§ 5.5. Street and other drainage.

Every subdivision shall have a drainage system adequate for the type of development proposed and so related to existing or potential surrounding development as to form a logical part of a coordinated system minimizing potential drainage problems for the general area. No plan or development shall take such form as to create potential or actual impoundment of water on, or discharge of water onto, adjacent property in such a manner as to (a) affect adversely existing development, or (b) increase problems of future development on such adjacent property, except with the written and recorded consent of the adjoining property owners affected and the approval of the department of planning.

To these ends, the department of planning is empowered to require such changes in plans or to establish such minimum and maximum elevations and gradients in particular subdivisions or to require employment of such measures as onsite retention of storm water as necessary to provide for orderly and efficient development of coordinated drainage systems, even though the drainage proposed for a particular subdivision might be adequate for the subdivision itself. In addition, where adjoining lands are in districts with varying improvement requirements or in other cases where similar adjustments are necessary, the department of public works is empowered to establish such transitional requirements as to types of curbs and gutters, storm drains and the like as are appropriate and reasonably necessary in the circumstances of the case.

(a)

[Curbs and gutters]. Curbs and gutters built in accordance with the Public Works Design Standards Manual, as approved by the council of the City of Virginia Beach shall be required, except as provided in subsection (c), on all streets, except when it is determined by the director of planning or his designee that existing soil or site conditions would make this requirement impractical or where the use of best management practices is better promoted otherwise, in which case a waiver or modification may be authorized, provided, however, that any such waiver or modification shall be put into writing and include the reasons therefor and be made a part of the permanent application record.

(b)

Storm sewers and drainage. Where required by the director of public works, underground storm sewers in accordance with the Public Works Design Standards Manual, as approved by the council of the City of Virginia Beach, shall be installed, except as provided in subsection (c) and, except where such requirement is waived or modified under the provisions set forth in section 5.5(d). Elsewhere open drainage ways in accordance with the Public Works Design Standards Manual, as approved by the council of the City of Virginia Beach, shall be used.

(c)

Roadside swales. Roadside swales designed with 3:1 side slopes to a maximum depth of eighteen (18) inches are permitted along all minor streets in areas zoned AG-1 Agricultural District and AG-2 Agricultural District.

(d)

[Waiver or modification.] The director of the department of planning shall consider and may approve a waiver or modification to the requirements set forth in sections 5.5(a) and 5.5(b), for a subdivision, provided that the following are met:

(i)

Each lot in the subdivision shall be no less than fifteen thousand (15,000) square feet in area;

(ii)

Each lot shall provide area for no fewer than four (4) on-site parking spaces;

(iii)

All open drainage systems shall be provided and designed in accordance with the performance standards and design criteria of the stormwater management ordinance;

(iv)

The proposed system of open or natural drainage ways shall be an appropriate component of a stormwater management plan to be approved for the subdivision as part of the process for granting a waiver or modification under this section. Such stormwater management plan shall include, in addition to the requirements of section 1-6, Appendix D, the following elements: A tree inventory/protection plan meeting the requirements of section 1.4, Appendix E; a wetlands delineation; depicting the limits of tidal and non-tidal wetlands and a plan for avoiding impacts to identified wetlands to the maximum extent practicable, minimizing unavoidable impacts to the maximum extent practicable and a plan for compensating for impacts that cannot be avoided and minimized; provision for the protection or creation of a natural area buffer of sufficient width to prevent erosion, trap sediment in overland runoff, provide necessary maintenance access and provision for the protection of any other significant natural features in accordance with the design principles for "Sheet Flow to Conserved Open Space" contained in Virginia Stormwater BMP Clearinghouse, including steep slopes;

(v)

The continued functioning and integrity of all open drainage systems and other components of a natural area protection plan not within the public right-of-way shall be ensured through deed restrictions, covenants or other means. There also shall be recorded through deed restrictions, covenants or other means acceptable to the director of the department of public works, a statement which advises all potential purchasers that the City of Virginia Beach will not be responsible for providing and/or bearing the cost of curbs and gutters if and when owners of lots in the subdivision desire such improvements;

(vi)

Application for waiver or modification to curb and gutters and/or storm sewers and drainage may be considered in conjunction with request for reduced pavement widths as set forth under section 4.1(m) of this ordinance.

(e)

[Indemnification of city.] Developer will indemnify, keep and hold the city, and its agents and employees, free and harmless from and against all contractual liability of developer and from and against all claims on account of injury to developer or any other person, firm or corporation, or damage to the property of the developer, purchaser or any other person, firm or corporation, and will defend the city, and its agents and employees, against all actions and settle all claims, damages, losses and expense arising from or growing out of the city's approval of the design, construction and/or installation of the said drainage system.

(Ord. No. 762; Ord. No. 1404, 9-26-83; Ord. No. 1423, 12-5-83; Ord. No. 1980, 6-11-90; Ord. No. 2058, 4-23-91; Ord. No. 2402, 6-25-96; Ord. No. 3339, 4-22-14, eff. 7-1-14; Ord. No. 3621, 6-16-20)

(Ord. No. 762; Ord. No. 1404, 9-26-83; Ord. No. 1423, 12-5-83; Ord. No. 1980, 6-11-90; Ord. No. 2058, 4-23-91; Ord. No. 2402, 6-25-96; Ord. No. 3339, 4-22-14, eff. 7-1-14; Ord. No. 3621, 6-16-20)