§ 5. Minimum standards and specifications required.
5.1.
All improvements required by this ordinance shall be built to the city's standards and specifications as approved by the council of the City of Virginia Beach and shall be installed by and at the expense of the developer. No occupancy permits will be issued until construction has been inspected and accepted by the city.
5.2.
In addition to 5.1 above, condominium and apartment developments shall have on-site pavement design and improvements based upon soil boring information and design methods which are acceptable under the provisions of the Public Works Design Standards Manual. Also, a professional engineer, duly licensed by the Commonwealth of Virginia to practice as such, shall certify that on-site typical pavement sections are consistent with the approved site plan design specifications and that standard pavement construction practices were followed.
5.3.
Two (2) copies of the recordable plat and general or special warranty deed with a title certificate clearly describing all right-of-way and easement dedications are to be submitted to the director of planning or his designee for processing and recording before the site plan approval process is complete. The width and nature of the easements and right-of-way shall be determined in conference with representatives of the engineering and real estate division, department of public works, and the department of public utilities.
5.4.
Fire hydrants and water distribution systems shall be provided by the developer in accordance with standards of the department of public utilities in areas where central or public water systems are available.
5.5. Except within zoning districts intended to implement Strategic Growth Area Plans, transitional buffers shall be placed between incompatible land uses, and landscaping shall be required within and at the perimeter of vehicular use areas, in accordance with the standards of the department of planning. The type and exact location of these buffers shall be as determined by the zoning ordinance [3], or under the provisions of a use permit issued pursuant thereto, or by any other ordinance of the City of Virginia Beach.
5.6.A.
Where a proposed school, park, playground, open space or other public use shown in an officially adopted element of the comprehensive plan is located in whole or in part in the property to be developed, reservation of such area shall be required. Any reservation of land for public acquisition and use required under this provision shall be void if not executed within five (5) years from the date of final approval of the site development plan; provided, however, that the city council, acting through an amendment to the officially adopted comprehensive plan, may release such reserved land at an earlier date if it is found to be no longer necessary to the public purpose. The developer shall be required to show in dotted lines on the final site development plan how he will develop such reserved areas in the event that the municipality fails to acquire the reserved property. Required reservations shall not exceed twenty (20) percent of the total land area of the property to be developed; and the compensation due the developer shall be an expressed element of a site development plan agreement between the developer and the city.
5.6.B. Except within zoning districts intended to implement Strategic Growth Area Plans, a percentage of the lot area within all multifamily developments shall be devoted to recreation and/or usable open space, as prescribed by the zoning ordinance. [4]
5.7.
Provision for storm surface drainage shall be in accordance with the design standards of the department of public works indicating location, size, types and grades of all sewers, drainage structures, ditches either existing or proposed, and connection to existing drainage system. Disposition of storm or natural waters, both on and off the site, shall be provided and in such a manner as not to have a detrimental effect on the property of others or the public right-of-way.
5.8.
Right-of-way improvements shall include pavement widening, curb, gutter, sidewalks, and street lighting in accordance with the standards of the department of public works, except when, due to existing conditions or planned construction projects, it is not feasible to construct at the same time the site is being constructed. Pavement widening will be required based on traffic impact and safety considerations as determined by standards established by the department of public works. When the improvements are deferred, the estimated costs of these improvements shall be placed in escrow with the city, unless the construction and improvements are covered by subdivision bonds pursuant to the subdivision ordinance. [5]
5.9.
Pavement widening of public streets, alleys, and rights-of-way shall be equal to or greater than the existing pavement, but in no case shall it be less than the city's standards and specifications.
5.10.
All driveways and entrances to public rights-of-way and location thereof shall be in accordance with the standards of the department of public works and approved by the city agent.
5.11.
Traffic control, signalization, turn lanes and by-pass lanes, shall be provided, when based upon traffic studies, the public safety requires the convenience of traffic movement within the site covered and off site in relation to access streets.
5.12.
Where water front property is to be developed, adequate storm protection shall be provided. The extent and method of protection shall conform to the standards of the department of public works.
5.13.
Where installation of a septic tank is necessary, and where the director of public health determines that the subject property should be neither approved nor disapproved for septic tank installation, but instead approved subject to compliance with criteria for septic tank installation in poorly drained soil, then he shall require a land management plan consisting of a location of proposed septic tank or tanks and a proposed drainage plan to be submitted for his approval. Furthermore, he shall require covenants providing for satisfactory construction, repair, maintenance, and operation of the total system at the cost of the landowner to be executed and recorded prior to the issuance of a building permit. For septic tank systems to be located in Chesapeake Bay Preservation Areas, the director shall require that there be set aside on the property an area sufficient to accommodate a reserve sewage disposal drainfield site having a capacity at least as great as the primary drainfield site and meeting the requirements of the Commonwealth of Virginia Board of Health sewage handling and disposal regulations. He shall also require a covenant prohibiting the construction of any structure or other impervious surface upon the area set aside for the reserve drainfield site until such time as the property is served by the public sewer system.
5.14.
Except within zoning districts intended to implement Strategic Growth Area Plans, in any condominium development consisting of single family, duplex or attached dwellings, the developer shall provide open space at the following rates according to the zoning category in which the project lies:
Minimum Lot Size
of Zoning
Category% of Total Land
Required for
Open SpaceLess than 5,000 sq. ft. 15% 5,000—7,499 sq. ft. 12% 7,500—9,999 sq. ft. 10% 10,000—14,999 sq. ft. 8% 15,000—19,999 sq. ft. 7% 20,000—29,999 sq. ft. 6% 30,000—39,999 sq. ft. 5% 40,000 sq. ft. or greater 3% If more than one rate applies to a project, then that rate which results in the lesser amount of open space shall be the governing rate. Means of provision and other regulations pertaining to open space shall be as provided in section 4.5 of the subdivision ordinance.
5.15.
Pumping stations and other sewer collection facilities shall be provided by the developer in accordance with the standards of the department of public utilities in areas where central or public sewer systems are available. Construction of sewer collection facilities shall be in accordance with Section 109 of the Chesapeake Bay Preservation Area Ordinance. [Appendix F].
5.16.
Underground utilities. Except as provided below, transmissions, distribution, and customer service utility facilities carrying or used in connection with electric power, street lights, telephone, telegraph, cable television, petroleum, gas or steam, shall be placed below the surface of the ground. Exceptions are as follows:
(a)
Equipment such as electric distribution transformers, switchgear, meter pedestals, telephone pedestals, meters, service connections and the like normally installed above ground in accordance with the accepted utility practices for underground distribution.
(b)
Temporary overhead facilities required for construction purposes.
(c)
High tension transmission lines, fifty thousand (50,000) volts or more.
All installations shall be in accord with applicable codes and the Public Works Design Standards Manual as approved by the council of the City of Virginia Beach, and shall be in accordance with charges as approved by the state corporation commission.
Construction, installation and maintenance of any of the facilities mentioned in this subsection and located in Chesapeake Bay Preservation Areas shall be in accordance with the provisions of Section 109 of the Chesapeake Bay Preservation Area Ordinance. [Appendix F].
(Ord. No. 641; Ord. No. 725; Ord No. 733; Ord. No. 784; Ord. No. 921, 1-15-79; Ord. No. 933, 3-26-79; Ord. No. 1089, 9-15-80; Ord. No. 1118, 11-24-80; Ord. No. 1345, 11-22-82; Ord. No. 1597, 4-7-86; Ord. No. 2009, 11-6-90; Ord. No. 2127, 4-28-92; Ord. No. 2403, 6-25-96; Ord. No. 2665, 10-23-01; Ord. No. 2795, 12-9-03; Ord. No. 3248, 7-10-12; Ord. No. 3330, 2-25-14; Ord. No. 3622, 6-16-20)
Cross reference— Subdivision ordinance, App. B.
Footnotes:--- (3) ---Cross reference— Zoning ordinance, App. A.
--- (4) ---Cross reference— Zoning ordinance, App. A.
--- (5) ---Cross reference— Subdivision ordinance, App. B.