HomeMy WebLinkAboutSUB201800217 Other 2018-12-14 (2)ALBEMARLE COUNTY CODE
(§ 20-4.1, 12-10-80; 6-3-81; § 18-4.1, Ord. 98-A(1), 8-5-98; § 20-4.1.6, 12-10-80, 11-15-89; § 18-4.1.6,
Ord. 98-A(1), 8-5-98; § 18-20.4.1, Ord. 12-18(4), 7-11-12)
4.1.1- 4.1.7 (Repealed 7-11-12)
4.2 CRITICAL SLOPES
The provisions in this section through section 4.2.5 implement the comprehensive plan by protecting and
conserving steep hillsides together with public drinking water supplies and flood plain areas because of the
increased potential for soil erosion, sedimentation, water pollution and sewage disposal problems
associated with the disturbance of critical slopes. The disturbance of critical slopes may result in: rapid
and/or large-scale movement of soil and rock; excessive stormwater run-off; siltation of natural and man-
made bodies of water; loss of aesthetic resource; and in the event of onsite sewage system failure, a greater
travel distance of septic effluent, all of which constitute potential dangers to the public health, safety and/or
welfare. The regulations in sections 4.2.1, 4.2.2, 4.2.3 and 4.2.4 are intended to direct building and onsite
sewage system locations to terrain more suitable to development and to discourage development on critical
slopes, and to supplement other regulations regarding the protection of public water supplies and
encroachment of development into flood plains.
Each request to waive or modify any requirement of sections 4.2.1, 4.2.2, 4.2.3 or 4.2.4 under section 4.2.5
shall be by special exception under section 31.8.
(§ 20-4.2, 12-10-80; 11-15-89; § 18-4.2, Ord. 98-A(1), 8-5-98; Ord. 12-18(4), 7-11-12)
4.2.1 BUILDING SITE REQUIRED
No lot other than a special lot shall have less than one (1) building site, subject to the following:
a. Composition of building site. A building site shall be composed of a contiguous area of land and
may not contain any area of land that is: (i) in critical or preserved slopes; (ii) within the flood
hazard overlay district; (iii) under water during normal hydrological conditions; (iv) within two
hundred (200) horizontal feet of the one hundred year flood plain of any public water supply
reservoir; and (v) within a stream buffer under chapter 17 of the Code, provided that nothing
contained herein shall be deemed to prohibit or impair the program authority from exercising its
discretion as authorized in chapter 17.
b. Special exception. Notwithstanding section 4.2.5, any requirement of section 4.2.1(a) may be
waived or modified by special exception under section 33.5 upon the board of supervisors'
consideration of whether (i) the parcel has an unusual size, topography, shape, location or other
unusual physical condition; or (ii) development in a stream buffer on the parcel was authorized as
provided in section 17-321 of the Code.
(§20-4.2.1, 12-10-80; 11-11-87; 9-9-92; § 18-4.2.1, Ord. 98-A(1), 8-5-98; Ord. 11-18(6), 6-1-11; Ord. 12-
18(4), 7-11-12; Ord. 14-18(2), 3-5-14)
State law reference - Va. Code §§ 15.2-2280, 15.2-2286(A)(3)
4.2.2 BUILDING SITE AREA AND DIMENSIONS
Each building site shall be subject to the following minimum area and dimension requirements:
a. Uses not served by a public or central sewage system. Building sites for uses not served by a
public or central sewage system shall be subject to the following:
1. Dwelling units. Each building site for a dwelling unit shall have an area of thirty thousand
(30,000) square feet or greater and shall be of such dimensions that no one dimension exceeds
any other by a ratio of more than five (5) to one (1) as described by a rectangle inscribed
within the building site. The building site shall have adequate area for locating two (2)
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subsurface drainfields approved by the Virginia Department of Health if the lot will be served
by a conventional onsite sewage system.
2. Development subject to section 32 of this chapter. Each building site in a development
subject to section 32 of this chapter shall have an area of thirty thousand (30,000) square
feet or greater and shall be of such dimensions that no one dimension exceeds any other
by a ratio of more than five (5) to one (1) as described by a rectangle inscribed within the
building site. The building site shall have adequate area for all buildings and structures,
two (2) subsurface drainfields approved by the Virginia Department of Health if the lot
will be served by a conventional onsite sewage system, parking and loading areas,
storage yards and other improvements, and all earth disturbing activity related to the
improvements.
Special exception. Notwithstanding section 4.2.5, the rectangular shape required by
subsections (1) and (2) may be waived or modified by special exception under section
31.8 upon the board of supervisors' consideration of the recommendation from the
Virginia Department of Health and information provided by the developer showing that:
(i) the parcel has an unusual size, topography, shape, location or other unusual physical
condition; (ii) no reasonable alternative building site exists; and (iii) modifying or
waiving the rectangular shape would result in less degradation of the parcel or adjacent
parcels than if those dimensions were adhered to.
b. Uses served by a central sewage system. Building sites for uses served by a central sewage
system shall be demonstrated by the applicant to have adequate area, as follows:
1. Residential development. Each building site in a residential development shall have
adequate area for all dwelling unit(s) together with an area equivalent to the sum of the
applicable required yard areas for the applicable zoning district and, if parking is
provided in bays, the parking area.
2. Development subject to section 32 of this chapter. Each building site in a development
subject to section 32 of this chapter shall have adequate area for all structures, parking
and loading areas, storage yards and other improvements, and all earth disturbing activity
related to the improvements.
(§ 20-4.2.2, 12-10-80; §§ 20-4.2.2, 20-4.2.2.1, 11-15-89; §§ 18-4.22, 18-4.2.2.1, Ord. 98-A(1), 8-5-98; Ord.
01-18(7), 10-17-01; Ord. 12-18(4), 7-11-12)
4.2.3 LOCATION OF STRUCTURES AND IMPROVEMENTS
Except as otherwise provided in section 4.2.2, this section applies to the location of any structure for which
a permit is required under the Uniform Statewide Building Code and to any improvement shown on a site
plan pursuant to section 32 of this chapter.
a. No structure or improvement shall be located on any lot or parcel in any area other than a building
site.
b. No structure, improvement, or land disturbing activity to establish the structure or improvement
shall be located on critical or preserved slopes except as otherwise permitted under sections 4.2.5,
4.2.6, 4.3.1 and 30.7.4.
(§ 20-4.2.3, 12-10-80, 11-15-89; § 18-4.2.3, Ord. 98-A(1), 8-5-98; Ord. 01-18(7), 10-17-01; § 20-4.2.3.1,
12-10-80, 11-15-89, § 18-4.2.3.1, Ord. 98-A(1), 8-5-98; § 4.2.3.2, 12-10-80, § 18-4.2.3.2, Ord. 98-A(1), 8-
5-98; § 18-4.2.3, Ord. 12-18(4), 7-11-12; Ord. 14-18(2), 3-5-14)
State law reference — Va. Code § 15.2-2280.
4.2.3.1, 4.2.3.2 (Repealed 7-11-12)
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4.2.4 LOCATION OF ONSITE SEWAGE SYSTEMS
In the review for and issuance of a permit for the installation of an onsite sewage system, the Virginia
Department of Health should be mindful of the intent of section 4.2, and particularly mindful of the intent
to discourage onsite sewage systems on slopes of twenty (20) percent or greater. Any onsite sewage
system shall be located within a building site.
(§ 20-4.2.4, 12-10-80; 11-1-87; 9-9-92; § 18-4.2.4, Ord. 98-A(1), 8-5-98; Ord. 12-18(4), 7-11-12)
4.2.5 MODIFICATION OR WAIVER
Any requirement of section 4.2.1, 4.2.2, 4.2.3 or 4.2.4 may be modified or waived as provided herein:
a. Modification or waiver by the commission. The commission may modify or waive any
requirement that is not subject to an administrative waiver as provided in subsection (b), as
follows:
Request. A developer or subdivider requesting a modification or waiver shall file a
written request in accordance with section 32.3.10(d) of this chapter and identify and
state how the request would satisfy one or more of the findings set forth in subsection
4.2.5(a)(3). If the request pertains to a modification or waiver of the prohibition of
disturbing slopes of twenty-five (25) percent or greater (hereinafter, "critical slopes"), the
request also shall state the reason for the modification or waiver, explaining how the
modification or waiver, if granted, would address the rapid and/or large-scale movement
of soil and rock, excessive stormwater run-off, siltation of natural and man-made bodies
of water, loss of aesthetic resources, and, in the event of septic system failure, a greater
travel distance of septic effluent (collectively referred to as the "public health, safety, and
welfare factors") that might otherwise result from the disturbance of critical slopes.
2. Consideration of recommendation; determination by county engineer. In reviewing a
request for a modification or waiver, the commission shall consider the recommendation
of the agent as to whether any of the findings set forth in subsection 4.2.5(a)(3) can be
made by the commission. If the request pertains to a modification or waiver of the
prohibition of disturbing critical slopes, the commission shall consider the determination
by the county engineer as to whether the developer or subdivider will address each of the
public health, safety and welfare factors so that the disturbance of the critical slopes will
not pose a threat to the public drinking water supplies and flood plain areas, and that soil
erosion, sedimentation, water pollution and septic disposal issues will be mitigated to the
satisfaction of the county engineer. The county engineer shall evaluate the potential for
soil erosion, sedimentation and water pollution that might result from the disturbance of
slopes of twenty-five (25) percent or greater in accordance with the current provisions of
the Virginia Department of Transportation Drainage Manual, the Commonwealth of
Virginia Erosion and Sediment Control Handbook and Virginia State Water Control
Board best management practices, and where applicable, Chapter 17, Water Protection,
of the Code.
3. Findings. The commission may grant a modification or waiver if it finds that the
modification or waiver would not be detrimental to the public health, safety or welfare, to
the orderly development of the area, or to adjacent properties; would not be contrary to
sound engineering practices; and at least one of the following:
a. Strict application of the requirements of section 4.2 would not forward the purposes
of this chapter or otherwise serve the public health, safety or welfare;
b. Alternatives proposed by the developer or subdivider would satisfy the intent and
purposes of section 4.2 to at least an equivalent degree;
c. Due to the property's unusual size, topography, shape, location or other unusual
conditions, excluding the proprietary interest of the developer or subdivider,
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prohibiting the disturbance of critical slopes would effectively prohibit or
unreasonably restrict the use of the property or would result in significant
degradation of the property or adjacent properties; or
d. Granting the modification or waiver would serve a public purpose of greater import
than would be served by strict application of the regulations sought to be modified or
waived.
4. Conditions. In granting a modification or waiver, the commission may impose conditions
deemed necessary to protect the public health, safety or welfare and to insure that the
development will be consistent with the intent and purposes of section 4.2.
5. Appeal. The board of supervisors shall consider a modification or waiver as follows:
a. The denial by the commission of a modification or waiver, or the approval of a
modification or waiver by the commission with conditions objectionable to the
developer or subdivider, may be appealed to the board of supervisors as an appeal of
a denial of the plat, as provided in section 14-226 of the Code, or the site plan, as
provided in section 32.4.2.7 or 32.4.3.9, to which the modification or waiver
pertains. A modification or waiver considered by the commission in conjunction
with an application for a special use permit shall be subject to review by the board of
supervisors.
b. In considering a modification or waiver, the board may grant or deny the
modification or waiver based upon the findings set forth in subsection 4.2.5(a)(3),
amend any condition imposed by the commission, and impose any conditions it
deems necessary for the reasons set forth in subsection 4.2.5(a)(4).
b. Waiver by the agent. In accordance with the procedures stated in section 2.5 of this chapter, the
agent may waive the prohibition of disturbing critical slopes on any parcel not within the Rural
Areas (RA), Monticello Historic District (MHD) or Village Residential (VR) zoning districts in
the following circumstances: (i) the critical slopes were created during the development of the
property pursuant to a site plan approved by the county; or (ii) the critical slopes will be disturbed
to replace an existing structure located on the critical slopes and the extent of the disturbance is the
minimum necessary to replace the existing structure with a new structure whose footprint does not
exceed the footprint of the existing structure. The agent may grant a waiver if he or she finds that:
1. The property is not identified in the open space plan as one having any protected
resources and a field inspection has confirmed that there are no significant or critical
features on the property identified for protection in the open space plan;
2. There is no reasonable alternative that would eliminate or reduce the disturbance of
critical slopes;
3. The developer or subdivider submitted and obtained approval from the program authority
of an erosion and sediment control plan, regardless of whether the area disturbed is less
than ten thousand (10,000) square feet; and
4. The developer or subdivider submitted and obtained approval from the county engineer
of a plan that describes how the movement of soil and rock, stormwater runoff, siltation
of natural and man-made bodies of water, the loss of aesthetic resources identified in the
open space element of the comprehensive plan and, in the event of the failure of a
treatment works and subsurface drainfield, a greater travel distance of septic effluent, will
be mitigated through design, construction techniques, revegetation, stormwater
management and other best management practices.
(§ 20-4.2.5, 12-10-80, 11-15-89; § 18-4.2.5, Ord. 98-A(1), 8-5-98; Ord. 01-18(4), 5-9-01; Ord. 09-18(1), 1-
14-09)
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