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HomeMy WebLinkAboutSP201600007 Code of Development Special Use Permit 2016-11-02 •, ALBEMARLE COUNTY CODE Prior to the issuance of a building permit for a new structure on a lot of record Tier 1 less than twenty-one acres in size existing prior to the effective date of this article that will be served by one or more individual wells Prior to the issuance of a building permit for a new structure: (1) on a lot of record created after February 8, 2005 that is subject to a Tier 2 or Tier 3 assessment that will be served by one or more individual wells;or(2)associated Tier 1 with a use that is subject to a Tier 3 or Tier 4 assessment that will be served by one or more individual wells Prior to approval of a preliminary subdivision plat creating lots of less than Tier 2 twenty-one acres that will be served by individual wells Prior to approval of a preliminary subdivision plat creating four or more lots Tier 3 where at least three lots are five acres or less Prior to approval of an initial site plan for a new nonresidential or Tier 3 nonagricultural use using less than 2,000 gallons/day(average) Prior to approval of an initial site plan for a new nonresidential or Tier 4 nonagricultural use using more than 2,000 gallons/day(average) Prior to approval of any central water supply under chapter 16 of the Albemarle Tier 4 County Code The administrator may require that development approvals subject to Tier 2 or Tier 3 assessments be subject to Tier 3 or Tier 4 assessments,respectively,as provided in sections 17-1002 and 17-1003. If an owner submits a final subdivision plat or site plan without first submitting and obtaining approval of a preliminary subdivision plat or an initial site plan, the assessment required by section 17-1002 shall begin upon submittal of the final subdivision plat or site plan,and the assessment required by sections 17-1003 or 17-1004 shall be submitted by the owner with the final subdivision plat or site plan. (§ 17-400,Ord.04-17(1), 12-8-04,effective 2-8-05; § 17-1000,Ord. 14-17(1),5-7-14,effective 7-1-14) Sec. 17-1001 Tier 1 assessments. A Tier 1 assessment shall consist of the owner drilling a well on the lot and submitting the following information to the program authority: (i) a Virginia well drilling completion report (form GW-2) for each well drilled; and (ii) the latitude and longitude coordinates of each well's location. The information submitted must be accepted as complete and accurate by the administrator prior to issuance of the building permit. (§ 17-401,Ord.04-17(1), 12-8-04,effective 2-8-05; § 17-1001,Ord. 14-17(1),5-7-14,effective 7-1-14) Sec. 17-1002 Tier 2 assessments. A Tier 2 assessment shall consist of the program authority reviewing and evaluating the county's well database,available hydrogeologic studies,and information from the Virginia Department of Health and the Virginia Department of Environmental Quality,as provided in the Design Standards Manual.Based on this evaluation, the administrator may require that the owner provide additional groundwater assessment data prior to subdivision plat or site plan approval,or may require that a Tier 3 assessment be submitted. (§ 17-402,Ord.04-17(1), 12-8-04,effective 2-8-05;Ord.07-17(1),2-14-07; § 17-1002,Ord. 14-17(1),5-7- 14,effective 7-1-14) Sec.17-1003 Tier 3 assessments. A Tier 3 assessment shall consist of the following: 17-75 Supp.#31,7-14 *004 ALBEMARLE COUNTY CODE A. Draft groundwater management plan. The owner shall submit a draft groundwater management plan with the preliminary plat or the initial site plan. The groundwater management plan shall comply with the requirements for such plans in the Design Standards Manual. If the groundwater management plan identifies special areas of concern, such as an off-site resource of high groundwater sensitivity or a previously unknown source of contamination, then the administrator may require additional groundwater assessment data prior to preliminary subdivision plat or site plan approval. B. Final groundwater management plan. The owner shall submit a final groundwater management plan that must be approved by the administrator prior to approval of the final plat or site plan. C. Surety.Any structural best management practices shall be bonded as a subdivision plat or site plan improvement. The administrator may require that a Tier 4 assessment be submitted instead of a Tier 3 assessment if the special areas of concern identified in subsection(A) have not been adequately addressed by the additional groundwater assessment data. 017-403,Ord.04-17(1), 12-8-04,effective 2-8-05;Ord. 07-17(1),2-14-07; § 17-1003,Ord. 14-17(1), 5-7- 14,effective 7-1-14) Sec. 17-1004 Tier 4 assessments. A Tier 4 assessment shall consist of the following: A. Draft groundwater management plan; aquifer testing workplan. The owner shall submit a draft groundwater management plan and an aquifer testing workplan complying with the requirements for these plans in the Design Standards Manual, with the preliminary plat, initial site plan, or the application for a central water supply.The groundwater management plan must demonstrate to the administrator's satisfaction that the site's groundwater conditions have been considered with the subdivision or site plan's layout and design.The aquifer testing workplan must be approved by the program authority before the owner may conduct aquifer testing as required by subsection(B). B. Aquifer testing workplan. After the program authority approves the aquifer testing workplan, the owner shall conduct aquifer testing as provided in the workplan. C. Final groundwater management plan;groundwater assessment report. The owner shall submit a final groundwater management plan and a groundwater assessment report complying with the requirements for the report in the Design Standards Manual, based upon the results of the aquifer testing. The final groundwater management plan and the groundwater assessment report must be approved by the administrator prior to final subdivision plat or site plan approval. D. Surety.Any structural best management practices shall be bonded as a subdivision plat or site plan improvement. (§17-404,Ord. 04-17(1), 12-8-04,effective 2-8-05; Ord. 07-17(1),2-14-07; § 17-1004,Ord. 14-17(1), 5-7- 14,effective 7-1-14) Sec. 17-1005 Fees. Each owner seeking approval of a tier assessment required by this article shall pay a fee as provided by Albemarle County Code§ 18-35.1 and Albemarle County Code§ 14-203,as applicable. (§17-405,Ord.04-17(1), 12-8-04,effective 2-8-05; § 17-1005,Ord. 14-17(1),5-7-14,effective 7-1-14) State law reference—Va.Code§§15.2-2241(9),36-98. 17-76 Supp.#31,7-14