JUNE 22, 1970
tflA'UTES OF TF-E P-OliO@p4BLE Ci.'7Y CT)UNCIL
OF TFE
CITY OF VIRGIIIIA BEACH, VIRGINIA
June 22, 1970
The reguzar meeting of the Counciz of the city of Virginia Beach, Virginia was
heZd in the CounciZ Ch=bers in -,'he Administration BuiZding, in the Borough of
@ncess Anne, on Monday, June 22, 1970, at 10,00 a.m.
The invocation was given by Reverend GeraZd Vaiden, Princess Anne PZaza 14ethodist
Church, Virginia Beach.
Councilmen present: @.fayor Frank A. Dusch, Vice @layor Robert B. Cro@eZZ, Jr.,
AZbert L. Bonney, Sr., George R. FerreZZ, D. Murray MaZbon, Lawrence E. MarshaZZ,
.Tohn W. McCombs, J. Curtis Payne, G. Dewey Silm-mons, Jr., EarZ H. TebauZt, and
Kenneth N. Whitehurst.
On motion by Mr. Bonney, seconded by Mr. MaZbon, and by unanimous vote, City Counciz
approved the @linutes of the meeting of @Tune 8, 1970, a-nd the reading of said llinutes
dispensed with, inasmuch as each Councilman had a copy of said Minutes before him.
ITEM #2343
On motion by Mr. McCombs, seconded by Mr. Whitehurst, and by unanimous vote, City
Council approved the foz@ing on second reading: Appropriation to increase the
1969-70 schooz budget by $81,471.00 in order that 25 school buses can be dezivered
prior to the opening of schools this faZZ. This wouzd be an advance against the
1970-71 budget which wouzd be reduced by an equaz amount.
ITEM #2344
On motion by Mr. McCombs, seconded by Mr. whitehurst, and by unanimous vote, City
CounciZ approved the foZZowing on second reading: Appropriation of $9,000.00 for
a new traffic signaz to be instaZZed at Dorset Avenue and for Zeft turn Zanes to be
instaZZed at the KeZIon Road Intersection on V-@rginia Beach Boulevard.
ITEM #2345
On motion by Mr. McCombs, seconded by Mr. Whitehurst, and by unanimous vote, City
Council approved the foZZowing on second reading: Appropriation of $21,000.00 as
the City's share in construction cost of Southe= Boulevard through the Windsor
Woods @division.
ITE,@f #2346
On motion by lir. McCombs, seconded by Mr. Whitehurst, and by unanimous vote, City
CounciZ approved the foZZowing on second reading: Appropriation of $2,475.00 for
a new car for the Fire chief.
ITE,kl #2347
On motion by Mr. McCombs, seconded by M-r. Whitehurst, and by unanimous vote, City
Council approi)ed the foZZowing on second reading: Appropriation of $6,405.00 for
a hot asphalt storage tank.
ITE14 #2348
On motion by Mr. McCombs, seconded by 14r. Wnitehlirst, and by unanimous vote, City
CounciZ approved the fol@l,owina on second read@ng: Appropriation of @16,800.00 as
an increase in the budaell of @@,e Pl'eZi@re Derartment for @,he fiscaz year 1969-70,
an equalized a@ustmen@ is ant,*(Ilirated o,-- -evenues of 816,800.00.
On mo@ion by llr. McCombs, sec@ed by Mr. ard by unanimous vote, C,,t,
,4
CounciZ ctproved the Pozzowing on sec@ reading: ApprooriatiOn for a Zoan frOI17-
the City to Seatac.k 7ozunteer Fire Derartme?zt j@or the Purchase of a new sazvage
truck not to exceed $72,000.oO.
ITEM #2349 A
ABSTRACT OF VU.CES Cast in the City of Virginia Beach, Virginia,
for Councilmen, at the General Election, held on June 9, 1970, viz:
OR BAYSIDZ@ BOI@OU(3H
*Dr. Clarence A. Holland received (8@401) votes.
Harold Heischober received (2,975) votes
MargareE C. (Peg-,y) Beda received 896 votes
James A. Reutt received (1,245) votes
FOR BLACnl-ITER BOROUGH
*-A,Earl M. Tebault received (8,072) votes.
James E. Snyder, Sr., received (4,634) votes
OR KEMPSVILLE'BOROUGH
*Donald H. Rhodes received (9,013) votes
Sam Houston, Jr., received (4,336) votes
OR LYNNRIVEII BOROTTGH
*F. Reid Ervin received (9,674) votes
Michael Katsias received (3,375) votes
Payne received ($,357) votes
**J. Curti
Andrew H. Barr received (4, 222) votes
OR PUNGO BBOORROOUUGCHH
*Floyd E. V7aterfield, Jr., received (8,836) votes
Joye M. ALwood received (3,832) votes
O@R @l GINIA BEACH BOROUGH
-@-'@-Frank D. Tarrall, Jr., received (7,860) votes
Soti-rios A. (Cary) Kara@eorge received (4,825) votes
AT LARGE
*Rc)bert B. Cromwell, Jr. received
(8,382) votes
Alan B. Comess received (3,593) votes
Francis H. Cohan received 755 votes
-Rrank A. DUsch received (6,794) votes
John W. Ceist received (4,280) votes
Albert D. Neubern reeel-ved 968 votes
George R. Ferrell received (7,201) votes
Virginia Opalio received (3,643) votes
Rev- Dr. S. C. Parker received (1,300) votes
D. Murray Malbon received (7,623) votes
Israel Steingold received (3,975) votes
M@Llton J. Weller received (1,433) votes
4 year term 2 year term
VIRGINIA:
'In the Clerk's Office of the Circuit Court of the City of
-Virginia Beach, on the Ilth day of June, 1970.
We, the undersigned, Commissioners of the Election held in
the City of Virginia Beach, Virginia, on-Tuesday, June 9, 1970, do
certify that the attached is a true and correct Abstract of Votes cast
at said Election and under Chapter 206, Acts of Assembly, 1970, do
therefore-determine and declare that Dr. Clarence A. Holland,,Donald
H. @hodes, F. Reid Ervin, Floyd E. Waterfield, Jr., Robert B. Cromwell,
Jr. and D. Murray Malbon having received the highest number of votes
cast for Members of the City Council of Virginia Beach, and are declared
elected for a Lerm of four (4) years, and under Chapter 206, Acts of
Assembly, 1970, do therefore determine and declare that Earl M. Tebault,
J. Curtis Payne, Frank D. Tarrall, Jr., Frank A. Dusch and George R.
Ferrell hav4-ng receivcd the highest nuitiber of votes cast for Yiembers of
the City Council of Virginia Beach and are declared elected for a t6rm
of two (2) years.
WITNESS our signatures and seals this Ilth day of June, 1970.
()W
MartA.n Cahill
-Robert, J. j)bo-d
co@g e
-Ca@herine Nixon
Clerk of Circuit Court
VIRGINIA: In the Clerk's Office of the Circuit Court of the City of
V3'.rginia Beach, on the llth day of June,,,1970.
1, JOHN V. FENTRESS, Cierk of the said Co6rt, do certify that
the above Commissioners this day met aild canvassed said votes, and the
above is a true copy of same on file in my said office.
/,iClerk, Circuit Court of City of
V Virginia Beach.
s, Clerk
Copy Teste:- John V. Fentres
C.
OFFICE OF URBAN AFFAIRS
JUN 15 1970
FAY
@WERED AI:ED-
ITE14 #2350
On motion by llr. 1'erreZI, seconded by tlr. TebauZt, and by recorded vote as fazzows,
Ayes: Mayor Frank A. Dusch, Vice 24ayor Robert B. Crom,)eZZ, Jr., AZbert L. Bonney, Sr.,
George R. FerreZZ, D. A-furray MaZbon, Lawrence E. MarshaZZ, John W. @!cCombs, J. Curtis
Payne, G. Dewey Sinnons, Jr., EarZ R. TebauZt, and Kenneth N. Whitehurst.
Nays: None
Absent: None
City CounciZ approved an increase from $1,250 to $2,084 (an increase of @834) for the
sumer youth transportation program.
ITEM #2351
Mr., Carrington stated that he had received a tetter from the appzicant requesting
withdrcwaZ of the foZZowing appzication.
on motion by Mr. Sirmons, seconded by Mr. Malbon, and by unanimous vote, City Counci7l
approved the withdrcaoaz of the foZZowing appzication.
Application of Warren Corporation by Richard F. Brody, Attorney, for
a Use Permit for a parking lot on certain property located on the South
side of 32nd Street beginning at a point 481 feet West of Holly Road,
running a distance of 200 feet along the South side of 32nd Street, run-
ning a distance of 157 feet along the Eastern property line, running a
distance of 200 feet along the Southern property line, runrdng a distarice
of 157 feet along the Western property line. (Linkhorn Park Area).
LYNNHAVEN BOROUGH.
The Planning Comrnission recommends approval of this request subject
to screen f@encing alon- the Eastern and Western property lines and further
subject to the requirements of the Site Plan Ordinance. Also the Planning
Commission reserves the right to review the Use PerTnit if the driveway
on 3Znd Street (Pinewood Road) is found to constitute a traffic hazard by
the Bureau of Traffic Safety.
ITEM #2352
Mr. Donald Rhodes, attorney, appeared on behazf of the appzicant.
Mr. Sam Houston, Jr. appeared in opposition to the fozzowing appzication.
On motion by Mr. Bonney, seconded by Mr. MarshaZZ, and by unanimous vote, City CotinciZ
approved the foZZowing application for a change of zoning and a use permit, @ject to
City'w&ter and sewer and a dedication of 40 feet from the center Zine of ParZiwne?zt
Drive and further @ject to the requirements of the Site PZan Ordinance.
Application of J. 0. Beckham for a change of zoning from Liniited
Comrnercial District 1 (C-L 1) to Multiple Family Residence District
(R-M) and a Use Permit to construct sixteen apartment units and
sewage facilities on certain property located on the North side of
Parliament Drive beginning at a point 438 feet West of Lowther Drive,
running a distance of 100 feet along the North side of Parliament Drive,
running a distance of 372 feet along the Eastern property line, running
a distance of 63 feet don.@ the Northern property line, Southern property
line of the Norfolk and Southern Railway Co. , and running a distance of
348 feet alon@ the Western property line. (Carolanne Farms Area).
KEMPSVILLE BOROUGH.
The Planning Cornmission recommends approval of this request subject
to City water and sewer and a dedication of 40 feet from the center line
of Parliarnent Drive and further subject to the requirernents of tlie Site
Plan Ordinance.
ITPI @42353
A ResoZution rezative to service charges oi@ false azarm burazar azaym system dej-err(31@
for two (2) weeks.
Request o@ G.C.S. Company for t'@ie approvaz ol@ a deed rezative to FZeming Drive rerrot)ed
from th, doc7,et.
ITEM #2355
On motion by Ivr. ?4arshaZZ, seconded by @Vr. Bonney, and by unanimous vote, City Counciz
approved an Ordinance to amend Chapter 6, Virginia Heach City Code, to authorize the
Director of PubZic 3afety to establish channel Zines in waters of the C,@ty not reguzated
by other governmentaz agencies, and to revise certain sections omitted from the printed
City Code, as her,@on adopted:
ORT)INANCE NO. 2Q,l
AN ORT)INAI;CE TO AIIEND CI@TEP, 6, VIRGINIA BEACH
Cl-TY CODi-1, TO AUTTIORIZE TIIE DIRECTOP, OF PU3LIC
SAFF,TY TO ESTA7@LIS!i CT@IN@7L LIN-4S IN ',TATERS OF
T-,IE CITY NOT RT-'G-CLATE-1) 3Y -OTHrl GOV-@'q,%IFNTAL
AGFIC\CIES, A@iD TO R7@VTSF@ CE,@'rAIN SECTIONS O'LIIITTED
FROM THE PRINTED "ODw-.
BE IT ORT.).,%INED BY TH';-? COUNCIL OF THE CITY OF VIPGINIA BEACH,
VIRGINIA:
1. That Chapter 6, Virginia Beach City Code, is her6by amended
by the additi.on of a new section as follovis:
Section 6-12. Designation of Chailnels.
The Director of Public Safety is authorized to
establish channel lines in those waters within the City
of Virgiiiia Beach, not so regula-@ed by any agency of
the United States or the Commonweal.th of Virginia.
Areas so designated shall be marked with markers as
approved by State or Federal agencies having authority
to give approval on request of the Director of Safety.
It shall be unlaiqful for any person, except in
case of emergency, to moor or anchor any boat or vessel
within such desianated channels which have been
designated by authorized markers.
2. Chapter 6 is further amended. by the reenactment of the
following sections:
Section 6-15. Markers designating swiinrning areas,
The Director of Public Safety is hereby authorized
to d.esignate areas for public siqimming or public bathing
and to mark slch areas with buoys which comply with State
and Federal laws or @,7ith the rule and re@ulations of
the appropriate Federal and State agencies and to place
the sam- off-stiore, but not more than 100 yards from
mean low water.
Section 6-16. @lotor boats and water skis prohibited in
marked waters.
It shall be unlawful for any person to operate a
motor boat or motor boat to@4na water skis, surfboard
or other si.ir@ilar device within the area of water
designated and. marked. as provided in Section 6-15 of
this Code.
Section 6-20. lqater skiers, surfboards, etc.,
safe operation.
it shall be unlawful for any person to operate or
manin@alate any motor boat, tow tOI)e, or other device
bv 'Rhich the direction or locition of water skis,
surf',-'oareis, @nd Otll@er siiiilar device may be affected
or cc)ntrol-@@,l i-n such a way is to cause tl,.e water
'-vic@,, c,- ar.,v
Section 6-21. Regattas, races, exhibitions; exception
The provisions of this article shall not be
construed to prohibit regattas, the running of
races, or exhibition, during an approved., publicly
announced, properly supervised, and adequately
patrolled regatta, race, speed trial or exhibition.
Written approval for such events from the City
Manager, pursuant to the rules and regulations of
the United States Coast Guard, or from the Commission
of Game and Inland Fisheries of the Common@4ealth of
Virginia, shall be deemed sufficient evidence of
approval.
Section 6-22. Reckless motor boating, water skiing, etc.
it shall be unlaiqful for any person to operate
any motor boat or other vessel, or to manipulate
any water skis, surfboard or other similar device, on
any of the waters in the City, in a reckless or
negligent manner so as to endanger or be li.kelv to
endanger the life, limb or property of any person
Section 6-23. Motor boat, vessel, water skis, etc.,
operating under the influence of
intoxicants; penalties.
It shall be unlawful for any person to operate
,iny motor boat or other vessel, or manipulate any
water skis, surfboard or other similar device on any
of the waters in the City whil.e under the in@L-luence
of,intoxicating beverages or under the influence of
any self-administered drug.
Any person who shall violate any of the pro-
visions of Sections 6-22 or 6-23 shall be guilty of
a misdemeanor and upon conviction thereof sliall be
punished by a fine not exceeding $500.00 or by
confinement in jail not exceeding 12 months, or both,
in the discretion of the jury, or of the judge trying
the same without a jury.
3. Chapter 6 is further amended by the enactment of the
following section:
Section 6.25-1. Speed limit in Raineys Gut and tributaries
thereof.
It shall be unlawful for any vessel to be operated
at any time at a speed in excess of six (6) miles per
hour or for any vessel to be operated in such a manner
as to cause objectionable or excessive wake, in that
area known as Raineys Gut and its tri.butaries.
4. Section 6-26 is amended by deleting the %,7ord "fifty"
and substituting therefor the word "one-hundred" and by the
addition of the words "or people in the water" after the word.
livessel.
Adopted by th6 Council of the City of Virginia Beach, Virginia
on the 22nd day of June, 1970.
#2356
A report of viewers relative to czosing Cricke-, Cir--'.@ in Lynnhaven Borough'defer'red
for two (2) weeks.
ITEM #2357
Mr. David Howard, President of CoZIege Park Homes Association, appeared in favor of
closure of a portion of Amhe@st Lane and Auburn Drive in CoZZege Park section.
Mr. Sam Houston, Jr., appeared in favor of czosure of a portion of Amherst Lane and
Auburn Drive in CoZZege Park section.
Mrs. WiZZiam Harvey appeared regarding the czasure of a portion of Amherst Lane and
Auburn Drive in CoZIege Park section.
On motion by Mr. Bonney, seconded by I,!r. Payne, and by unanimous vote, City Counciz
deferred for two (2) weeks the repart of viewer-3 rezative to czosing a portion of
Amherst Lane and Auburn Drive in ColZege Park section.
ITEM #2358
On motion by Mr. ?4arshaZZ, seconded by Afr. CromweZZ, and by unanimous vote, City
CounciZ denied closure of a portion of Ocean View Avenue, Chesapeake Park, based
on the viewers' report on file in the City Attorney's office.
ITEIJ #2359
On motion by Mr. McCombs, seconded by Mr. MaZbon, and by unanimous vote, City CounciZ
denied street closure in the matter of OZd Ilacific Avenue, Rudee InZet Area, based on
the viewers' report on file in the City Attorney's office.
ITEM #2360
On motion by Mr. Marshall, seconded by Mr. Tebault, and by recorded vote as folzows:
Ayes: Mayor Frank A. Dusch, Vice Mayor Robert B. CrortweZZ, Jr., Albert L. Bonney, Sr.,
George R. Ferrell, D. A&rray iVaZbon, Lmorence E. MarshaZZ, John W. McCombs, J. Curtis
Payne, G. Dewey Simons, Jr., EarZ H. TebauZt, and Kenneth N. Whitehurst.
Nays: None
Absent: None
City CounciZ approved the folzowing appzications for tax refunds in the amount of
$64.70.
TO: klr. Harry T. ?,nrshall, City Att
orney
FROM: Mr. V. A. Etheridge, Treasurer Date June 5, 1970
SUBJECT: Application for Tax Refunds:
The following appiications for refund of ta@@s tota@@ $ 64. 70
and certified for pay.,nent, as set forth bel'
Etheridge, Treasurer
Tax Type Tax Pen- Inter-
.,Ticket
Name Year of Ta@ Number id Base alty est Total
avidson, Juanita 1969 PP 50037 2508 5-5-70 54.00 2.70 56.70
andall, Oran L. &
Evelyn C. 1969 RE 38724 66 6-4-69 8.00 8.00
First & 11-3-69 L@ 70
Second
Half
for refi@nd.of taxes approved. Above@ abit@n@nts t6taling@
At;ove @pp@ieat@.6@
t@ppro@ by Ci ty Counc
#2361
T 7-'!4
t Association,
mr. Fdwin KEZZ=, representing the Virginia Beac, Ar appeared before
Council requesting a c-ne time appl@opriation of @20,000 for assistance in starti@z,,,
an art rnuseum for the City of Virginia Beach.
Mr. John ButZer appeared on behalf of E@in Ketiam and members of the Art Association
of Virginia Beach.
On motion by Mr. Sipmons, seconded by Mr. Bonney, and by recorded vote as fozzows:
,4yes: Mayor Frank A. Dusch, Vice Mayor Robert B. CromweZZ, Jr., AZbert L. Bonney, Sr.,
George R. FerretZ, D. Murray Malbon, Lawrence E. MarshaZZ, Tohn W. McCombs, J. Curtis
Payne, G. Dewey Sirmons, Jr., EarZ H. TebauZt, and Kenneth N. Whitehurst.
Nays: None
Absent: None
City CounciZ approved an appropriation of $10,000 for assistance in starting an art
museum for the City of Virginia Beach.
ITEM #2362
On motion by llr. @!archaZZ, seconded by @'r. Cromwell, and bU unanimous vote, City
Council approvIed the trcrr@fer of @7,500 from Reserve for Contingencies to the
Municipat Counciz budget for the City's involvement in court proceedings against
rate increases for Princess Anne Utilities, Aragana UtiZities, and Virginia Ezectric
and Power Company.
ITEM #2363
On motion by Mr. McCombs, sec@ed by Mr. TebauZt, and by recorded vote as fotzows:
Ayes: Mayor Frank A. Dusch, Vice Aldyor Robert B. CromweZZ, Jr., ALbert L. Bonney, Sr.,
George R. FerreZZ, D. Murray 14aZbon, Lawrence E. MarshaZZ, Tohn W. McCombs, J. Curtis
Payne, G. Dewey Simmons, Jr., EarZ H. Tebault, and Kennet@ N. whitehurst.
Nays: None
Absent: None
City CounciZ approved the request of the JuveniZe and Domestic Rezations Court
for a suppzemental appropriation o@ $7,412 to the 1970-71 budget in order to hire
a baliff. The amount appropriated wouzd be broken down as folzows:
SaZary $5,112
Car 600
Radio 700
Car operating
expense 1,000
TotaZ T7,4-12
ITEM #2364
On motion by Mr. FerreZZ, seconded by iir. MarshaLt, and by unanimous vote, Ci*
CounciZ reappointed Mr. Plitfred P. Large and Mr. J. C. Kester to the Buitding Board
of Adjustments and AppeaZs for a term of two years, beginning JuZy 1, 1970 and ending
June 30, 1972.
ITEM #2365
on motion by Mr. 14cCombs, seconded by Mr. FerreZZ, and by unanimous vote, City
CounciZ approved the folzowing resozution requesting the City of Norfotk to make
a connection and to furnish water through a proposed water system Zocated at 5kipper
Drive, Princess Anne PLaza.
A RESOL,UTION BEQUESTIN(-3 TEIE CITY OF NORFOLK to make a
connection and to furiiish water tllroti-,h a proposed @vater system located
,@t Skipper Drive in the Cify of Virginia Beach, @urther described below:
Whereas, it is proposed by the City of Virginia
Beach, Virginia, at thc request of the Delta
Building Corporation, to extend a proposed 4"
water niain 160 Lineal Feet, along S
in accordance with the existing contract betweell
the City of Virginia Beach and tlie City of Norfolk.
All as described and shown on plans entitled "Extension of Skipper Road
for, Delta Building Corporation, Virginia Betch, Virginia", as prepared by
Talbot a3id Associates, En,,iiieers.
I
NOW, THEREFORE, BE, IT RESOL,VLD, tliat the City of Norfolk be and it
liereby is requested to rnake a connectioii of the proposed water mains with the
preselit mains of said City at th; said designation, aild upon @ornpletion of the
installation of the proposed itiains, to supply water to consumers residing tliereon,
it beiiig expressly uiiderstooci and a,,@reed tliat the supplying of said water by the
City of Norfolk shall be upon and sui)ject to the following @,riiis aild conditions:
1. That the said water niains shall he installed in accordance with the
specifications of the said City of Norfolk and to the satisfaclion of the Director of
Public Works of said City, at no cost to tile City of Norfolk.
Z. That the water so supplied through said niains tc, consumers sliall be at
tlie sarne rate now, or hereafter, cliarged by the City of Norfolk to consumers beyond
tlie limits of said City siniilarly situated.
3. That.,all ordinances of the City of Norfolk and all rules and regulations of
tlie Division of Water Supply of said City, now or hereafter adopted and put into effect,
relating to the furnishin- of water shall apply to the supplying of water through the
said proposed mains.
4. That th@ said City of Norfolk shall be uilder no obli,.,ation to furnish more
water than its distribution systern as now laid, with the pressure carried, will dc,,Iiver
into said mains, and if the said supplying of water shall not be in accordance with the
stan,Jard service, the said City of Norfolk shall not be held responsible in any way.
5. That in supplying water to ccnsumers along the said proposed mains, the
City of Norfolk will supply tlie same oiily from its surplus supply, and that in no event
shall there be any obligation on the part of saicl City to supply water to any consumers
alolig tlie proposed rnaiiis at any time whcn, in the jtidgemeiit of the Couiicil of the said
City of Norfolk, the said City shall not have SLLfficient supply for use witliin its corporate
liniits, or whenever the supplying of 'said water shall interfere with tlie discharge of
tlie duty of said City to supply water to its own inliabitants.
6. That from and after the installation of tlie water mains and hydrants they
shall become the propcrty of the City of Virgiiiia Beach. The City of Virginia Beach
shall grant to the City of Norfolk the right to use such mains ancl hydrants for the supply
of water, and further grants to th,-- City of Norfolk ready and reasonable access to then-i.
7. That for an@ fire hydrant i-@istalled at the request of the City of Virginia Beach,
a rental payment of One Hundred Dollars ($100. 00) a year for each hydrant shall be paid
to the City of Norfolk.
ADOk'T.ED BY THF COUNCLL of the City of Virginia Beach, Virginia this 7/.v
day of 1 9 o@.
APPIOVED:
ITEM #2366
On motion by.Pfr. McCombs, seconded by Mr. FerreZZ, and by unanimous vote, City Council
approved the following resozution requesting the City of Norfolk to make a connection
and to furnish water through a proposed water system tocated at the Virginia @Zoyment
Cormission site, Virginia Beach BouZevard, Lynnhaven Borough.
A RESOLUTION REQUESTING THE CITY OF NORFOLK TO MAKE A
CONNECTION AND TO FURNISH WATER THROUGH A PROPOSED WATER
SYSTEM, LOCATED AT VIRGINIA EMPLOYMENT COMMISSION SITE,
VIRGINIA BEACH BOULEVARD, LYNNHAVEN BOROUGH, IN THE CITY
OF VIRGINIA BEACH, FURTHER DESCRIBED BETOW:
WIIEREAS, It is proposed by the City of Virginia Beach, Virginia at
the request of Dudley, morrisette, Cederquist and Associates, Architects,
to extend a proposed water main in accordance with the existing contract
between the City of Virginia Beach and the City of Norfolk, in Virginia
Employment Commission Site, Virginia Beach Boulevard, Lynnhaven Borough,
in the stmeets listed as follows:
Name of Size of Lineal No. of
Street Pipe Feet HVdrants
Virginia Beach Boulevard 6" 234
Easement 6.. 18
all as described and shown on plan entitled "Virginia Employment Commission
Site Development Plan With Pump Station Alternate", as prepared by Frank D.
Tarrall, Jr. and Associates, Engineers, dated November 17, 1969.
17'
-snc.
I "@lh
,a4C) C4@-y o' @-0 fo t,
of ti@ r 14 ari lo hc
t-@"p- L)i--ec"or of P-ubl c)f z,-@iid C@@ ty no co-.t C@.ty of
tic, f o Ik
TT!ain tf@,, c:
2@ That t,,e watev so c@ u q s z
sanie @c @ c -) @E ki t
,-,e at tha rate no,,T, or l@y c@ty c,,.Eo i, 0
'oe%,,)nd t5@;@ 41-s 0 d c4ty
3. '@lhat all ordinances oi' @@lle Ci.Ly of all artd
of -w or ,-rc
th(-, C,'4ty, 11, ,-
adGpte-d aiid put into effect, t-- 'L-'I'I(l
apply to t@ic
11 T'@at tlie sa3.d ()f
flirnisli more ,qater tqan 4-t;7, as now
pre-@,f,ui-e carr@@-d, will dol",vcr :@nto ard if the said supplying
C)@ s',iall not @@e in siid
City of Norfolk s@iall r@,ot 1),? i:@3sponsib@e in zny wav.
5. Tn. it i-,l su'3p!vinl Wat--@r tO tlie prcpozqcl
h,-, ci,,,,7 of Norfolk will sunply @'he sanin only it.1 So)-P'I-us supply, an--'
liat ir@ ii or! t'i-le. oart o d
o @v--rit s@iall be :-)Ly o;, f sai CI@IN t)
@uppl-y wa-ler to any ti-l(-, iiai-ns at w'c. I,, ,
.i n @i i Ci-Y I -
I 6c,"Ielit o' t@- I the sa@0, C@tv
,lie ju , @@i I Co,,iic@@l .)r @.he d o@ @lorf @3-k
sliall@ Tio"@ have suf Pic-i-ent iise tF c,,r
w@l,,i-,q@ver tl!E!
4tS C,;@, in@pa_bit-ritS,
c,f tlie duty of said C;-ty @o 1
6. That -frorr,. a,,id t@fie icn c@f th@, n,a@@ ns 5.1d
h,id-.-ants ti,ey shall --ccon@e i:he pror@a--t'/ --;.,@y of .2coch.
-@he Citv of Vi-rqinic 3- t@t) thL f-'i.ty of @lorfc)!'K ri-g'rt
to u@e s,acl,. mains and hydr@,,@rs "or the cf ;ater, z,,nf ftirther -,rants
t-, th@ CiLy O@r @lorF,,lk re6,,@y an,4 r,ea@,,Y,@cible ar-cf-,ss tn theia.
oF thc- Cit,,, c)i'
The@ Fol- a t a 'l- t h @. r c@
7. hy @-@an@. Lc@ @ -
a X t! 1-1 to 4LI f@O @,
@,ear
fo-- --lie O.,
ADC);>",'--,,) B)C TziE Ti, c@f 'l-h,@? C i 'L
A-,
A,, TE!@
Mr. Buck CowZing appeare' be@@cre Ci+,, a business Zicense for the
a 4Coi@nciZ conce--ning
doZphin show.
On motion by Mr. Payne, seco?@ded by Mr. Vnitehu2,,st_. and by unanimous vote, City Cou-rciZ
denied the appzication of Mr. Buck CowZing for a speciaz business permit for a doZph-,'n
show as it was considered an 6msement rather than an educationaz exhibit.
ITEM #2368
On motion by Mr. McCombs, seconded by Mr. IlarshaZZ, and by unanimous vote, City CounciZ
crpproved the folzowing resozution to be submitted to the office of the HonorabZe
Limdood HoZton, Governor of the coumonweazth of Virginia, uphozding the request of
Mr. Reid Ervin, CounciZman ezect.
The regular mectinq or- tl)e Council of the- City of Virginia
Beach ,7-as 'tield in the Couiic-,*.l Chq-.I',)ers of the Aiiniiiistration
I
,3ui-lding of tlie Vi.i.-gi-,,!..a il@ach on ',foi,,Iay, June 22, 1970,
at 10:00 o'clock A.@,!.
On motion by @Ir. mccombs and seconded by t4r. Whitehurst
the following resolilition -,,,a,@ unaiiimousi.y adopted:
R E S 0 L U T I 0 N
WHEREAS, 'iqr. Reid Ervin, wtio will asstime his seat on this
Council on September 1, 1970, has addressed a letter to tlie
Governor of Virgitiia in @,Thich he requests the Governor to utilize
the services of resi-dents of this City in making appointments to
the Virginia State Ports Authority; and
WHEREAS, this Cotincil has on nany occasions expressed its
concern that this major city (166,000 population as showii on
preliminary 1970 census reports) should be represented on some of
the Boards and Commissions of ttie State.
NOW, THT,,T?EFORE, 3E IT ',@.ESOTVFD ,3Y THE COU14CIL OF THE CITY OF
VIRGINIA BEACH, VIRGINIA:
This Council strongly reaffirms its position endorsing
Mr. Ervin's letter to the Honorabl-e A. Lini,7ood Holton and urges
that consideration be given to tbe appointment of citi.zens of this
City to State Boarcj,,; an-, Cormnissioiis.
BE IT FURTHER RESOLVED, that the Ci-ty Manager is hereby directed
to transmit a certified copy of this resolution to the Governor
of Virginia.
REGULATORY SYSTEM FOR DEVELOPMENT, USE, OCCUPANCY AND
CONSTRUCTION
,SUBDIVISION REGULATIONS
OF VII?GINIA BEACH, VIRGINIA
Cer@ified to be a true copy of the Minutes of the City CounciZ of the City of
Virginia Beach, Virginia, adopted by -,-he City Council June 22, 1970, with the
exception of Section 5.10 Underground Utitities, and noted in the Minutea of
the City CounciL as ITEM #2369.
June 22, 1970
CONTENTS
Title . . . . . . . . . . . . .
Enacting Clause . @. . . . . . . . . . . . . . .
l.. Definitions . . . . . . . . .
1.1 Street . . . . . . . . . .
(a) Arterial or Major Streets or Highways
(b) Collector Streets . . . . . . . . .
(c) Minor Streets . . . . . . . . . . .
(d) Marginal Access Streets . . . . . . . . . . .
(e) Alleys . . . . . . . . . . . . .
1.2 Subdivision . . . . . . . . . . . . . . I : ' : ' 2
2. Recording Plats . . . . . . . . . . . . . . . . . . . . . .I . 2
3. Procedures . . . . . . . . . . . . . . . . . . . . . . . . . . . 2
3.1 Pre-application conference . . . . . . . . . . . . . . . 2
3.2 Procedure for Conditional Preliminary Plat Approval 2
3.3 Procedure for Approval of Final Plat . . . . . . . . . . . 3
4. Design Standards . . . . . . . . 4
4.1 Streets and Alleys . . . . . . . . . . . . . . . . . . . . 4
4.2 Easements . . . . . . . . . . . . . I . . . . . . . . . . . 7
4.3 Blocks . . . . . . . . . . . . . . . . . . . . . . . . . 8
4.4 Lots . . . . * , * , , , . . . . . . . . . . . . . . 8
4.5 Public Sites a@d-Op'en Spaces . . . . . . . . . 9
4.6 Preservation of Noteworthy Features . . . I . . I 10
5. Required Improvements . . . @ . . . . . . . . . . . . . . . . . . 11
5.1 Permanent Monuments . . . . . . . . . . . . . . . . 11
5.2 Streets and Alleys . . @ . . . . . . . . @
5.3 Street Signs and Traffic Control Devices @
5.4 Street Lights . . . . . . . . . . . . . . . . . . . .
5.5 Street and Other Drainage . . : : . . . . . . . . . . 12
(a) Curbs and Gutters . . @ , . . . . . . I . @ .
(b) Storm Sewers and Drainage . . . . . . . . . . . . . @ . 12
5.6 Sidewalks I . . @ I . . . . . . . . . . . . . . . . . , . 12
5.7 Driveway Entrances .. . . . . . ... . . . . . . . . . . . . . 14
5.8 Water Supply . . @ . . . . . . . . . . . . . . . . . . . . . 14
5.9 Sanitarv Sewerage . . . . . 14
rm Undergr-ound Utilities . . . . . . . . . . 15
BEFLIiRf@ll
6. Plats and Data . . . . . . . . . . . . I . . . . . . . . . . . . 15
6.1 Preliminary Plats and Data Generally . . . . . . . . . . . .15
6.2 Preliminary Plats and Data--Special Provisions . . . . . . . 17
6.3 Final Plats and Data . . . . . . . . . . . . . . . . . . . 17
7. Procedural Requirements on Improvements . . . . . . . . . . . . .
19
7.1 P16ns and Specifications for General Improvements . . . . . . 19
7.2 Installation of Improvements; Inspections . . . . . . . . . . 20
7.3 Performance Bond in Lieu of Installation . . . . . . . . . . . 20
7.4 As-Built Construction Drawings . . . . . . . . . . . . . . . . 21
7.5 Defect Bond . . . . . . . . . . . .. . . . . . 21
7.6 Release of Bonds . . . . . . . . . . . . . . . . 21
7.7 Public Acceptance of Improvements or Proposed Dedications . . 21
8. Fees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
8.1 Plat Fees . . . . . . . . . . . . . . I. . . . . . . . . . . . 22
8.2 Permit and Inspection Fees . . . . . . . . . \% . . . . . . . . .22
9. Appeals . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
9.1 Appeals from Decisions of Administrative Officers . . . . . . 22
9.2 Modification of Standards . . . . . . . . . . . . . . . . . . 22
9.3 Variances . . . . . . . . . . . . . . . . . . . . . . . . . . 22
9.4 Appeals from Decisions of Planning Commission . . . . . . . . 23
10. Penalties . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
11. Separability . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
12. Effective Date . . . . . . . . . . . . . . . . . . . . . . . . . . 23
TITLE
An ordinance establishing subdivision regulations for the City of Virginia
Beach, procedures and requirements in relatioyi to subdivision, and penalties for
violation of such subdivision regulations.
ENACTING CLAUSE
Whereas; the planning commission has prepared and recomrnended such an
ordinance, after public notice and hearing as required; therefore
BE IT ORDAINED by the city council of the CitY of Virginia Beach pursuant
to the provisions of the Code of Virginia, 1950--Title 15.1, Chapter 11, and for
purposes set forth therein:
DEFINITIONS
1.1 street. A vehicular way (which may also serve in part, as a way for ped-
Fstr-lan traffic) whether called street, highway, thoroughfare, parkway,
throughway, road, avenue, boulevard, lane, place, alley, mall or otherwise
designated.
(a) Arterial or major streets r highways are used by or designated pri-
mari y for for the purpose of these regula-
tions shall e considered to be as shown in any comprehensive plan
or element thereof designating such arterial or major streets or
highways officially adopted by city council.
(b) Collector streets are used primarily to carry traffic from minor streets
to arterial or major streets or highways.
(c) Minor streets are used primarily for access to abutting properties, and
nclude marginal access streets, which are generally parallel and
adjacent to arterial streets or highways, serve abutting properties,
and provide protection from friction with through traffic.
(d) access streets are used to separate local traffic from through
traffic n an adjacent thoroughfare and to provide controlled ingress
to and egress from through traffic.
(e) Alleys are minor ways used primarily for vehicular access to the rear
or side of properties otherwise abutting a street.
ITE!,! ',q2369
P@Ir. George Ti@ines, Assistant to the Cit @!an
,y ager, ,e@ented the foZZow@ng @evi--@d
,5ubdiv@sion Ordinance to the Citu CounciZ for 7doi)t--*on.
Mr. David F-oward, President, Tidewater HomebuiZders Association, appeared reqz:esting
that Section 5.10 be c,7eZeted from the fozlowing Szbdivision ordinance.
Mr. S= Houston, Sr., Chairman of the PZanning, DeveZopment, and Zoning Cormittee of
the CounciZ of Civic Leagues, avpeared in protest because the finaz draft of the
foZZowing Subdii)ision Ordinance was not discussed with his organization, otherwise
the Ordinance had the overaZZ approvaz of the CounciZ of Civic Organizations.
On motion by Mr. MarshaZZ, seconded by Pfr. Payne, and by recorded vote as fozzows:
Ayes: Mayor Frank A. Dusch, Vice @layor Pabert B. CronweZZ, Jr., AZbert L. Bonney, Sr.,
George R. FerreZZ, D. A&rray l@albon, La7,)rence E. AfarshaZZ, John W. AfcCombs, J. Curtis
Payne, G. Dewey Siumons, Jr., EarZ H. TebauZt, and Kenneth N. Whitehurst.
Nays: None
Absent: None
City Council adopted the foZZowing Subdivi@on Ordinance with exception of Section 5.10
regarding underground utizities, which @tem @ZZ be presented to the City Counciz for
adopti,@on at a later date.
TITLE 2-Q
An ordinance establishing subdivision regulations for the City of Virginia
Beach, procedures and requirements in relation to subdivision, and penalties for
violation of such subdivision regulations.
ENACTING CLAUSE
Whereas; the planning commission has prepared and reconnended such an
ordinance, after public notice and hearing as required; therefore
BE IT ORDAINED by the city council of the City of Virginia Beach pursuant
to the provisions of the Code of Virginia, 1950--Title 15.1, Chapter 11, and for
purposes set forth therein:
DEFINITIONS
1.1 Street. A vehicular way (which may also serve in part, as a way for ped-
estrian traffic) whether called street, highvjay, thoroughfare, parkway,
throughway, road, avenue, boulevard, lane, place, alley, mall or otherwise
designated.
(a) Arterial or major streets or hiqhwavs are used by or designated pri-
marily for fast or heavy traffi@, a;d for the purpose of these regula-
tions shall be considered to be as shown in any comprehensive plan
or element thereof designating such arterial or major streets or
highways officially adopted by city council.
(b) Collector streets are used primarily to carry traffic from minor streets
to arterial or ma oi@ z;t@-EdtS or @,,ghwa,,s.
(c) Minor streets are used primarily for access t6 abutting properties, and
include marginal access streets, which are generally parallel and
adjacent to arterial streets or highways, serve abutting properties,
and provide protection from friction with through traffic.
(d) Marginal access streets are used to separate local traffic from through
traffic on an adjacent thoroughfare and ilo provide controlled ingress
to and egress from through traffic.
(e) Alleys are minor ways used primarily for vehicular access to the rear
or side of properties othen@iise abutting a street.
1.2 Subdivision. The division of a parcel of land into two or more lots or
arcels for the purpose, whether immediate or future, of transfer of
ownership or building development. The term shall be construed to
include all changes in lot lines, and the creation of new lots involving
any division of an existinq lot or lots,-and when appropriate to context
the process of subdividing-or the territory subdivided; provided,
however, that a division of land for agric'ultural purposes into lots or
parcels of five acres or more and not including changes in street lines
(,@xcept for street dedication) creation of new streets or elimination of
existing streets, shall not be deemed to be Subdivision.
RECORDING PLATS
2.1 After the effective date of this ordinance, the owner or proprietor of
any tract who desires to subdivide it shall submit a plat to the planning
department, which is hereby charged with responsibility for coordinating
the processing of such plats. If and after a final plat has been approved
by the planning director and other affected agencies as conforming to
regulations relating to subdivisions, the owner or proprietor may cause it
to be recorded with the clerk of the circuit court of the city.
2.2 No person shall subdivide land without making and recording a plat thereof
and complying fully with the provisions of these regulations and all other
state and local laws applying to subdivisions.
2.3 No person shall sell or transfer such land or any part thereof by refer-
ence to, or exhibition of, or by any other use of, a plat of a subdivision
before such plat has been duly recorded as provided herein, unless such
subdivision was lawfully created prior to the adoption of a subdivision
ordinance applicable hereto, provided that nothing herein contained shall
be construed as preventing the recordation of the instrument by which
such land is transferred or the passage of title as between parties to
the instrument.
PROCEDURES
3.1 Pre-application conference. Before filing application for approval of a
plat, t e subdivider m y@@nfer with the planninq department and such
other agencies of the City as he or the department deems advisable con-
cerning the general proposal. Such action does not require formal appli-
cation, fees, or filing of a plat, and is not to be construed as applica-
tion for approval of a plat in computing time limitations in relation
thereto.
3.2 Procedure for Conditional Preliminary Plat Approval
(a) The subdivider shall cause to be prepared a preliminary plat with
2
other material required as set forth in Section 6, and shall submit 7
COPies thereof to the Planning department for processing and referral
to affected agencies, together with an application for aPI)roval and
such fee as is established by city council in relation t'o'processing
subdivision plats. Time limitations in relation to such processing
shall begin as of date of receipt of the preliminary plat, applica-
tion and fee as indicated on such documents when they are received
bY the planning department.
(b) After the preliminary plat and related material has been submitted
it shall be reviewed by the planning department and other affected
agencies of the city for conformity to this ordinance and other
applicable regulations, and negotiations niade with the subdivider as
to changes deemed advisable and the kind and extent of improvements
to be made by him. The planning department shall act upon the pre-
liminary plat and related material as submitted or as modified by the
subdivider, and if approved shall certify its approval as conditional
approval and state the conditions of suc@ approval, if any, or if
disapproved, shall indicate its disapproval and the reasons therefor.
(c) The action of the planning department shall be noted on all copies of
the preliminary plat to be retained in the record, referenced and
attached to any clianges or conditions determined. one such copy shall
be returned to the subdivider, and others retained as required for
records or further action of the department or other affected agencies
of the City.
(d) Conditional approval of a preliminary plat shall not constitute
approval of the final plat, but shall be deemed an expression of
approval of the layout submitted on the preliminary plat and other
matters determined in connection therewl th which shall serve as a
guide in preparation of the final plat to be submitted for final
approval and for recording upon fulfillment of the requirements of
this ordinance and the conditions of the conditional approval, if
any. Such approval of the preliminary plat shall be valid for a
period of 180 days and may be extended by the planning department.
Unless the final plat is submitted within 180 days or such extended
period as may be allowed, the conditional approval shall be void.
3.3 Pr oval of Final Plat
(a) The final plat and other exhibits required for approval shall be pre-
pared as specified in Section 6 and submitted to the planning depart-
ment within the time limit specified in the conditional approval of
the preliminary plat, or such extension as may be granted by the
department. Where provision has been made for staged development in
connection with conditional approval of the preliminary plat, includ-
ing time limitations, the subdivider ma'y submit a final plat for only
that portion of the approved preliminary plat which he proposes to
3
record and develop at the time,,if such portion conforms to all require-
mnts of these regulations.
(b) The final plat shall be submitted for approval on an approved durable
tracing medium and copies required for city processing will be prepared
by the City, with the original tracing returned to the subdivider or
his agent. Copies of other materials required for approval shall be
provided by the subdivider, in such numbers as may reasonably be
required in the case.
(c) Upon submittal of the final plat and other materials required with
application for final approval, the planning department shall initiate
and coordinate review by affected agencies of the City to deternline:
(1) Substantial compliance with the preliminary plat and any condi-
tions of the conditional approval thereof.
(2) General compliance with the regulations set forth herein, and
other applicable regulations.
Such review shall be completed within 60 days of submittal (or such
longer period as may be agreed upon in writing by the subdivider and
the department) and within such time, the final plat and related rnat-
.erials shall be approved or disapproved. Approval shall be in the
form provided in Section 6. Disapproval shall include written reasons
therefor. In the event that action is not taken within 60 days,
recourse shall be as provided by law.
(d) Approval of the final plat shall be void:
(1) Unless the approved plat is recorded in the office of the clerk of
the circuit court of the City within 1 year from the date of
approval.
(2 If there are any additions, deletions or alterations in the orig-
inal tracing following approval, except for marking incidential
to recording.
DESIGN STANDARDS
4.1 Streets and Allel.-
(a) Arrangement, character, extent, width, grade and location of all streets
shall conform to the comprehensive plan insofar as elements of the plan
relating to streets have been officially adopted by city council, and
shall be considered in their relation to existing and planned streets,
topographical conditions, public convenience and safety, and appropri-
ate relation to the proposed uses of land to be served by such streets.
(b) Where not indicated in the comprehensive plan, arrangement of streets
in a subdivision shall either:
(1) Provide for continuation or appropriate projection of existing
arterlial or collector streets in surrounding areas; or
4
(2) Where topography or other conditions make continuance or pro-
jection of existing streets unnecessary or impracticable shall
conform to a general area plan approved by the planning commis-
sion.
(c) Minor streets in residential neigliboi-hoods shall be so laid out that
their use by through traffic will be discouraged.
(d) Where subdivision abuts or contains an existing or proposed arterial
street or other streets carrying heavy traffic, the planning depart-
ment may require marginal @ccess streets, reversed frontage with
screen planting contained in a non-access reservation along the rear
property line, deep lots with rear service alleys, or such other
treatment, includir@g wider pavement widths, as may be necessary for
adequate protection of residential or other properties and separation
of local and through traffic,
(e) Where a subdivision borders or contains a railroad or Timited access
highway right-of-way, the planning coinmission may require a street
approximately par,allel to and on each side of such right-of-way and
at such distance therefrom as required for appropriate use of inter-
vening land, if any, and as determined with due regard for require-
.ments of future approach grades and grade separations.
(f) Reserve strips controlling sole access to public streets shall be pro-
hibited unless their control is definitely placed in the City under
conditions approved by the planning department.
(g) c@treet jogs with centerline off-sets of less than 125 feet shall be
avoided.
(h) No street intersection shall include more than four street approaches.
(i) Streets shall be laid out so as to intersect as nearly as possible at
right angles, and no street shall intersect another at less than 60
degrees, provided however that other arrangements for smooth merging
of traffic shall be permitted where the total effect on the intersec-
tion is to reduce traffic hazards and to provide for smooth traffic
flow at the intersection as a whole.
Property lines at the intersection of minor streets with each other
or with alleys shall be rounded with a minimum radius of 10 feet.
Property lines at the intersection of alleys with any streets shall
be rounded with a minimum radius of 10 feet. Property lines at all
other street intersections shall be rounded with a mi nimum radius of
20 feet.
(k) A tangent at least 100 feet long shall be introduced between reverse
curves on arterial and collector streets.
(1) When connecting street lines deflect from each other, they shall be
connected by a curve with a radius sufficient to insure a sight
5
distance adequate for visibility and safety, as determined by th,
peed
planning staff in consultation with the city enginteyepresafatnedr scon-
sideration of the character of the
of traffic anticipated, str'eet and the
(m) Street right-of-way widths shall be as specified in officiallv
adopted elements of the comprehensive plan relating to street-S.
Where not shown therein, Pavement widths and right-of-wav widths
for public streets shall be in relation to tfie proposed -density
and/or the land use of the property adjacent to the roads and '
within the parcel sought to be subdivided, but in no case, be less
than as follows:
Mi -n. ' W Min. Paved
@, Fh
7f t7
Arterial 8-0
ollector 60 36
inor
a. Serving connercial or
industrial uses 60 46
b. Serving residential uses 50 30
Mar inal acc@ss 40 30
A11@y 24 20
(n) Except in planned unit developments established under the terms of
the zoning ordinance, public streets narrower than the Cit@'s stan-
dard minimum widths as described in provisi n 4.1(m) of this ordi-
nance providing sole or primary access to two or mor,e lots are
permissible only where tol)oqraphic conditions will not permit public
streets with widths as required above, and only if all of the
following requirements are met:
(1) Such street shall serve not more than 20 dwelling units.
(2) Minimum width of the e@sement for such street shall be 20 feet
and may )e required to be increased if necessary for installation
and servicing of utilities outside the area of the driving sur-
face. Minimum paved width shall be 18 feet.
(3) Maximum length 'shall not exceed 550 feet, except where topographic
conditions require such greater length as mav be necessary.
(4) Design, location and improvement shall provi@e for safe i;tersec-
tion with public streets, safe passage of publi.c service and
emergency vehicles, and protection of adjolnl'ng property.
(5 Such street shall have a circular turn-around in accordance with
provision 4.](p) of this ordinance.
(o) Half-streets are prohibited, except where essential to the reasonable
developme h I
th, plann?, of t e subdivision in re,lation to surrounding ands and where
ng department finds it practicable to require dedication
of the other half when adjoininq property is subdivided. Where a
half street is adjacent to a tract to be subdivided, the other half of
the street shall be p@latted within such tract at the time of its
subdivision. No residence shall be constructed with sole access from
a half street.
6
(p) Except where unusual land configuration requires otherwise, cul-de-
sac streets, designed to be so permanently, shall not be longer than:
(1) 1,500 feet to the turn-arbund if serving low_ intensity residen-
tial uses (lot area per dwelling unit exceeding 7,500 square
feet) or
(2) 1,000 feet to the turn-aro6 nd if serving residential uses of
higher intensity.
All cul-de-sac streets shall be provided at the closed end with a
circular turn-around having an outside roadway radius of at least 40
feet and a right-of-way radius of a least 50 feet, except where other
forms of turn-around are approved by the Planning department as con-
forming to standard practice.
(q) Street names shall be subject to approval by the planning department.
No name shall be used which duplicates or is likely to be confused
with the name of an existing street.
(r) Unless other definite and assured provision is made for service
access, such as off-street loading, unloading and the like, alleys
shall be provided in commercial and industrial districts. Alley
intersections and sharp changes in alignment shall be avoided where
possible, but where unavoidable, corners shall be rounded to permit
safe vehicular movement. Alleys which dead-end against permanent
barriers are prohibited unless approved provision for turn-around is
made at the terminus.
(s) The overall street plan for any subdivision must provide access to
the subdivision by a public street connected to the existing road
system of the City.
4.2 Easements
(a) Easements for utilities and drainage shall be provided, unless waived
in writing by official having cognizance of the requirement, across
lots or overlapping or adjoining rear or side lot lines, and shall be
of whatever width is necessary to provide for installation of such
utilities or drainage and for access for maintenance, provided how-
ever that no such easement shall be less than 10 feet wide.
Where a subdivision is traversed by a water course, drainage way,
channel or stream, there shall be provided a storm water easement
or drainage right-of-way conforming substantially with the lines
thereof, and such further width or further construction, or both,
as will be required for the purpose of handling drainage. Streets
or parkways parallel, but not necessarily adjacent to such water
courses, may be required, Shifts from existing locations of water
courses, drainage ways, channels or streams may be pennitted by the
community services department only where such result in equivalent
or better drainage within and surrounding the subdivision than will
the existing location; provided, however, that any such changes shall
be explained in writing, including the specific reasons therefore,
and be made a part of the permanent application record.
7
4.3 Blocks
(a) Lengths, widths and shapes of blocks shall be detemined with due
re?ard to:
(I Provision of adequate building sites suitable to the special
needs of the type of use anticipated.
(2) Zoning requirements as to lot sizes, and dimensions.
(3) Needs for convenient access, circulation, control and safety
of street and pedestrian traffic.
(4) Limitations and opportunities of topography.
(b) Block lengths shall not exceed 1,800 feet nor be less than 400 feet,
except where alternate designs are approved by the planning depart-
ment as conforming to standard practice; provided, however, that
any such waiver shall be put into writing and include the reasons
therefor, and be made a part of the perflianent application record.
(c) Pedestrian walks not less than 10 feet wide shall be required where
deemed essential to provide circulation, or access to schools, play-
grounds, shopping centers, transportation and other community facili-
ties, Where such walks are provided the'y shall be located and fenced,
screened, lighted or otherwise improved in such manner as to provide
.security, tranquility, and privacy for occupants of adjoining property
and safety for users of the walks.
4.4 Lots
(a) Lot size, width, depth, shape and orientation and minimum building
setback lines shall be appropriate for the location of the subdivision
and the type of development and use contemplated.
(b) Lot dimensions in residential districts or for residential uses in
other districts shall be as required by the zoning ordinance. Depth
and width of properties subdivided for non-residential purposes shall
be adequate for off-street parking and service facilities required
by the type of use and development anticipated.
(c) Corner lots shall be platted not less than 10 feet wider than the
mi.nimum required by the zoning ordinance for interior lots in the
district, except that no such increase shall be required where mini-
mum lot width for interior lots is 125 feet or more.
(d) Each lot created in a subdivision shall have direct access to a public
street.
(e) Double frontage and reversed frontage residential lots shall in general
be avoided except where essential to provide residential separation
from traffic arteries or to overcome other disadvantages of orientation
or topography. A planting screen.easement of at least 10 feet shall
be provided along the line of lots abutting such traffic artery or
8
other disadvantageous use, across which there shall be no right of
access.
(f) Side lot lines shall be substantially perpendicular or radial to
street lines unless a satisfactory lot pattern, area for access and
utility easement pattern can otherwi se be provided.
(g) Where utility or other easements are involved, lot lines shall be so
arranged with respect to such easements as to pemit efficient
installation of the utilities without unnecessary irregularities in
alignment.
(h) No lot shall be recorcied for residential or other use unless the
land is suitable for the use permitted by the zoning ordinance and
intended for the land. Among other considerations, suitability shall
include freedom from extra-ordinary flooding or storm hazard and
adverse soil and ground water conditions.
4.5 Public Sites and Open Spaces
(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 a proposed subdivision, 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 years from
the date of recordation 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
plat how he will develop such reserved areas in the event that the
municipality fails to acquire the reserved property.
Required reservations shall not exceed 20% of the total land area of
the development and the compensation due the developer shall be an
expressed element of the subdivision agreement.
(b) It is required that residential developers meet the following recrea-
tional open space requirements to serve the residents of their
developments:
(1) In subdivisions of from 3 to 25 lots the developer shall reserve
a parcel of land acceptable to the planning director. Required
open space shall not exceed 15% of total land area and may be
waived by the planning director if the land is found to be
unnecessary, or unsulIted to recreation purposes, provided that
any such waiver shall be noted in writing and include the reasons
therefore, and be made a part of the permanent application record.
9
(2) In subdivisions of more than 25 lots the developer shall
reserve open space at the following rates:
Lot Size % of Total Land Required
or Open Si)ace
Less than 5,000 sq. ft.
15%
5,000 sq. ft. - 7,499 sq. ft. 12%
7,500 sq. ft. - 9,999 sq'.ft. 10%
10,000 sq. ft. -14,999 sq. ft, 8%
15,000 sq, ft. -19,999 sq. ft. 7%
20,000 sq. ft. -29,999 sq, ft. 6%
30,000 sq. ft. -39,999 sq. ft@ 5%
greater than 40,000 sq- ft- 3%
(3) All land reserved as aresult of this provision must be accessi-
ble to all the residents of the subdivision or development in
question and must be acceptable to the planning director as to
size and location.
(4) The developer must provide clearly defined street and pedestrian
access to the open space areas.
(5) Excepting the waiver provision and 15% maximum established in
points 1 and 2, all required reservations shall be administered
under the provisions of paragraph (a) of section 4.5 of the
Subdivision Regulations.
(6) The developer may establish a homeowner's accosiation to own and
maintain open space in perpetuity as required by this provision
in lieu of reservation; provided, however, that the homeowner's
agreement be reviewed and approved by the planning director and
the city attorney.
(c) When a proposed development is not included in an officially adopted
element of the comprehensive plan or when such development requires
an amendment to an officially adopted plan, the planning commission
may require reservation of such areas or sites of a character, extent,
and location suitable to meet the needs created by such development
for schools and other public purposes pr vided that such required
reservations will be administered under the provisions of paragraph
(a) of section 4.5 of the Subdivision Regulations.
4.6 Preservation of Noteworthy Features
In all subdivisions, to the maximum degree reasonably practicable, efforts
shall be made to preserve historic sites, scenic points, large trees and
other desirable natural growths, water-courses and other water areas, and
other features worthy of preservation, either as portions of public sites
10
and open spaces as described in Section 4.5, above, or in such other form
as to provide amenity to the neighborhood.
To the extent necessary for desirable preservation, the planning commission
may waive or alter specific requirements of these regulations as provided
in Section 9, Variances.
REQUIRED IMPROVEMEN-IS
5.1 Periiianent Monuments, of material, size and length as prescribed in the
sp e department of community services, as approved by the
Council of the City of Virginia Beach, shall be placed at all block coy,ners
and at the tangent points of curves connecting intersecting street lines;
at the points of curvature and tangency in curved street lines; at all
corners in the exterior boundary of the subd vision except those inacces-
sible due to topography; and at such other points as may be designated by
the director of community services.
The location and character of such monuments shall be clearly designated
on the final plat.
Such monuments shall be set not less than three nor more than nine inches
below the finished grade of the ground.
Any developer, builder, owner, occupant, firm or corporation or any persons
shall take precautions to protect all monuments, and any monument which is
moved or destroyed shall be imniediately reported to the department of
community services, and shall be replaced as directed.
5.2 Streets and Alleys shall be graded and surfaced in accordance with the
specifications ot the department of community services, as approved by
Council of the City of Virginia Beach.
5.3 Street Siqns and Traffic Control Devices in accordance with the specifica-
tions of the di ices, as approved by the Council
of the City of Virginia Beac , shall be erected at all street intersections.
5.4 Street Liqhts shall be provided and installed:
(a) Along arterial or collector streets;
(b) In all multiple family, hotel, commercial, and industrial districts;
(c) In such other locations as are found by the department of community
services to require such lighting in the interests of safety and
security-for persons, property or traffic.
Such lighting shall be provided and installed as set forth in the specifi-
cations of the department of community services, as approved by the
Council of the City of Virginia Beach. The recorded subdivider shall pay
to the City all costs involved in installation, and all costs to be
incurred during the first year of operation following installation, upon
receipt of a certified bill.
5.5
Every subdivision shall have a drai'nage 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 develop-
ment shall take such form as to create pot6ntial or actual impoundmel)t
of water on, or discharge of water onto, adjacent property in such a
manner as to (a) effect adversely existing development, or (b) increase
problems of future development on such adjacent property, except with the
written and recorded consent of the adjoining prop,erty owners affected
and the approval of the department of community Services.
To these ends, tile department of community services is empowered to require
such changes in plans or to establish such minimum and maximum elevations
and gradients in particular subdivisions as to provide for orderly and
efficient development of coordinated drai'naqe systems, even though the
drai'nage proposed for a particular subdivision might be adequate for the
subdivision itself, In addition, whe@-e adjoining lands are in districts
with varying improvement requirements or in other cases where similar
adjustments are necessary, the department of community services is empowered
to establish such transitional requirements as to types of curbs and gutters,
stom'drains, and the like as are appropriate and reasonably necessary in
.the circumstances of the case.
(a) Curb rs built to specifications of the department of commun-
approved by the Council of the City of Virginia Beach
d on all streets, except when it is determined by the
unity services that existing soil or site conditions
would make this requirement impractical; provided, however, that any
such waiver sfiall be put into writing and include the reasons there-
for, and be made a part of the permanent application record.
(b) Storm sewers and drainaae, Where required by the director of commun-
ity services, underground storm sewers meeting specifications of the
department of comunity services, as approved by the Council of the
City of Virginia Beach, shall be installed; provided, however, that
any such waiver shall be put into writing and include the reasons
therefor, and be made a part of the permanent application record.
Elsewhere, open drainage ways meeting specifications of the depart-
ment of corrounity services, as approved by the Council of the City
of Virginia Beach, shall be used.
5.6 Sidewalks. Where constructed, sidewalks shall be in accord with the speci-
'cations of the department of community services, as approved by the
Council of the City of Virginia Beach.
(a) Sidewalks 48 inches in width or such additional width as required by
the director of community services to match existing improvements
shall be constructed on both sides of arterial or collector streets.
12
(b) Side@valks 48 inches in width shall be constructed on both sides of
minor streets within subdivisions in districts where zoning is for
multiple family or commercial use, and may be required on one or
both sides of minor streets in subdivisions in districts zoned for
industrial use if the director of planning finds such requirement
necessary in view of desirable continuity of flow of substantial
pedestrian traffic.
(c) Sidewalks 48 inches in width shall be'constructed on one side of
each minor street within subdivisions where zoning is for one-family
or two-family residential use, and where minimum lot width require-
ments as specified in the zoning ordinance are less than 100 feet.
As an exception to this requirement, no sidewalk is required where
not more than 25 dwelling units could be constructed on property
served by the street. This applies only if the street could not
reasonably be extended to serve more dwelling units.
(d) No sidewalks shall be required on minor streets in districts zoned
for one-family residential use where minimum lot width requirements
as specified in the zoning ordinance are 100 feet or more.
(e) Supplementary to the above requirements, and notwithstanding any
exceptions or exclusions made therein, where sidewalks required above
fail to provide adequate access to schools, along pedestrian routes
where substantial concentration of school pedestrian traffic is
anticipated, sidewalks 48 inches in width shall be provided on both
sides of streets along the route of such concentration and within the
subdivision, provided however:
(1) No stich sidewalks shall be required to be extended more than 1/2
mile from the point of access to the school grounds by normal
pedestrian routes, except to include the full length of a block
which would otherwise have such sidewalks for only a portion of
its full length;
(2) Where the pattern of proposed and potential development is such
that safe, logical and convenient routing of school pedestrian
traffic requires a sidewalk on only one side of the street, the
director of planning rey permit the provision of only one such
sidewalk; and
(3) Where the director of planning finds that walkways othe@ than in
the form of sidewalks at the edges of streets would provide safe
logical and convenient routing of pedestrian traffic, such walk-
ways, constructed in a manner found by the director of community
services to be appropriate to their purpose, may substitute for
such sidewalks.
13
5.7 Driveway Enty-ances shall be in accord with the specifications of the
ePartment of community services, as approved by the Council of the City
of Virginia Beach,
5.8 ter Su I Every subdivision shall have a water supply system adequate
for the type of development proposed and so related to existing or poten-
tial surrounding development as to form a"logical part of a coordinated
system minimizing potential water supply oroblems for the general area.
Each lot in subdivisions shall be provided with water from the public
water system or from general water supply systems provided by the develop-
er, if public water is not available, except as modified here and below.
Privately-provided general and individual water supply systems shall be
permitted only when approved by the State Board of Health and the city
director of public health, and shall be constructed to facilitate later
connection with the public system.
Where general water supply systems are provided by the developer, they
shall be offered to the City at no cost in accordance with the terms and
provisions of the Standard Subdivision Agreemnt.
Nothing herein contained shall be deemed to prohibit installation of pri-
vate irrigation facilities not used for domestic water supply.
Fire hydrants shall be installed in the manner and at locations required
by the 'Specifications of the departrnent of comnunity services as approved
by the Council of the City of Virginia Beach.
All provided water supply systems shall be planned and constructed to
meet the specifications of the departrnent of community services, as
approved by the Council of the City of Virginia Beach, and before con-
struction is commenced plans and specifications shall be reviewed and
approved by that department. All construction shall be in accordance
with approved plans,
5.9 S . Every subdivision shall have a sanitary sewerage sys-
-f 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 sanitary sewerage problems
for the general area.
Each lot in subdivisions shall be connected with public sewerage or to a
general sewerage system provided by the developer if public sewerage is
not available, or if neither public or general sewerage is provided,
each lot shall have an individual sewerage system.
Privately-provided general and individual sewerage systems shall be per-
mitted only when approved by the State Board of Health and the city
director of public health, and shall be constructed to facilitate later
connection with the public system.
14
Where general sewerage systems are provided by the developer, they shall
be offered to the City at no cost in accordance with the terms and pro-
visions of the Standard Subdivision Agreement.
Individual sewerage systems shall be'pertnitted only when approved by the
director of public health, upon findings that the type of system proposed
will be effective in the area in which it is proposed to be used, and will
not create health hazards on the lot, on adjacent property, or in the
form of unlawful pollution of water. The director of public health may
prohibit certain types of systems in areas to which they are not adapted,
may require the use of other systems, may specify increases in lot sizes
above those generally required if necessary to make such systems effective,
and may specify the manner in which such systems are to be located or
designed to meet the needs of particular sites or areas.
All sewerage systems, other than individual, shall be planned and construc-
ted to meet the specifications of the department of community services,
as approved by the Council of the City of Virginia Beach, and before con-
struction is conimenced plans and specifications shall be reviewed and
approved by that department. All construction shall be in accordance
with approved plans.
o[VERRUIO tuinoder 'ro- nd Uti Ii tie S. Except as provided below, transmissions, distribu-
n, d cutome r service utility facilities carrying or used in connec-
tion with electric power, street lights, telephone, telegraph, cable tele-
vision, petroleum, gas or steam, shall be placed below the surface of the
ground. Exceptions are as follow:
(a) Equipment such as electric distribution transformers, switchgear,
weter pedestals, telephone pedestals, meters, service connections and
the like normally installed above groutid in accordance with accepted
utility practices for underground distribution.
(b) Temporary overhead facilities required for construction purposes.
(c) High tension transmission lines. 50,000 volts or more.
All installations shall be in accord with applicable codes and the speci-
fications of the department of community services, as approved by the
Council of the City of Virginia Beach, and shall be in accordance with
charges as approved by the State Corporation Connission.
The requirements of this provision shall not apply to subdivisions with
lot sizes of three acres or more.
PLATS AND DATA
6.1 P and Data Generally. The i)reliminary plat shall be at a
T s 100 feet, and may be of one or more
sheets as necessary. The plat shall include the following:
15
(a) Name of subdivision (not duplicating the name of an existing subdivi-
sion), names and addresses of owner(s) of record, subdivider, and
person or firm responsible for preparation of preliminary plat, date
of drawing, number of sheets, north point and scale.
(b) A boundary survey or survey of record, including map book and page
reference, locating and identifying adjacent or abutting streets
(existing or platted), subdivisions, unsubdivided parcels, easements,
water areas, and the like, and all visible monuments.
(c) Location and identification of existing features and improvements
within the tract, including streets, structures, water areas by type
(including areas in marsh or subject to frequent inundation), wooded
areas, easements, installed utilities and other important details.
Information on soil and subsoil conditions shall be provided in the
form and manner indicated in the specifications of the department of
community services. Plats of tracts abutting on or containing natural
or artificial bodies of water shall show the approximate high water
lines, bulkhead and pierhead lines if officially established, and
top of bank and toe of slope.
(d) Location and identification of proposed uses within the tract.
(e) Location, identification, and widths of proposed streets, alleys and
easements.
(f) Location of proposed water mains, sanitary sewers, and storm sewers
and catch basins, with indication of proposals for disposal of sur-
rounding drainage if other than or in addition to storm drains.
(g) Lot lines, with dimensions. Where sewerage is to be by septic tanks
or similar devices, percolation test results may be required for each
lot or selected lots at locations indicated by the director of public
health. Where groundwater levels or soil conditions may lead to dif-
ficulties with proposed septic tanks or with structures, the director
of public health or the director of conimunity services may require
test results on subsurface soil and groundwater conditions for each
lot or selected lots indicated by such officials.
(h) Location and dimensions of all parcels proposed to be dedicated or
reserved for public use or common use by occupants of the subdivision,
with conditions or restri.ctions, if any, of such dedication or reser-
vation.
(i) Private restrictions, if any, proposed to be included in deeds.
Topographic map of a suitable scale and contour interval, as deter-
mined by the director of community services, where a grading and
drainage plan is required by the specifications of the department of
community services, as approved by the Council of the City of Virginia
16
Beach. Vertical control shall be based on U. S. Coast and Geodetic
Survey Data "mean sea level" as established in 1969.
6.2 Preliminary Plats and Data--S,Decial Provisions
(a) If, during pre-applicallion conference as described in Section 3.1,
it is determined that portions of th6 requirements set forth in 6.1,
above, are unnecessary in the particular case because of the small
number of lots involved or for other reasoris, such requirerrents may
be waived in the case, provided however that any such waiver shall
be in writing with reasons therefore, signed by an appropriate offi-
cer of the City, and shall become part of the record on the applica-
tion.
(b) At the time of submission of preliminary plats and related data, or
at any time thereafter, appropriate officers of the City may request
and the applicant shall supply addit,*onal information required in
the circumstances of the particular case. Time elapsing between the
request and provisions of the information shall be added to the gen-
eral time limitation of processing.
(c) Nothing herein contained shall be construed to prohibit submittal of
preliminary plats and data in the form required for final plats and
data, for use in both preliminary and final review.
6.3 Final Plats and Data. The final subdivision plat shall be prepared by a
certifi d civil engineer or land surveyor in ink on an approved durable
tracing medium at a scale of 1"=100' unless a different scale is approved
by general rule for classes of cases or by the planning director in a
particular case. All original tracings small be presented at one of the
following standard sizes: 11" x 14"; 11" x 28"; 14" x 22"; or 22" x 28".
When more than one sheet is required, all sheets shall be numbered and of
the same size, with match marks to guide preparation if composite maps,
and an index map on a sheet of the same size as the sectional maps shall
be filed, which shall show, among other things, sectional map numbers, all
lot and block numbers, and street names. In addition, a small scale loca-
tion map showing the property shall be required. The final plat shall
show the following data, and shall be completed and processed as indicated:
(a) Subdivision name, date plat was prepared, graphic scale and north
arrow.
(b) A certificate endorsed by a certified civil engineer or land surveyor
indicating source of title of the owner of the land subdivided and
place of record of the last instrument in the chain of title. When
the plat is of land acquired from more than one source, outlines of
the several tracts shall be indicated on the plat. The certificate
shall further state that the subdivision is entirely within lands
17
own ed by the subdivider and that monuments shown on the plat have
been put in place and that their location and character are correctly
shown.
(c) Protective covenants in form for recording.
(d) Each plat or deed of dedication to which the plat is attached shall
contain a stateirient as follows: "The platting or dedication of the
following described land (here insert correct description of the
land subdivided) is with the free consent and in accordance with the
desire of the undersigned (indicate owners, proprietors and trustees,
if any) ..." This statement shall be sig@ied by such persons and
acknowledged before an officer authorized to take acknowledgement of
deeds. When thus executed and acknowledged, said plat, upon final
approval and in accord with other provisions specified herein, shall
be filed and recorded in the office of the clerk of the circuit
court of the City.
(e) On the face of the plat, a place shall be prepared to receive the
.signature, with date, of the planning director and other affected
agencies which signatures, when affixed, shall indicate approval of
the final plat. A place shall also be prepared to receive the signa-
ture and seal of the clerk of the circuit court of the City. All
required signatures shall be in a durable ink.
(f) All linear and angular dimensions for locating boundaries of the sub-
divisions, lots, streets, alleys, public and private easerwnts.
Linear dimensions shall be expressed in feet and hundredths of a foot.
Angular measurements shall be expressed by bearings. All curve data
shall be expy,essed by a curve table on the face of the plat, each
curve being tabulated and numbered to correspond with the respective
numbered curves shown throughout the plat. Dimensions, both linear
and angular, shall be determined by an accurate control survey in
the field which shall be checked for closure and must balance and
close within 1 to 10,000. Horizontal control shall be based on the
Virginia Coordinate Grid System in a coordinate table located on the
face of the plat. No plat showing plus or minus distance will be
approved. Plan and profile sheets shall be provided on all new
streets and underground utilities, as required by specifications of
the department of community services, as approved by the Council of
the City of Virginia Beach. The director of community services may
require such office and field checks as necessary to assure the accu-
racy of the plat.
(g) Description and location of all monuments.
(h) The boundary of the property being subdivided, names of all proposed
streets, and boundaries of all property within the subdivision
intended to be dedicated to public use. In resubdivisions of existing
18
recorded lots, existing lot lines shall be sho@qn by dotted lines,
resubdivisions by full lines. The map book and page number of prop-
erty being resubdivided shall be specified.
(i) Exact lengths and bearings of boundary lines of blocks, public grounds,
streets, alleys, and existing locations of all easements.
Exact widths of all easements, streets and alleys.
(k) Angles of departure of adjoining property, street and alley lines,
with names of abutting recorded subdivisions. Unsubdivided abutting
acreage property shall be designated by the names of owners with deed
book reference.
(1) Widths and names of abutting or adjoining roads, streets and alleys.
(m) A definite bearing and distance tie shall be shown between not less
than two permanent boundaries on the exterior boundary of the subdivi-
sion, and to existing street intersections where possible and reason-
ably convenient,
(n) Exact length and bearing of all lot lines, provided that where lines
in any rectangular tier of lots are parallel, it shall be sufficient
to mark the bearings of the outer lines thereof.
(o) Designating symbols for all lots and blocks. If the finished plat
consists of one section of a proposed larger subdivision, then the
block numbers shall run consecutively throughout the several sections
of the entire subdivision and each section shall be designated by
letter or number. All lots in each block shall be consecutively let-
tered or numbered.
(p) All plats of property abutting on or containing any natural or arti-
ficial bodies of water shall show the approximate high water lines,
bulkhead and pierhead lines if officially established, top of bank
and toe of slope, and where such lines are intersected by lot or
block lines, measureinents locating such intersections shall be given
along such lot or block lines.
PROCEDURAL REQUIREMENTS ON IMPROVEMENTS
7.1 Plans and SI)ecifications for General Improvements in subdivision shall be
prepared and e tified engineer: Manner of preparation and
number of copies provided shall be as appropriate to the type of improve-
ffents and the requirements for local review, approval, inspection and
recording, plus one copy for return to the subdivider or his agent, bear-
ing certification of approval by the appropriate official or officials if
approved, or if disapproved, indicating the reasons for such disapproval.
19
Improvements for which such plans and specifications are required include
all required improvements and any gas, water, sewer or electric light or
power works, pipes, wires, fixtures or systems, or any telephone or
community antenna television systems or the like, in, on or under any
streets, alleys or easements within the subdivision, and all other gen-
eral improvements to be provided by the subdivider or his agent, includ-
ing preparation of land by grading, clearing, filling or drainage.
To the extent that specifications have been established by the City or
other public agency having jurisdiction concerning a particular type of
improvement, they may be included by reference and need not be restated
in relation to a particular plan.
7.2 Installation of Improvements; Inspections. Where permits are generally
required by other regulations of the City, they shall be obtained before
installation of improvements begin. In other cases, approval of plans
and specifications by all agencies or officers required to pass thereon
by state or local law shall constitute pernlission to proceed.
During the preparation of land and the installation of general improvements,
inspections shall be made to insure conformity with the plans, specifica-
tions and standards established by the laws of the City. Except where the
nature and timing of such inspections is set forth generally by other regu-
lations of the City, required inspections shall be indicated on the
approved copy of the plans and specifications returned to the subdivider
or his igent.
Appropriate agencies of the City may make inspections at any time during
the progress of the work, but if a required inspection has not been made
by the time the work reaches the stage where such inspection is called for,
the subdivider or his agent shall notify the agency involved not less than
two working days in advance of the time such inspection is requested,
unless the agency involved has previously agreed to a shorter period for
notification. The agency responsible for making the inspection shall not
be required to do so with less than the required notice. These provisions
shall not be construed to require inspection of construction or installa-
tion of their own facilities, by public service corporations that have
received franchises from the City of Virginia Beach.
7.3 Performance Bond in Lieu of Installation. Where installations as required
herein have not been made, in whole or in part, the City may accept for
dedication for public use anyright-of-way located within the subdivision
which has constructed therein, or proposed to be constructed therein accord-
ing to plans and specifications filed and approved, any street, curb,
gutter, sidewalk, drainage or sewerage system or other improvement, financed
or to be financed other than by City funds, only if the owner or developer
furnishes to the City a certified check in the amount of the estimated
costs of construction (with estimate of costs agreed to by the department
of community services) or a bond with @ubdivision agreement
20
attached, with surety satisfactory to the City Attorney, in an amount
sufficient for and conditioned upon the construction of such facilities,
or a contractor's bond, with like surety in like amount and so condi-
tioned.
7.4 As-Built Construction Drawings for all iniorovements shall be provided on
an approved durable tracing medium prior to posting of defect bond, or at
the time of posting of such bond.
7.5 Defect Borid. With regard to any improvement to be accepted for dedication,
maintenance or operation by the City, the owner or developer shall at the
time of City acceptance of responsibility provide a certified check in the
amount of 10% of the total construction costs of the improvement, or a
bond, with surety satisfactory to the City Attorney, in an amount suffic-
ient for coverage costs of remedy of defects appearing in such improve-
ments within two years.
7.6 Release of Bonds. Performance bonds or other sureties established in accor-
dance with the provisions of Section 7.3 shall be released when the director
of community services or other affected official certifies that the require-
mnts set forth therein have been met. On application by the owner or
developer, portions of such bonds or other sureties may be released in pro-
portion to the cost of the requirements certified by the director of
community services or the affected official as having been met.
Defect bonds or other sureties established in accordance with the provisions
of Section 7.5 shall be released at the end of two years from the date of
City acceptance of responsibility. Such release shall be in full if no
defects have been found to exist, or if defects found to exist have been
corrected by the owner or developer. If defects found to exist have been
corrected by action of the City, the costs of such action shall be deducted
from the defect bond. If defects found to exist within the two-year period
have not been corrected after proper notice by the end of such period, the
director of community services shall make an estimate of cost of correction
and such cost shall be deducted from the defect bond, and any balance
remaining as a result of lesser actual than estimated cost shall be paid
to the owner or developer.
7.7 Public Accel)tance of Improvemen ts or r?po:ed ledications. The installation
d_
@f improvements or the offer of de C:t o" in subdivisions created here-
after under the terms of this ordinance shall, in no case bind the City
to accept such improvements or offers to dedicate. Upon certification of
completion of required improvements as set forth in 7.6, the director of
community services is authorized to accept z)n behalf of the City such dedi-
cations and or improvements as the City may then be prepared to accept
and maintain. No City permit shall be issued and no City services extended,
to any lot within such subdivision until the requirements of this or other
ordinances or la@qful regulations of the City have been met in full.
21
FEES
8.1 Plat Fees. At the time preliminary plats are presented, a fee of $10.00
per plat shall be paid. In addition, a fee of $25.00 per lot, exclusive
of original parcel, shall be paid for the examination and approval of
final subdivision plats. Such fees shall be payable to the treasurer of
the City.
8.2 Pemit and Inspection Fees. At the time of installation of improvements,
permit and inspection fees shall be as generally provided for permits and
inspections specified in other ordinances of the City. For permits and
inspections not elsewhere specified, or for reinspection made necessary by
failure to pass earlier inspections, fees shall be based on costs as deter-
mined by the agency involved plus 10% for administrative expenses. Where
actual costs cannot be determined in advance of inspections, they shall be
billed with 10% added within one month after such inspections, and shall be
payable within 30 days from billing. Failure to pay within the period
stipulated may be penalized by a stop-work order or such other action as
seems warranted in the circumstances of the case.
APPEALS
9.1 Appeals from Decisions of Administrative Officers. Where it is alleged there
is an error in any order, requirement, decisiofo-r determination made by an
administrative officer in the administration or enforcement of this ordi-
nance, the owner or subdivider or agent therefor may appeal to the circuit
court of the City as prescribed by law. In the case of desgin standards
and general procedural matters, the appeal shall be to the Planning
commission.
9.2 Modification of Standards. Upon appeal, the planning commission may modi-
Ty design standards or other requirements of these regulations in order to
prbserve note@qorthy features or otherwise enhance the amenity of neighbor-
hoods, but such modification shall be made only upon findings tha@ public
purposes of these or other applicable regulations would be met to at least
an equivalent degree by such modification. Where such modification is
granted, the planning commission may attach such conditions and safeguards
as are deemed necessary to protect general public interest or the charac-
ter of the neighborhood, and may require a guarantee or bond to assure
compliance.
9.3 Variances. The planning commission may authorize upon appeal in specific
Fases such variances from the strict application of the terms of this
ordinance as will not be contrary to the public interest when, owing to
special conditions, a literal enforcement will result in unnecessary hard-
ships, provided that the spirit of this ordinance shall be observed and
substantial justice done.
No variance shall be authorized by the Commission unless it finds that:
(a) Strict application of the ordinance would produce undue hardship.
22
(b) The authorization of the variance will not be of substantial detri-
ment to adjacent property, and the character of the neighborhood
will not be adversely affected.
(c) The problem involved is not of so general or recurring a nature as
to make reasonably practicable the formulation of general regula-
tions to be adopted as an amendment to the ordinance.
(d) The hardship is created by the physical character of the property,
including dimensions and topography, or by other extraordinary
situation or condition of such property, or by the use or develop-
ment of property immediately adjacent thereto. Personal or self-
inflicted hardship shall not be considered as grounds for the
issuance of a variance.
Where a variance is granted, the planning conimission may attach such
conditions and safeguards as are deemed necessary to protect general
public interest or the character of the neighborhood, and may require
a guarantee or bond to assure compliance.
9.4 Appeals from Decisions of Planning Commission_. Appeals from decisions of
planning commission on matters covered in sections 9.1, 9.2, 9.3, shall be
to city council within 30 days from date of decision.
PENALTIES
10.1 Penalties.
Any violation of the provisions of this ordinance shall be punishable by a
fine of not more than $100.00 for each lot or parcel of land subdivided,
transferred or sold without compliance with the terms hereof; and the
description of such lot or parcel by metes and bounds in the instrument of
transfer or other document used in the process of selling or transferring
shall not exempt the transaction from such penalties or from other lawful
remedies.
SEPARABILITY
11.1 Separability. Should any section or provision of this ordinance be declared
by the courts to be unconstitutional or invalid, such decision shall not
affect the validity of the ordinance as a whole, other than the part S-,
declared to be unconstitutional or invalid.
EFFECTIVE DATE
12.1 Effective Date-. This ordinance shall become effective as of the date of
its passage and certified copies filed in the office of the director of
planning, clerk of council , and the clerk of the circuit court. Adopted by
the City CounciZ of Virginia Beach, Virginia, June 22, 1970.
23
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ITFM #2371
on motion by Mr. Marshalt, seconded by Yr. Bonney, and by recorded vote as fozzc@,@:
Ayes: Mayor Frank A. Dusch, Vice tlayor Robert B. CromweZZ, Jr., AZbert L. Bon?le@i, S2@.
George R. FerreZZ, D. Murray MaZbon, Lawrence E. @iarshaZZ, Tohn W. AloCombs, J. Curl-i&'
Payne, G. Dewey Simons, Jr., Earl- 11. TebauZt, and Kenneth N. Whitehurst-
IVays: None
Absent: None
City CounciZ approved the transfer of $45,313 from the Reserve for Contingencies in
the General Fund to the foZZowing bureaus in the indicated amounts:
independent Auditing $ 860
Circuit Court (jurors & Witnessesi 5,500
Lunacy Conmission 400
Civil Defense (Repairs to Radio Equipment) 4,553
General Services (Ezectric Current) 20,000
Refuse Disposal (Repairs to Equipffient) 5,000
Liability Insurance 9,000
TotaZ $45@313
ITEII #2372
on motion by Mr. Whitehurst, seconded by Mr. McCombs, and by recorded vote as foZZo,@,s:
Ayes: Mayor Frank A. Dusch, Vice Mayor Robert B. Cromb)eZZ, Jr., Albert L. Bonney, Sr.,
George R. Ferrell, D. Murray Malbon, Lawrence E. M-arshatZ, John W. McCombs, J. Curt,"s
Payne, G. Dewey Sinnons, Jr., Earl H. TebauZt, and Kenneth N. P/hitehurst.
Nays: None
Absent: None
City CounciZ approved an additionaz appropriation from surplus funds of $71,600 to
cover expenditures as folzows:
Erosion Connission $67,850
Satt Water Conmission (Repairs to Equipment) 3,750
TotaZ $71 00
.TI'EM #2373
On motion by Mr. McCombs, seconded by Mr. TebauZt, and by recorded vote as foZZows:
Ayes: Mayor Frank A. Dusch, Vice Mayor Robert B. CromweZZ, Jr., AZbert L. Bon?ze,@, Sr.-,
George R. FerreZZ, D. Murray 14aZbon, Lawrence E. MarshaZZ, John W. McCombs, J. Curti.-@
Payne, G. Dewey Sinmons, Jr., FarZ H. Tebault, and Kenneth N. Whitehurst.
Nays: None
Absent: None
City CounciZ approved an appropriation of $16,650 as the city's prorata share fo-
increas@ for ReaZth Department empzoyees.
.TTEM #2374
on motion by ?,Ir. FerreZZ, seconded by Ilr- Bonney, and by unanimous vote, City Council@
approved a transfer of $508,000.00 within the School Board Budaet.
@?5
On motion by I,,'r- 1@c(,'ombs, seconded by 1,@r. Marshall,, and by unanimous vote,, .Ci tY
approved the foZ,@le;wing @esoL@ttion.
Tlie re,:;Lil.,Ir iliectir,@-, o@ t'lle Coi-inci-3, of7 tile Ci tv of Vi rginil
-IC -i -im
, - ]_ Cl4 jr C, C) Ll -,l CC ii, bers of
Beich, VirEini-,i, ' -I i, the Ad Tlli-@i 4 S-
li@ Ci C) - 1-14- -1
tratio7i Bu-'-Idiiig OT-: t - t" V a -e,,icli on
On riot,'-cn by @Ti:. McCombs qnj 3ecc)n(led I)v lir. marshaZZ
the iii,,animriti@-,Iv a'-@opted.
R 0 T, U -L T 0 N
WIIEP3-AS, t--Ii(@ ileco@3si-t-,7 r-oi- t-he cori@tr,,lcti,on aii,@ opcration of
sanitarN, se@qer syotc@-i- i,i tt-ie, Beicli has becoine a
matter of paramouiit: 4@Tnf)ort,,illc(, to tli2 healtli Incl wc-Ifare of tlie
thi-oU,@li the Del)arti@ielit
of tlie Interior, ,,irid tl)c@ of Vi,-g*lnii., t!irough t@
State lqater Coiiti-ol. ce3-tiin fe,@eral. iri,'
state issistince tc, as@,-*,-st- n tl)e co-@)st:rijctioii c)',- Fanitarv
se@,,er svstems iii V.,) !),:Ct@ct f:lit, pil@.1l.ic lieil.til anc, el-iminate
polliltion Ei-ot.1 thE2 ;)I!!), *c t i, r
NOW, T
TT @Y COLTi@CTT@, OF TIIE CITY
01,' Vlr(,TNTA BE.%C",:
Tha-, -Uhe Gi t@y i.., ',ic--reon -Ii rec'L-c,@ to ai-ithor-,* ---. the
Coordin,ator of A',.,I-rc, aci-- this citv, to
g 47
su'omi.t rinal -n- Pssis-,,,ce f n i-no
eli-gible itenil- 'ii%, thc. Stite ',',)ter Control
Bo,qrd, after revi-cN,7 c@ t--',,,e i)r@li-.Tniiiii-y apf)liczit--*,,O,@is, as being
acceptable fer stic,-t totili--,i@ aL)nro-.,,in@atel-v
Adoptcd by tlic. Cotijicil orithe Ci.tv of Virg-i-@@i-a Beacfl, Virginil@-
on the 22 nd dav ol- June
ITFkf #2376
On motion bd Mr. .1,@larshatZ, seconded by l@!r. CromieZZ, and by recorded vote (,,L- f()ZZOWS:
Ayes: Mayor Frank A. Dusch, Vice I,!ayor Robert B. CromweZZ, Jr., Al@bort L. Bonney, Sr.,
George R. PerreZZ, D. Murray l@azbon, Lawrence E. l@shaZZ, John W. I,,'CCOM,@, ". Curtis
Payne, G. Dewey Simons, Jr., EarZ H. TebauZt, and Kenneth N. Whitehurst.
Nays: None
Absent: None
City CounciZ approved the request of Mr. Etheridge, City Treasurer, for exo7,,eration
of uncoZIectible checks in the amount of @847.80.
ITEI,f #2377
On motion by Mr. CronveZZ, seconded by Mr. Tebault, and by recorded vote as foZZOWS:
Ayes: Mayor Frank A. Dusch, Vice Mayor Robert B. CromweZZ, Jr., Azbprt L. ,3onney, Sr.,
George R. FerreZZ, D. Murray Malbon, Lawrence E. marshaZZ, John W. l@IcCombs, J. Curtis
Payne, G. Dewey Sinnons, Jr., Earl H. Tebault, and Kenneth N. @/hitehurst.
Nays: None
Absent: None
City CounciZ approved an appropriation of $11,000 for a traffic Zight at T@?dependence
Boutevard and PZeasure Tlouse Foad.
ITEM #2378
On rwtion byvr. FerreZZ, seconded by Mr. Bonney, and by unanimous vote, City Counciz
appointed Mr. Clyde Merritt City Tax Assessor.
ITEM #2379
On motion by Mr. FerreZZ, seconded by Mr. McCombs, and by recorded vote as J-ozzows:
Ayes: Mayor Frank A. Dusch, Vice Mayor Robert B. C@mwetZ, Jr., AZbert L. Bonney, Sr.,
George R. FerreZZ, D. 1/2rray Malbon, Lawrence E. ?JarshaZZ, John W. !4cCombs, J. Curtis
Payne, G. Dewey Sirrmons, Jr., EarZ H. TebauZt, and Kenneth N. Wzitehurst.
Nays: None
Absent: None
City @o@ncil elected to have czosed meetings b@ep-n this meeting, June 22, and the
next reguzar CounciZ Meeting, JuZy 13, to discuss personnez matters, as permitted by
The Code of Virginia.
Mayor Frank A. Dusch read a letter from the Bureau of Census giving the preziminary
population count for 1970 for the Cit@ of Virginia Beach as 166,066.
On motion by Mr. Marshall, seconded by Mr. McCombs, the meeting adjourned.
Richard J. ltcts@bon, City CZerk
City of Virginia Beach,
Virginia
June 22, 1970