§ 54-198. Sidewalks, planting strips and street trees.

Sidewalks and planting strips shall be provided as follows:

A)

Requirement. In residential or mixed-use major subdivisions proposing lots in which the average lot size is one acre or less and located wholly or partially within, a growth area as designated by the Comprehensive Plan, sidewalks and planting strips for road trees and other vegetation shall be required on at least one side of each new road.

B)

Sidewalk design. Each sidewalk proposed to be accepted for maintenance by the Virginia Department of Transportation shall be designed and constructed according to Virginia Department of Transportation standards. Each sidewalk proposed to be privately maintained shall be constructed using concrete, designed so that no concentrated water flow runs over them, and otherwise satisfy VDOT standards. The agent may allow privately maintained sidewalks to be a ten-foot multi-use asphalt path in unique circumstances such as a path leading to a school or major employment center. The asphalt path generally shall run parallel to the road and shall be constructed to a standard deemed adequate by the agent, so as to adequately protect the public health, safety or welfare.

C)

Sidewalk ownership. Each sidewalk proposed to be accepted for maintenance by the Virginia Department of Transportation shall be dedicated to public use. Each sidewalk proposed to be privately maintained shall be conveyed to a homeowners association for ownership and maintenance. The agent may require that a sidewalk proposed by the subdivider to be privately maintained instead be dedicated to public use if the agent determines there is a need for the sidewalks to be publicly owned and maintained.

D)

Planting strip design. Each planting strip shall be a minimum of six feet in width. When a curb is present, the planting strip shall be located between the curb and the sidewalk. When no curb is present, the planting strip shall be located between the paved travelway and the sidewalk.

E)

Street trees. The planting of street trees shall be required for major residential subdivisions. Street trees shall:

(1)

Be spaced at intervals no greater than 50-foot along both sides of each internal street. Existing healthy and mature street trees may be counted toward the street tree planting requirements.

(2)

Be planted in the "planting strip" mentioned above.

(3)

Be deciduous shade tree species no smaller than two and one-half inches in diameter at chest height at the time of planting and shall be maintained by the developer for no less than 18 months after planting. Any trees that die during this time period shall be replaced at the developer's expense.

(4)

Be selected species that:

(a)

Cast moderate to dense shade in the summer;

(b)

Have a typical lifespan of more than 60 years;

(c)

Mature to a height of at least 50 feet;

(d)

Require little maintenance by being mechanically strong (not brittle) and insect and disease resistant; and

(e)

Are of native origin, provided they meet the above criteria.

(Res. No. 10-01, § c, 6-14-2011, eff. 8-1-2011)

(Res. No. 10-01, § c, 6-14-2011, eff. 8-1-2011)