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Subdivision Ordinance CITY OF FAIRFAX, VIRGINIA SUBDIVISION ORDINANCE • ADOPTED November 21, 1967 ORDINANCE NO. 1967-8 AN ORDINANCE regulating the division or redivision of land ( into two or more lots or other divisions of land and �r regulating the construction of improvements thereon to become Appendix A of the Fairfax City Code. ARTICLE ONE. PURPOSE The purpose of this ordinance, to be known as the Subdivision Ordi - nance, is to provide for (1) 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, ilior 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 and streets; (10) 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 . "Alley" - 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 40. street system. . 6. "Commission" shall mean the Planning Commission of the City of Fairfax. • 7. "Council" shall mean the City Council of Fairfax, Virginia. 8. "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. 10. "Lot" shall mean a portion of a subdivision intended for transfer L of ownership or for building development for a single building and its accessory buildings. 11 . "Minor Street" - A street serving a residential 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, plot, 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. 14. "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 use. 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 kiirplat 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 other 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. 15. "Service 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. -2- 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- ship, 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 planning, negotiating for, in representing, or executing the legal requirements of the subdivision. 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. -3- 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 shall apply. 6. 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 100 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. c. Location of existing and proposed property lines , easements , water courses, and an indication of water and sewer availability. -4- 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 all building sites , existing buildings within the bound- 4111,r aries of the tract , names of owners and their property lines within the boundaries of the tract and adjoining such boundaries. é. Location, 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. i . Contours at vertical intervals of two (2) feet based on USCSGS 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 plat. Sheets shall not exceed 24 inches x 36 inches in size. 2. The final subdivision plat shall show the following: a. Proposed subdivision name or identifying title, location, address of record owner or proprietor, name of surveyor or engineer. b. 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 location, 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. L d. The boundaries of the property location, graphic scale, and the bearings referred to the true meridian or the State grid system. e. All permanent reference monuments shown by the appropriate symbol for the type monument used and identified in a legend or certificate. f. All flood plain limits. g. Certificates and statements required by Section 15. 1-476 and Section 15. 1-477, Code of Virginia , 1950, as amended. -5- ARTICLE SEVEN GENERAL REQUIREMENTS AND MINIMUM STANDARDS OF DESIGN FOR THE SUBDIVISION OF LAND. 1 . 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 20 feet 19 feet Service Drives 22 feet Minor Streets 50 feet 36 feet Collector Streets 60 feet 44 feet Arterial Streets 100 feet 52 feet Plus any additional width necessary for side slopes and drainage appurtenances. 2 Measured between vertical curb faces. b. Street grades where feasible shall not exceed ten per k 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 all lot corners, angle points and point of curvature of street right-of-way lines at grade. There shall be at least two (2) concrete -6- m. 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 feet, 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 Seven, Section l .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 10,000. 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 of,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. -7- (2) Pavement construction on an approved subgrade shall be as follows:* (how Alleys ) Service Drives ) (6" compacted crushed stone (3-1/2" Type B-3 bituminous concrete Collector Streets) (1-1/2" Type S-5 bituminous concrete Minor Streets (6" compacted crushed stone (3" Type S-5 bituminous concrete (to be placed in two 1-1/2" 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 all streets and shall conform to the current Virginia Department of Highways specifications. c. Sidewalks. Concrete sidewalks shall be provided on both sides of all 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 (1) 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 thb design of the culvert. The design must also show that no damage -8- ■ 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. CONSTRUCTION SCHEDULE AND IMPROVEMENTS. 1 . 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. b. 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 drorective to the subdivider or his representative. 2. 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) hourspprior to the beginning and completion of each phase of all improvements in connection with the subdivision. b. 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 tor 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, -9- MIL 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 shall 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. 1 . 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 regulations, 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: November 21 , 1967 -10- TOWN OF FAIRFAX, VIRGINIA • SU BDIVISION ORDINANCE N TOWN OF FAIRFAX VIRGINIA SUBDIV' SI ON CRDI NANCE ARTICLE ONE. DEFINITIONS AS USED IN THIS ORDINANCE. 1 . "Commission" shall mean the official Planning Commission of the Town of Fairfax. 2. "Engineer" shall mean the Engineer for the Town of Fairfax. 3. A "subdivision" is a division of a lot, tract, or parcel of land into three or more lots, tracts or parcels for the purpose, whether immediate or future, of transfer of ownership, or of building development. Provided, however, that et or divisions of land in parcels of two acres or more not involving any new street lot, easement of access shall be exe ietheretbeingfthree dwelling moreunits such dwelling tract, or, parcel of land, resulting n units on such lot, tract or parcel of land, shall also be deemed to be a sub- division for the purpose of this ordinance. 4. "Plat" shall include the terms: Map, plan, plot, replat or replot. 5. "Lot" shall mean a portion of a subdivision intended for transfer of ownership or for building development for a single building and its accessory buildings. 6. "Building Setback" shall mean the distance that a building must be set back from the lot line or boundary. 7. "Council" shall mean the Town Council of Fairfax, Virginia. ARTICLE TWO. MAKING AND RECORDING OF PLATS. 1 . Any owner or any proprietor of any tract of land, situated within the ame shall corporate limits of the Town of FairfhxPeferenceatowho knownborvpermanentsmonuments, cause a plat of such subdivision, with be made and recorded in the Office of the Clerk of the Circuit Court of Fairfax County. No such plat of subdivision seaPlanningcoCommissionsinnaccordance whthlthe until it have been submitted and approved by the set forth in this ordinance and so certified by its secretary or the Town Engineer. 2. Every such plat shall be prepared by a certified land surveyrr duly licensed by the State of Virginia, who shall endorse upon each such plat certificate signed by him setting forth ferd of the rcosrolaste�nstrumentthn owner of the land subdivided, and the place of title. When the plat is of land shall be indicated upon dl ' diensuch platCe of title, the outlines of the several tracts Every such plat, or the deed fdelend surveyor wich such plat asstatementattached, shall contain in addition to the certified to the effect that the above and foregoing subdivision of herewinsertecorrect description of the land subdivided) as appears in this plat proprietors h ree con- sent and trustees,ees in i a any, with proprietors and trustees, tfuanyes, if hay, if any, and shall be duly acknowledged ecs xecuted hbefore mandfacknowledged,ZShall be filed acknowledgments of deeds, and when recorded in the Office of the theClerk ownersfof the theCircuit lands signingfsuchrstatement�H and indexed under the names o f and under the name of the said subdivision, ARTICLE THREE. PROCEDURE. 1 . Whenever any subdivision of land is proposed, and before any permit for the erection of a structure shall be granted, the subdivider or his agent pshall apply in writing to the for his three (3) copies of the preliminary The subdivider shall submit his preliminary layout in conformity with Article IV of this ordinance. 3. After reaching a tentativedeonatuaimeeting oft'hesCommissionSCUAfter the such preliminary layout with the subdivider d s in writing to discussion the Commission shall communicate within thirty 1(30) ay -1- the developer: (1) specific changes that are required in the preliminary layout; (2) the character and extent of public improvements that will have to be made in keeping with the public health, safety, morals and general welfare, and (3) the amount of construction or improvement or the amount or performance bond which it will require as a prerequisite to approval of the final subdivision plat. 4. The subdivider shall within six (6) months, after official notification by the Commission in respect to the preliminary layout, file with the Commission the final subdivision plat in accordance with Article V. There shall be three (3) copies on a scale of not more than 100 feet to the inch in addition to the original . 5. The Commission shall , within fifteen (15) days from the date of sub- mission of the final plat, approve, modify, or disapprove such plat, and failure Y to act within 15 days shall be deemed approval . 6. Approval of the plat shall not be finally effective until the subdivider has complied with the general requirements and minimum standards of design in accordance with Article VI and made agreement as to the improvements as required by Article VII , to the satisfaction of the Commission and so certified on said plat by its secretary or other agent designated by the Commission. 7. Unless the owner of the subdivision shall have said plat 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 and before any lots are sold in said subdivision, the approval of the plan of said subdivision shall be deemed to have been withdrawn and said plat shall be marked "Void" and returned to the Commission. ARTICLE FOUR. THE PRELIMINARY LAYOUT, 1 . The subdivider shall present to the Commission three (3) copies of a preliminary layout at a scale of not more than 100 feet to the inch. 2. The preliminary layout shall include the following: a. Proposed subdivision name or identifying title and a description of the location. b. Name and address of record owner or proprietor, and designer of preliminary layout. c. Location of property lines, existing easements, buildings, water courses, existing sewers and water mains, culverts, drains and other essential features. d. The names of all subdivisions immediately adjacent and the names of owners or former owners of record of adjacent property. e. Location, names and present widths of existing and proposed streets, highways, easements, building line, 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. Date, meridian line (note meridian line used) and scale. i . Metes and bounds description and map of survey of the tract boundary made and certified by a certified land surveyor. j . Connections with existing sanitary sewers and existing water supply or alternate means of sewage disposal and water supply. k. Provision for collecting and discharging surface drainage and pre- liminary designs for any bridges or culverts which may be required. 1 . The proposed lot lines with dimensions. m. The location of proposed sidewalks, sanitary sewers, storm drains, water mains, curbs and gutters and the sizes and types thereof, and the location of manholes and basins and underground conduits. n. Contours at vertical intervals of not more than five (5) feet, and when required by the Commission intcr'i'ls of less than five (5) feet. -2- ARTICLE FIVE. FINAL SUBDIVISION PLATS. 1 . The subdivision plat submitted for approval and subsequent recording shall be clearly and legibly drawn in ink upon tracing cloth at a scale. 2. The subdivision plat shall show the following: a. Proposed subdivision name or identifying title, location, address of record owner or proprietor, name of licensed certified land surveyor. b. Street lines, pedestrian ways, lots, reservations, easements, and areas to be dedicated to public use. c. Sufficient data acceptable to the Commission to determine readily the location, 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 per- manent monuments and, where practicable, to the state system of plane co-ordinates. d. The boundaries of the property location, graphic scale, and the bearings referred to the true meridian. e. Every such plat shall show all lands which the owner proposes to dedicate for public use. f. All permanent reference monuments shown by an appropriate symbol for the type monument used and identified in a legend. ARTICLE SIX. GENERAL REQUIREMENTS AND MINIMUM STANDARDS OF DESIGN FOR THE SUBDIVISION OF LAND. 1 . The following requirements and standards of design shall apply: a. All street right-of-way widths shall be not less than fifty (50) feet. Alleys shall be not less than twenty (20) feet in width. b. Street grades shall not exceed ten percent ( 10%) . c. Where a deflection angle of more than 10 degrees in the alignment of a street occurs, a curve of reasonably long radius shall be introduced. 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. No new street shall duplicate names of existing streets. f. Alleys shall be provided in the rear of lots to be used for business purposes, and in residential lots where the subdivider shows evidence to the Com- mission of the need for alleys. g. Dead end streets (cul de sacs) shall be designed so that turnabouts or the closed ends shall have a minimum radius for the outside curb of at least fifty (50) feet; they shall not be over four hundred (400) feet in length. h. Monument having a minimum permanent quality (1/2" x 3' iron pipe) shall be set at all corners and angle points of the boundaries of the original tract to be subdivided and at all street intersections. Set at a minimum of two feet, corners of each subdivision shall be a permanent concrete monument 41° square by 3' long. i . Blocks shall not exceed 800 feet in length, and they shall not be less than 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 pro- perty, in which case the Commission may alter the size. k. Arrangement of lots shall 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. -3- m. The shape of residential lots shall be as the Commission deems appropriate for the type of building development contemplated, size shall con- form to the zoning ordinance of the Town of Fairfax. n. If neither a sewer nor water connection is provided, the lot shall contain at least twenty thousand (20,000) square feet, and the installation of a water system and a sewage disposal method shall be approved by the Fairfax County 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 building and set back lines of both streets. p. All lot corner markers shall be permanently located one-half inch (if metal) in diameter and at least 24 inches in length, and located in the ground to existing grade. q. Due consideration shall be given by all subdividers and by the Commission to sites for schools and other public uses. r. A boundary traverse shall be run and all other surveyed dimensions shown on the plat shall be to an accuracy of 1 part to 10,000. 2. Building setbacks shall in all cases conform to those established in any zoning regulations. ARTICLE SEVEN. IMPROVEMENTS REQUIRED. 1 . Improvements required in the subdivision lying in whole or in part in the Town of Fairfax, which include any new streets, any easements, extension of sewer or water system, or right of way connecting two public streets, shall be made in accordance with this article. a. Streets. Streets shall be graded for the entire width (fifty feet) of the right of way. The distance from back of curb to back of curb shall be at least thirty feet. The hard surface shall extend from curb to curb or gutter to gutter. (1) Subgrade shall be shaped to the cross-section of the finished road. (2) The base course shall consist of at least 6 inches of compacted pit-run sand and gravel or 6 inches of compacted crushed stone which shall conform with the Virginia Department of Highway Specifications for these materials. The surface course shall consist of at least 2 inches of Type 1 -3 bituminous concrete which shall conform with the requirement of Section 236.07 of the Virginia Depart- ment of Highway Specifications, dated April 1 , 1954, for these materials, and shall be constructed in accordance with Section 327 of these Specifications. b. Curb and Gutter. Concrete curb and gutter shall be provided on both sides of the street and shall have the following minimum dimensions: From the inside edge of gutter to the face of the curb, eighteen inches ( 18") . Thickness of gutter - seven inches (7") . Height of curb - six inches (6") . Thickness of curb - six inches (6") . c. Sidewalks. Concrete sidewalks shall be provided on both sides of the street, and shall have a minimum thickness of four inches and a minimum width of four feet. d. Sanitary Sewer and !later Mains. Sanitary sewers and water mains shall be provided which conform with the standard specifications of the Town of Fairfax, and shall be designed to serve all lots : n the proposed subdivision and shad be installed and connected with the municivl water and sewer systems, pro- viding connections with each lot or building site. e. Street Signs . Street signs of a design approved by the Planning Commission shall be installed at all street intersections. f. Storm Drainage. Street drainage system. A drainage system shall be provided consisting of gutters, storm sewers and other appurtenances necessary to adequately drain the subdivision in a maximum one-half hour storm that according to the rainfall intensity and run off co-efficient curves occurs every ten to -4- thirteen years. the rational formula is the basis upon which street drainage structures are to be designed, and they shall conform to the minimum standards of the Town of Fairfax. ARTICLE EIGHT. VARIANCES. 1 . Where a subdivider can show that a provision of this ordinance would 'cause an unnecessary hardship if strictly adhered to, and where, 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 NINE. PENALTIES. 1 . Any owner or proprietor of any tract of land who in subdividing that tract of land violates any of the provisions of this ordinance shall be guilty of a misdemeanor, punishable by a fine of not less than ten dollars ($10.00) and Apt more than two hundred and fifty dollars ($250.00) and each day after the first wring which violation shall continue shall constitute a separate violation. i i 1 I f 1 • i ' • i 1 i • -5- 1 • AMENDMENT • Be it ordained by the Town Council of the Town of Fairfax, Virginia that the Subdivision Ordinance of the Town be amended as Follows: ARTICLE THREE, Par. 3, delete clause (3) . Add the following paragraph to ARTICLE THREE: 3a. in lieu of the completion before final subdivision plat approval of any work, improvements or utilities required of a subdivider under the terms of this ordinance, the Planning Commission shall require a completion and performance bond in the amount of one hundred per cent (100%) of such work, improvements or utilities . Such bonds shall have a surety or security approved b/ the Bond Committee appointed by the Mayor, and shall include conditions satisfactory to the Planning Commission, and shall provide for and secure to the Town of Fairfax the actual construction and installation of such work, improvements and utilities within a period to be specified by the Planning Commission. Adopted and approved the 1st day of April , 1959. AMENDMENT TO SUBDIVISION ORDINANCE ARTICLE ONE. DEFINITIONS AS USED IN THIS ORDINANCE. 1. Delete paragraph 3 in its entirety. 2. Insert the following as paragraph 3 : "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; pro- vided, that the division of land for agricultural purposes, into lots, tracts or parcels of five (5) acres or more, and not involving any new street, shall not be deemed a subdivision. " Adopted : June 7, 1966 . • • • . i