HomeMy WebLinkAboutWPO201500001 Notice To Comply 2018-10-18 41147
COUNTY OF ALBEMARLE
Department of Community Development
401 McIntire Road,North Wing
Charlottesville,Virginia 22902-4596
Phone(434)296-5832 Fax(434)972-4126
October 18,2018
Mr. Larry B. Hall
1949 Northside Drive
Charlottesville,VA 22911
RE: Northside Drive Stockpile
WPO-2015-00001
NOTICE TO COMPLY
Dear Mr. Hall,
As stated on your approved Erosion& Sediment Control Plan and in Section 5.1.28(b)5 (Borrow, Fill or
Waste Areas)of the Albemarle County Code(see attachment),the placement of fill or waste shall be
completed within one(1)year of its commencement.This NOTICE TO COMPLY is to inform you that
you are in violation of your permit and the County Code. You are hereby notified to immediately
complete filling,waste and grading operations and stabilize the site as necessary to complete the above
referenced project.
The site must be graded in accordance with the approved plan, erosion control measures removed, and
any necessary drainage corrections required to provide for positive drainage. Additionally,the active
VSMP permit must be closed out in accordance with County procedures.
If you have any questions or concerns with steps necessary to correct this violation,please contact either
Kenny Thacker or Frank Pohl at(434)296-5832.
Sincerely,
Z ga(
Kenn hacker rank V. Pohl,PE, CFM
Erosion Control Officer County Engineer
Inspection Division
ALBEMARLE COUNTY CODE
the county engineer shall be particularly mindful of the requirements of section 4.14.1,noise,
and section 4.14.7,electrical interference;
d. Except as specifically permitted in a particular case, no auxiliary or accessory method of
power generation shall be permitted nor shall any pump storage or rechannelization be
permitted.
(§5.1.26,4-28-82)
5.1.27 TEMPORARY EVENTS SPONSORED BY LOCAL NONPROFIT ORGANIZATIONS
This provision is intended to regulate for purposes of public health, safety and welfare, major
events such as agricultural expositions,concerts,craft fairs,and similar activities which generally:
attract large numbers of patrons;may be disruptive of the area;and occasion the need for planning
in regard to traffic control, emergency vehicular access, health concerns and the like. The
provision is not intended to regulate such minor events as religious assembly use bazaars, yard
sales,bake sales, car washes, picnics and the like which generally are not disruptive of the area
and require only minimal logistical planning; nor is it intended to permit permanent amusement
facilities. Each such event shall be sponsored by one or more not-for-profit organizations
operating primarily in the county and/or the city of Charlottesville.
No event shall extend for a period longer than that provided by the board of supervisors in the
conditions of the special use permit. A separate special use permit shall be required for each
event.
Special use permits may be issued by the board of supervisors pursuant to this section, upon
finding:
a. That the public roads serving the site are adequate to accommodate the traffic which would be
expected to be generated by such event;
b. That the character of such use will be in harmony with the public health, safety and welfare,
and uses permitted by right in the district and will not be of substantial detriment to adjacent
property in terms of smoke,dust,noise,hours of operation,artificial lighting or other specific
identifiable conditions which may be deleterious to the existing uses of such property.
Except as the board of supervisors may expressly add or delete conditions in a particular case,
each such permit shall be subject to the following conditions:
a. A preliminary plan showing access,parking,vehicular and pedestrian circulation, and method
of separation of the same shall be approved by the director of planning;
b. Such organization shall have made adequate arrangements with the county sheriff, fire and
rescue squads, and the local office of the Virginia Department of Health for the conduct of
such event;
c. Adequate arrangements have been made for the removal of trash and debris, reseeding and
general restoration of the site following the event. The board of supervisors may establish
and require the posting of a bond in an amount deemed by the zoning administrator to be
sufficient for such purpose.
(§5.1.27,7-7-82;Ord. 17-18(4),8-9-17)
5.1.28 BORROW,FILL OR WASTE AREAS
a. Each borrow,fill or waste area shall be subject to the following:
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ALBEMARLE COUNTY CODE
1. Each active borrow,fill or waste area shall be shaped and sloped so that no undrained pockets
or stagnant pools of water are created to the maximum extent reasonably practicable as
determined by the program authority. All undrained pockets and stagnant pools of water
resulting from drainage shall be treated as required by the Virginia Department of Health to
eliminate breeding places for mosquitoes and other insects.
2. No fill or waste area shall be located either within the flood hazard overlay district,except as
authorized by section 30.3 of this chapter,or in any stream buffer area as defined by Chapter
17 of the Code of Albemarle. (Amended 10-3-01;7-3-02)
3. Each fill or waste area shall be only for the disposal of soil or inert materials. The disposal of
any other materials in a fill or waste area is prohibited.
4. Each borrow, fill or waste area shall be reclaimed within seven(7)days of completion of the
borrow, fill or waste activity, or such later time authorized by the program authority for
reclamation activities of a seasonal nature. Reclamation shall include, but not be limited to,
restoring the area so that it approximates natural contours; shaping and sloping the area to
satisfy the requirements of subsection(a)(1); covering the area with clean fill to a minimum
depth of two (2) feet in order to allow for permanent stabilization and reclamation; and
establishing a permanent vegetative ground cover; provided that the program authority may
reduce the minimum depth of clean fill to one (1) foot if the area is unlikely to be
redeveloped.
5. The zoning administrator, or the program authority for those borrow, fill or waste areas
subject to subsection (b), may require the owner to submit a reasonable performance bond
with surety, cash escrow, letter of credit, any combination thereof, or such other legal
arrangement acceptable to the county attorney,to ensure that measures could be taken by the
county or the program authority at the owner's expense should he fail,after notice is given to
perform required reclamation work specified in the notice. The amount of the bond or other
surety shall be based on unit pricing for new public or private sector construction in
Albemarle County, Virginia, and a reasonable allowance for estimated administrative costs
and inflation which shall not exceed twenty-five(25)percent of the estimated cost to initiate
and complete the reclamation of the borrow, fill or waste area, and to comply with all other
terms and conditions of the plan or narrative required by subsection(b). If reclamation work
is required to be taken by the county or the program authority upon the failure of the owner to
do so,the county or the program authority may collect the reasonable cost of the work directly
from the owner,to the extent that the cost exceeds the unexpended or unobligated amount of
the surety. Within sixty(60)days after the reclamation work is completed and inspected and
approved by the county engineer,the bond or other surety,or any unexpended or unobligated
portion thereof,shall be refunded to the owner.
b. If the aggregate area of a borrow, fill or waste activity will be greater than ten thousand(10,000)
square feet, then, as part of any permit issued pursuant to section 17-207 of the Code of
Albemarle, the program authority shall first approve a plan or a narrative for such activity that
satisfies the requirements of subsection(a)and the following:
1. All inert materials shall be transported in compliance with section 13-301 of the Code of
Albemarle. Before a transporting vehicle leaves the parcel or parcels on which the borrow,
fill or waste area is located, it shall be cleaned so that no inert materials outside of the
vehicle's load-bed can be deposited on a public street.
2. The borrow, fill or waste area and the access roads thereto shall be treated or maintained to
prevent dust or debris from blowing or spreading onto adjacent properties or public streets.
Depending on the anticipated intensity and duration of the activity and the character of the
development of adjoining properties,the program authority may require setback, fencing and
18-5-16.1
Zoning Supplement#101,1-18-17
ALBEMARLE COUNTY CODE
landscaping requirements as deemed appropriate,but which shall not exceed the requirements
of sections 30.4.6,30.4.7 and 30.4.9 of this chapter.
3. Borrow, fill or waste activity involving industrial-type power equipment shall be limited to
the hours of 7:00 a.m. to 9:00 p.m., except in cases of a public emergency declared pursuant
to section 2-1003 of the Code of Albemarle.
4. Borrow, fill or waste activity shall be conducted in a safe manner that maintains lateral
support, in order to minimize any hazard to persons, physical damage to adjacent land and
improvements,and damage to any public street because of slides,sinking,or collapse.
5. The placement of fill or waste shall be completed within one(1)year of its commencement,
except for reclamation activities and any other activities associated with the final stabilization
of the area. The program authority may extend the date of completion upon the written
request of the applicant,demonstrating thatfactors beyond the control of the applicant
prevented the completion within the one-year period. The program authority may then extend
the permit for a period of time that,in its sole discretion,is determined adequate to complete
the work.
6. In lieu of a plan or narrative,the program authority may accept a contractual agreement
between the Virginia Department of Transportation and its contractor for a public road
project;provided that the program authority determines that the agreement satisfies at least to
an equivalent extent the requirements and intent of this section.
(§5.1.28,7-6-83;Ord.01-18(6), 10-3-01;Ord.02-18(5),7-3-02)
5.1.29 CONVENT,MONASTERY
a. The ownership of the convent/monastery shall conform in all respects to the provisions of
Chapter 2 of Title 57 of the Code of Virginia,as the same may be amended from time to time,
or any successor statute;
b. This provision is intended to accommodate the long term residency of nuns,monks or friars in
a communal setting as opposed to transient occupancy as may be experienced in other
religious retreats; provided that nothing contained herein shall be deemed to preclude
temporary lodging of guests as an accessory use to the convent or monastery.
(§ 5.1.29,7-6-83)
5.1.30 AGRICULTURAL MUSEUM
a. Items for display in such museum shall be directly related to past or present
agricultural/forestal uses in Albemarle County;
b. Activities may include: passive display; active demonstration including tours of processing
areas;and public participation in such agricultural activity;
c. Sale of display items and accessory items may be permitted only upon expressed approval by
the board of supervisors.
(§5.1.30, 12-2-87)
5.1.31 AUTOMOBILE OR TRUCK REPAIR SHOPS,BODY SHOPS,MOTORCYCLE AND OFF-
ROAD VEHICLE SALES AND SERVICE SHOPS,AND PUBLIC GARAGES
Each automobile or truck repair shop, body shop, motorcycle and off-road vehicle sales and
service shop,and public garage shall be subject to the following:
18-5-16.2
Zoning Supplement#101,1-18-17