§ 5-3. Town house lot development provisions.

(1)

Town house: For the purpose of this section, the term "town house" shall be defined as a one-family dwelling in a row or combination of no less than three (3) such units and no more than ten (10) units, with each unit having separate outside access, each unit separated from any other by one (1) or more common fire retardant walls, and each unit located on a separate lot.

(2)

Lot and yard requirements:

(a)

The minimum lot area for each dwelling unit in a town house development shall be two thousand two hundred fifty (2,250) square feet.

(b)

The minimum lot width for each dwelling unit in a town house development shall be twenty (20) feet for interior and thirty (30) feet for end lots measured at the building location.

(c)

The following shall constitute the yard requirements:

(i)

Minimum front yard setback shall be thirty-five (35) feet for each dwelling unit.

(ii)

For building groups of attached dwellings, the minimum side yard setback shall be no less than fifteen (15) feet for the lots at each end of each building group.

(iii)

Minimum rear yard setback shall be thirty-five (35) feet for each dwelling unit.

(iv)

The maximum number of attached dwelling that may be constructed in any one group is ten (10).

(v)

Where a town house development abuts a single family (SF-1) district, bayside conservation (C-2) district, rural countryside (RC-1) district, rural conservation (RC-2) district, or suburban countryside (SC-1) district, the setback shall be no less than thirty (30) feet from said abutting district.

(d)

The maximum lot coverage of all buildings, including accessory buildings, shall average not more than forty (40) percent for all lots combined except where central sewage treatment and central water supply is available in which case the maximum lot coverage of all buildings, including accessory buildings, shall average not more than thirty-five (35) percent for all lots combined.

(e)

Height regulation: No portion of any building or other structure located within a town house development shall exceed (40) feet in height.

(f)

Density: The maximum density for any town house development shall be as follows:

(i)

With central sewage treatment and water supply: Eight (8) dwelling units per acre.

(ii)

With central sewage treatment or water supply: Six (6) dwelling units per acre.

(iii)

With on-site sewage treatment and water supply: Four (4) dwelling units per acre.

(g)

Parking: A minimum of two and one-half (2.5) parking spaces per dwelling unit shall be required.

(3)

Special provisions applicable to town houses: Town house developments shall be subject to the following additional standards:

(a)

The minimum setback of any building from a public street right-of-way abutting the outer boundaries of the town house development project site shall be thirty-five (35) feet. The minimum building setback from any interior streets, whether public or private, shall be twenty (20) feet.

(b)

All dwelling units shall be served by public water and public sewer. However, such town house developments may occur when the developer proposes to provide for private water and sewer facilities on site which shall be sufficient to serve the project, provided:

(i)

That said private water and sewer systems are designed, constructed and shall function so as to meet all federal, state, and county requirements as to assure the health, safety, and welfare of the development and the county; and

(ii)

That such private water and sewer systems shall be owned and perpetually maintained and operated by the property owners' association.

(4)

Relation to surrounding properties: The development shall be designed to promote harmonious relationships with surrounding properties through attention to the type, orientation, and spacing/setback of buildings, preservation and maintenance of natural vegetation, location of recreation area, open space, parking area, grading, landscaping, and screening/buffering.

(5)

Density: The density of the town house development shall be in accordance with paragraph (2)(f) of this ordinance and shall be calculated using net developable acreage. For the purposes of this calculation, net developable acreage shall be determined by excluding:

(a)

The area within existing or proposed street or highway rights-of-way or areas required to eliminate substandard rights-of-way;

(b)

Areas which are less than four (4) feet above mean sea level as determined by the U.S. Geological Survey datum;

(c)

The area of ponds, lakes or other impounded water bodies and associated marshlands;

(d)

The area within major utility easements or rights-of-way which for the purposes of this section shall be defined as power line or similar easements in excess of fifty (50) feet in width and drainage easements in excess of twenty (20) feet in width; and

(e)

Areas with slopes in excess of twenty (20) percent.

(6)

Variety in facades: There shall be no less than three (3) and no more than ten (10) units in any one group of attached dwelling units. No more than two (2) abutting attached units shall have uniform roof lines or the same setbacks. Variations in the setback of building faces shall be at least two (2) feet.

(7)

Setback buffer: The proposed town house development shall be surrounded by a peripheral setback buffer area of at least twenty-five (25) feet in width. Where feasible, existing mature and healthy trees located throughout the setback buffer area shall be preserved and protected during and after the development process. Where existing trees must be removed, or few or no trees previously existed throughout the setback buffer area, the developer shall plant trees in sufficient numbers and size to achieve a landscaping ratio of at least one (1) tree, either existing or newly planted, for each two hundred (200) square feet of setback buffer area.

(8)

Rear yard/patio area: Each town house unit shall have direct access to a private rear yard/patio area which shall be enclosed or screened visually by fences, walls or plantings. Accessory storage sheds, fences, walls or other structures, designed and constructed at the time of development as an architecturally compatible addition to the town house unit, may occupy up to sixty (60) square feet of the required rear yard area. Such sheds shall not exceed six (6) feet in width nor ten (10) feet in depth and shall be located along one of the side lot lines in order to serve as a privacy screen and to maximize the usefulness of the remaining rear yard/patio area. Other provisions of this chapter notwithstanding, required rear yard setback dimensions shall be measured to the rear of the town house unit rather than the rear of any attached accessory structure.

(9)

Property owners' association: Areas not included within individual lots nor within publicly dedicated streets shall be conveyed to an incorporated nonprofit property owners' association created under recorded land agreements through which each lot is automatically a member and through which each lot is automatically subject to a charge for a proportionate share of common property maintenance. Covenants shall be recorded which specify the ownership of open space; method of maintenance; responsibility for maintenance which shall include but not be limited to private water and sewer systems and recreation facilities; compulsory membership and compulsory assessment provisions; and such other provisions as shall be deemed necessary by the agent and county attorney in order to assure continuous care and maintenance of such area.

Such covenants shall run with the land and shall become part of the deed to each lot or parcel within the development. Such covenants/charter and the constitution of the property owners' association shall be approved in form by the county attorney and recorded simultaneously with the final subdivision plat.

(10)

Underground utilities: All utility lines, including electrical, telephone, and cable television service shall be placed below ground.

(11)

Streets: Each town house unit lot shall abut a private drive, group parking area or common open space area. All applicable setback and yard requirements shall be maintained between all units and any public street right-of-way, private drive, group parking area or common open space area. Town house lots shall not be arranged or designed to have direct vehicular access to a street proposed for or capable of future acceptance into the state system unless all applicable design requirements of the Virginia Department of Highways and Transportation are adhered to. Such streets shall be constructed with curb and gutter designed in accordance with Virginia Department of Highways and Transportation specification or alternate and comparable design/specifications approved by the agent.

(12)

Off-street parking: Off-street parking spaces shall be provided at a ratio of two and one-half (2.5) spaces per town house unit.

Required off-street parking spaces shall be designed and located so as to promote safe and convenient vehicular and pedestrian circulation. Individual parking spaces shall not be located in such a manner as to allow vehicles to enter-exit such spaces directly from a public street.

Parking spaces located on individual town house lots and not in group arrangements shall be a minimum of nine (9) feet by eighteen (18) feet in dimension.

All off-street parking spaces and areas within a town house project, whether in a group arrangement or on individual lots, shall be constructed of concrete, asphalt, or other permanent, dustless surface such as cobblestone, brick, pavers, or similar material.

Maintenance of all off-street parking areas, both group arrangements and spaces located on individual lots, shall be the responsibility of the property owners' association.

(13)

Storm sewers: Storm water runoff from streets and parking areas within the town house project shall be conveyed by a storm sewer which shall consist of curbs and gutters at the edges of pavement, curb drop inlets, and storm sewer piping in accordance with Virginia Department of Highways and Transportation specifications.

(14)

Outdoor lighting: Outdoor lighting shall be provided at appropriate locations in order to adequately illuminate common parking areas and pedestrian and vehicular circulation routes. Such lighting fixtures and illumination levels shall be designed and arranged to be compatible with both natural and architectural characteristics and maintenance of same shall be the responsibility of the property owners association.

(15)

Recreational vehicles: Recreational vehicles, including but not limited to boats and camper trailers, shall not be permitted to park in spaces dedicated to each of the units within the town house project. In conjunction, the property owners' association may provide, at its expense, a common storage area to accommodate such boats and recreational vehicles provided that such area is reasonably scaled to the size and type of development and should be appropriately surfaced to provide all-weather access as well as be screened by landscaping or decorative fencing.

(16)

Refuse disposal: Refuse disposal sites, properly screened, shall be provided within the development sufficient so as to serve all property owners. Disposal and maintenance of such refuse and sites shall be the responsibility of the property owners' association.

(17)

Emergency access: Design and construction of the development shall take into consideration access by fire and other emergency service vehicles.

(18)

Fire hydrants: For projects with central water supply, whether public or private, fire hydrants shall be installed within the project at locations such that no structure or portion thereof within the project shall be further than three hundred (300) feet from a hydrant.

(Ord. of 12-13-2016)

(Ord. of 12-13-2016)