foreman together with one set of approved plans
and profiles available at the project site at all times when work is being
performed.
ARTICLE TEN. VARIANCES.
1. Where a subdivider or the Director can show a provision of this
ordinance would cause an unnecessary hardship if strictly adhered to, and where,
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because of topographical or other conditions peculiar to the site, in the
opinion of the Commission a departure may be made without destroying the intent
of such provision, the Commission may authorize a variance~ Any variance thus
authorized is required to be entered in writing in the minutes of the Commission
and the reason on which the departure was justified set forth°
ARTICLE ELEVEN. PENALTIES,
Any owner or proprietor of any tract of land who violates any of the
provisions of this ordinance shali be guilty of a misdemeanor and upon conviction
thereof shall be punished as provided in Section 1-7 of the Fairfax City Code~
Each day any such violation shall continue shall constitute a separate offense°
ARTICLE TWELVE. GENERAL PROVISIONS.
lo Except as expressly provided, this ordinance shall not be deemed
to repeal or modify or otherwise affect in any manner any other ordinance,
resolution, rule or regulation of the City of Fairfax; provided that wherever
this ordinance imposes more stringent re§ulations~ restrictions, limitations: or
requirements~ the provisions of this ordinance shall prevail.
2. If any section~ sub-section~ sentence~ clause or phrase of this
ordinance is for any reason held to be void or unconstitutional? such invalidity
shall not affect the validity of the remaining provisions of this ordinance~
The Council hereby declares that it would have passed this ordinance and every
section~ sub-section, sentence, clause or phrase thereof~ irrespective of the
fact that any one or more sections, sub-sections~ sentences~ clauses or phrases
be declared void or unconstitutional~
3. This ordinance hereby repeals the Subdivision Ordinance adopted
by the Town of Fairfax, Virginia~ on April 1, 1959, and its amendments.
4. This ordinance, upon its adoption~ shall become and remain in
effect on and after the 21st day of November~ 1967~ and shall become Appendix A
to the City Code of the City of Fairfax~
Introduced: September 26, 1967
Adopted:
Attest:
November 2], 1967
Mayor
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