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ACTIONS
Board of Supervisors Meeting of April 20, 2005
April 21, 2005
AGENDA ITEM/ACTION
ASSIGNMENT
1. Call to Order.
· Meeting was called to order at 6:03 p.m. by the
Chairman, Mr. Rooker. All BOS members were
present except Mr. Bowerman. (Mr. Bowerman
arrived at 6:05 p.m.) Also present were Bob
Tucker, Larry Davis, Greg Kamptner, and Debi
Moyers .
4. From the Public: Matters Not Listed on the
Agenda.
· None.
5.2 Revisions to Personnel Policies P-80 “Absences”
and P-85 “Sick Leave/Acceptable Attendance”.
· ADOPTED the attached resolution.
Clerk: Forward signed resolution to Kimberly
Suyes and copy County Attorney’s Office.
(Attachment 1)
5.3 Powell Creek Drive Sidewalk – Authorize County
Executive to sign deed dedicating right -of-way.
· ACCEPTED the proposed dedication and
AUTHORIZED the County Executive to sign the
quitclaim deed and agreement on behalf of the
County.
County Attorney : Provide Clerk with copy of
signed documents and filing receipt.
5.4 Authorize County Executive to sign deed of
easement to accept dedication of drainage
easement and improvements – Blenheim View
Estates Subdivision.
· APPROVED the proposed deed dedicating a
drainage easement and any improvements
thereon, and AUTHORIZED the County
Executive to sign the deed on behalf of the
County after it has been approved by the
County Attorney with any necessary changes.
County Attorney: Pro vide Clerk with copy of
signed documents and filing receipt.
5.5 Resolution to accept roads in Church Hill
Subdivision into the State Secondary System of
Highways.
· ADOPTED the attached resolution.
Clerk: Forward signed resolution to Greg
Cooley in Department of Community
Development.
(Attachment 2)
5.6 Resolution to accept roads in Western Ridge
Subdivision, Phase 4A, into the State Secondary
System of Highways.
· ADOPTED the attached resolution.
Clerk: Forward signed resolution to Greg
Cooley in Department of Community
Development .
(Attachment 3)
5.7 Resolution to accept roads in Western Ridge
Subdivision, Phases 4B & 5A, into the State
Secondary System of Highways.
· ADOPTED the attached resolution.
Clerk: Forward signed resolution to Greg
Cooley in Department of Community
Development.
(Attachment 4)
5.8 Resolution to accept roads in Forest Lakes
Subdivision, Willow Bend, Block N, into the State
Secondary System of Highways.
· ADOPTED the attached resolution.
Clerk: Forward signed resolution to Greg
Cooley in Department of Community
Development.
(Attachment 5)
5.9 Resolution to accept roads in Forest Lakes
Subdivision, Ravenswood, Block T, into the State
Secondary System of Highways.
· ADOPTED the attached resolution.
Clerk: Forward signed resolution to Greg
Cooley in Department of Community
Development.
(Attachment 6)
5.10 Resolution to accept roads in Forest Lakes
Subdivision, Pleasant Ridge, Block N, into the State
Secondary System of Highways.
Clerk: Forward signed resolution to Greg
Cooley in Department of Community
Development.
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· ADOPTED the attached resolution. (Attachment 7)
5.11 Resolution to accept roads in Church Hill West
Subdivision into the State Secondary System of
Highways.
· ADOPTED the attached resolution.
Clerk: Forward signed resolution to Greg
Cooley in Department of Community
Development.
(Attachment 8)
6. Public hearing on Housing Choice Voucher 5-Year
Plan.
· HELD but no one spoke. AUTHORIZED the
County Executive to sign the PHA Certifications
of Compliance as part of the Plan submission.
Clerk: Forward signed PHA Certifications form
to Ron White.
7. ZMA -2004 -09. Cottages at Jefferson Heights (Sign
#88).
· APPROVED ZMA-2004-09, by a vote of 5:1 as
proffered April 20, 2005.
Clerk: Set out proffers.
(Attachment 9)
8. STA -2001 -08. Comprehensive revision of the
Subdivision Ordinance.
· ADOPTED STA -2001-08, by a vote of 5:1, as
modified. As part of the motion, the Board
stated that the Neighborhood Model is a model
and not the only model and that other models
will be considered.
Clerk: Forward adopted ordinance to County
Attorney’s Office for inclusion in next update of
County Code and copy Community
Development.
(Attachment 10 )
· The Board recessed at 8:30 p.m. and reconvened
at 8:43 p.m.
9. Adoption of FY 2005/06 Capital and Operating
Budgets and Approval of FY 2006 -2010 CIP and
FY 2011 -2015 Capital Needs Assessment.
· ADOPTED FY 05/06 Budget Resolution, by a
vote of 6:0.
· APPROVED, by a vote of 6:0, the inclusion of
funding in the FY 05/06 Budget the following
items: $5,000 to Save the Fireworks, $3,000 to
the African-American Festival, and an
additional $3,000 for the Albemarle County
Fair. Also, APPROVED moving $35,000 into
the Boar d of Supervisors’ Contingency fund
identified previously for the Office of the Public
Defender.
Clerk: Forward copy of resolution to Richard
Wiggans and OMB.
(Attachment 11 )
10. Adoption of Calendar Year 2005 Tax Rate.
· ADOPTED, by a vote of 6:0, the res olution
setting the tax levy for calendar/tax year 2005.
Clerk: Forward copy of resolution to Richard
Wiggans and OMB.
(Attachment 12 )
11. From the Board: Matters Not Listed on the Agenda.
David Wyant:
· Asked staff to consider eliminating fees
assessed to churches for temporary signage.
Mr. Davis stated the County does not assess
fees for temporary signs. He also stated the
County is constitutionally prohibited from
waiving fees for a specific entity such as
churches.
Sally Thomas:
· A provision in the state law allows counties to
defer a portion of an increase in real estate
taxes when the increase is above a certain
amount. She asked if the staff could provide a
short report to the Board.
· Asked when the permanent ordinance for
groundwater testing would be coming to the
Board. Mr. Davis said it is scheduled for public
Richard Wiggans: Provide information on future
agenda.
.
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hearing on May 4th.
· Asked if the County has heard from the City on
its’ request that the settlement condition for the
Ivy Landfill be lifted. Mr. Davis said he will
update the Board at the May 4th meeting.
· Discussed the Meadow Creek Parkway
meeting held April 18th with Commissioner Phil
Shucet. Mr. Rooker said the Commissioner
was very cooperative and interested in finding a
solution even though he was not confident
there is a funding solution. Also, Mr. Boyd
recently attended a meeting with Senator John
Warner to discuss identifying the Meadow
Creek Parkway Interchange as a demonstration
project for Federal funds. The Commissioner
expressed his support.
David Bowerman:
· Announced that he has decided not to seek re -
election for a fifth term to the Board of
Supervisors.
Ken Boyd:
· Mentioned that Senator Warner was very
receptive during their recent meeting.
Congressman Goode was also in attendance at
the meeting. Mr. Rooker suggested sending
“thank you ” letters to Senator Warner and
Congressman Goode for their support.
· Said the Route 22/231 proposed truck
restriction is still an issue. The CTB will be
dealing with the issue next week. He
suggested sending a letter to Gordonsville
Tow n Council stating the County’s position and
asking for their support. Because of the timing
issue, Mr. Tucker suggested Board members
telephone members of Gordonsville Town
Council individually.
Dennis Rooker:
· Stated he forwarded a copy of an email to
Board members from Mike Gaffney suggesting
that he and Mayor Brown attend a pre-
application meeting with the Corp of Engineers,
DEQ and EPA. He then updated Board
members on expectations of the meeting.
Larry Davis:
· Requested the Board adopt a Resolution to
Authorize Acquisition of Property which would
authorize the County Executive to accept the
deed and to sign all the closing documents for
the Hedgerow Property. ADOPTED by a vote
of 6:0.
Clerk: Prepare letters for Chairman’s signature.
Clerk: Forward signed resolution to County
Attorney’s office.
(Attachment 13 )
12. Adjourn to April 21, 2005, 4:00 p.m., Room 235, for
Joint Meeting with School Board.
· The meeting was adjourned at 9:48 p.m.
Joint Meeting with Albemarle County School of Board of April 21, 2005
1. Call to Order.
· Meeting was called to order at 4:05 p.m. by the
Chairman, Mr. Rooker, and School Board
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Chairman, Mr. Walker. All BOS and School
Board Members were present except David
Wyant from the Board of Supervisors and
Stephen Koleszar from the School Board. Also
present were Bob Tucker, Kevin Castner, Larry
Davis, Kimberly Suyes, Christy Sinatra and
Debi Moyers.
2. Discussion: Proposed 2005 -2006 Health and
Dental Insurance Contracts.
· APPROVED, by a vote of 5:0, the following
recommendations of the HealthCare Executive
for FY 05/06:
Medical Plan:
1. Continue to offer three different plans through
Southern Health Services Inc:
a. All three plans are Point -Of-Service Plans
with the same benefit coverage
b. There are differences in cost sharing (co-
pays, co-insurance, out -of-pocket maximums,
deductibles) and employee premium
requirements
c. The benefit summary is shown at Attachment
A (copy on file)
2. Board contribution of $5,860 for the new plan -
year starting October 1st.
3. Set full-time employee premiums at the rates
shown in Attachment B (copy on file).
4. Retain a self-insured medical plan with Specific-
Claim-Stop-Loss insurance to limit our liability
against any single large claim.
Dental Plan:
1. Change the funding mechanism on the dental
plan with Delta Dental of Virginia from fully-
insured to self-funded.
2. Continue to offer the Basic and High Options with
no change in benefit design.
3. Increase of $20 per participant in Annual Board
contribution from $180 to $200 for the new plan
year start ing October 1st.
4. Employee premiums as shown in Attachment B
(copy on file).
Human Resources: Proceed as approved.
3. From the Board of Supervisors/School Board:
Matters Not Listed on the Agenda.
· None
4. Adjourn.
· The meeting was adjourned at 5:07 p.m.
/djm
Attachment 1 – Resolution approving proposed changes to Personnel Policies P-80 and P-8 5
Attachment 2 – Resolution to accept roads in Church Hill Subdivision
Attachment 3 – Resolution to accept roads in Western Ridge Subdivision, Phase 4A
Attachment 4 – Resolution to accept roads in Western Ridge Subdivision, Phases 4B & 5A
Attachment 5 – Resolution to accept roads in Forest Lakes Subdivision, Willow Bend, Block N
Attachment 6 – Resolution to accept roads in Forest Lakes Subdivision, Ravenswood, Block T
Attachment 7 – Resolution to accept roads in Forest Lakes Subdivision, Pleasant Ridge, Block N
Attachment 8 – Resolution to accept roads in Church Hill West Subdivision
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Attachment 9 – Cottages at Jefferson Heights Proffers 4/20/05
Attachment 10– STA -2001 -08. Comprehensive revision of the Subdivision Ordinance
Attachment 11– Budget Resolution
Attachment 12– Calendar Year 2005 Tax Levy Resolution
Attachment 13– Resolution to Authorize Acquisition of Property
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ATTACHMENT 1
RESOLUTION
WHEREAS, the County of Albemarle Personnel Policy Manual has been adopted by the Board of
Supervisors; and
WHEREAS, the proposed Personnel Policy Manual changes clarify 1) leave provisions and
requirements for bereavement of immediate and non-immediat e family members; 2) pay and leave
provisions and requirements for employees who serve on jury duty, who are subpoenaed to court in their
capacity as County employees, and who must be absent from work due to private legal actions; 3) terms
of Workers’ Compensation payments; 4) provision of lunch time to full-time employees; 5) department
heads’ responsibilities in maintaining acceptable attendance in his department; and 6) provisions and
requirements for use of the Sick Leave Bank.
WHEREAS, the Board of Supervisors desires to adopt these Personnel Policy revisions;
NOW, THEREFORE, BE IT RESOLVED THAT the Board of Supervisors of Albemarle County,
Virginia, hereby amends the following sections of the County of Albemarle Personnel Policy Manual:
By Amending:
Section P-80 Absences
Section P-85 Sick Leave/Acceptable Attendance
Section P-80 ABSENCES
The Board strives to keep attendance of employees at a maximum and absences at a minimum. The
Board recognizes, however, that absences are unavoidable and allows certain absences and absence
payments. The Board will establish policies that are meant to maintain the highest possible efficiency.
Allowance will be made to permit bona fide absences, and prevent employees who have been ill from
becoming a hazard to other employees by returning to work too soon.
A. It will remain the right of the department head/designee and the County Executive or designee to:
1. Authorize, or refuse to authorize in exceptional cases, the advance request of an
employee for permission to be absent.
2. Investigate absences.
3. Deny leave payment for absences in violation of any Board policy.
4. Impose reasonable disciplinary penalties upon employees who have abused their leave
privileges and who violate the provisions of the “Responsibilities of Employees” section of
this policy.
B. Responsibilities of Employees
Every employee of the County has the following obligations and responsibilities concerning
absence:
1. Request for Leave – When the need for being absent from work is known in advance, the
employee must notify his immediate supervisor as far in advance as possible on the
Leave Form provided by the Department of Human Resources.
2. Notice of Unexpected Absence – When an employee who has not given advance notice
finds that he cannot report to work, the employee must notify his supervisor prior to
starting time or within thirty (30) minutes of the regular starting time unless the
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department has established other guidelines for notification. Employees should be aware
of the notification requirements of their departments. Upon returning to work, the
employee must complete a Leave Form as a record of absence.
3. Failure to Give Notice – Failure to give the notice required shall constitute cause for a
reasonable disciplinary penalty including cause for denial of absence pay allowance.
Unless an absence has been authorized in advance or an absence is unavoidable, every
employee shall be expected to be present and on time for his scheduled work.
C. Employees Returning to Work After Illness
Before an employee returns to work after an absence due to illness, the employee may be
requested to submit a medical release certifying the illness and that he is well enough to return to
work. This medical release shall be from the empl oyee’s physician or, if required by the
department head, a physician designated by the Human Resources Department. In all instances,
the employee will be advised of the requirement prior to the employee being authorized to return
to work.
D. Absences for urgent personal business, bereavement, or illness will be granted at the discretion
of the immediate supervisor and in compliance with Board policy. Sick Leave may be used for
bereavement leave for immediate family members. (See also Sick Leave, P-85) Bereavement
leave for non-immediate family members shall be covered by compensatory time, Annual Leave
or Unpaid Leave. (See also Annual Leave, P-84 and Unpaid Leave, P-82)
E. The Board recognizes the duty of every citizen to serve on a jury when requested and will allow
payment from the court for serving on jury duty. Employees serving jury duty will receive full
salary as well as retain compensation received from the court. Employees are expected to give
notice of jury duty and to report to work when jury is not in session. Employees who are
subpoenaed to appear as witnesses in legal proceedings in their capacity as County employees
will be entitled to treat time spent in such proceedings as compensable working time. However,
employees who initiate or are otherwise involved in private legal actions of any kind (excluding
employee grievance proceedings), whether such actions involve the County or not, will not be
permitted to treat time spent during working hours in connection with such actions as
compensable working time. Such employees will be required to use accrued compensatory time,
Annual Leave or Unpaid Leave for all hours spent in connection with such actions that occur
during working hours.
F. Workers’ Compensation will be paid in accordance with law, i.e., at two -thirds (2/3) salary after
the first seven (7) calendar days from the date of injury. These first seven (7) days may be
covered by the employee’s own Sick Leave. In the event that an employee has no leave to cover
the first seven (7) calendar days, Sick Leave can be advanced and paid back to the County as it
is accrued. If incapacity continues for a period of more than three (3) weeks (twenty-one (21)
calendar days), then Workers’ Compensation shall be allowed retroactive to the firs t day of such
incapacity. The Board will, however, pay the additional one-third (1/3) of a day’s salary with no
charge to the employee’s Sick Leave for up to one (1) year from the date of incident assuming the
claim is compensable under Workers’ Compensat ion. If the claim is deemed not compensable,
the employee will reimburse the Board of the salary for one -third (1/3) of the day (i.e., through
Annual, Sick or Sick Bank Leave or leave without pay).
G. Military leave of absence will be granted by the Board in accordance with existing state and
federal statutes. (See also Military Leave, P-83)
H. Breaks: There is no formal break time provided by Albemarle County. However, reasonable time
shall be provided for personal care and refreshments during the workday.
I. Lunch Time: A lunch period of at least thirty (30) minutes shall be provided to each full-time
employee and, unless prior supervisory approval is received, employees may not forego the
lunch period in order to shorten the workday. (See also Overtime/Compensatory Time, P-61/62)
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J. Acceptable Attendance:
Acceptable attendance is a minimum expectation of all County employees. Department Heads
are responsible for monitoring attendance within their departments. Except as noted, when an
employee’s absenteeism exceeds four percent (4%) of available work time for Sick Leave,
Unpaid Leave, and/or unplanned use of compensatory time or Annual Leave, his department
head is responsible for investigating the absenteeism and taking appropriate action as necessary.
Leave taken under FMLA and/or Workers’ Compensation shall not be considered when
determining acceptable attendance. However, nothing shall prohibit the County from determining
an employee’s eligibility to return to employment once FMLA has been ex hausted.
Amended: August 4, 1993, April 20, 2005
Section P-85 SICK LEAVE
Albemarle County recognizes that its employees may need time away from work due to personal
illness, and/or illness or death in their immediate families. The immediate family is defined as the
employee’s spouse or the employee’s or spouse’s children, parents, siblings, and grandparents. The
County provides a program of paid leave to cover such circumstances. It is necessary, however, for
employees to realize that absenteeism problems hinder the efficient operation of a County department
and its delivery of services to the public.
Disciplinary actions regarding absenteeism will be determined by examining patterns and/or
frequency of occurrence. Unacceptable attendance will be handled through the normal performance
evaluation and disciplinary procedures of the County.
The purpose of Sick Leave is to provide for paid time in the event of absences due to personal
illness and/or illness or death in the family. All employees shall earn Sick Leave days at the rate of one
(1) day per month of employment (regular, full-time) or a major fraction thereof (regular, part -time) with no
maximum on accumulation.
Bereavement Leave: Employees may be permitted to use up to five (5) days of accrued Sick
Leave in the event of the death of a member of the employee's immediate family. Any additional time
required by the employee in such event shall be covered by Annual Leave, compensatory time or Unpaid
Leave, as may be applicable. In the event of the death of a non-immediate family member, employees
will be required to use Annual Leave, compensatory time or Unpaid Leave, as may be applicable.
Sick Leave Bank
The County will maintain a Sick Leave Bank to be used when a member of the Bank becomes
incapacitated by long -term illness (defined as more than twenty (20) days) or injury as long as one-third
(1/3) of the eligible members agree to participate in accordance with the terms contained herein.
Membership in the Sick Leave Bank shall be voluntary and open to all eligible employees who
accrue Sick Leave.
Each employee of the Board who accumulates Sick Leave is eligible for membership and may
become a member by donating one day of Sick Leave upon joining and an additional day thereafter
whenever an assessment is required.
Requests for leave time from the Bank must be made in writing by the employee (or his
representative if the employee is unable to submit the request) in advance of the absence for which the
extra days are to be granted. Requests cannot be made retroactively except in the case of absences that
were presumed to be covered by Workers’ Compensation, but were subsequently denied.
Requests must be supported by a medical doctor’s certificate acceptable to the County. The
County reserves the right to require additional medical documentation to support the request.
9
Failure to meet applicable requirements set forth in this policy will result in the rejection of the
employee’s Sick Leave Bank application.
Employees should also be aware of Policy P-90, Family and Medical Leave, and how it relates to
use of Sick Leave and Sick Leave Bank Leave.
The Director of Human Resources is designated as the administrator of the Sick Leave Bank.
A. Enrollment Procedures
An eligible em ployee may enroll within the first thirty (30) days of employment. An employee who
does not enroll when first eligible may do so during any subsequent Benefits Open Enrollment
period by making application and providing satisfactory evidence of good health to the Board.
Membership in the Bank may be earned by contributing one (1) day of Sick Leave upon joining
and an additional day thereafter whenever an assessment is required. The donated days of
leave will be deducted from the donor’s accumulated days of Sick Leave.
B. Rules for Use
1. The first twenty (20) consecutive working days of an illness or disability will not be
covered by the Bank, but must be covered by the member’s own accumulated paid leave
or leave without pay. This requirement may be met in cases in which twenty (20) days of
absence for the same illness/injury, although not consecutive, occur within thirty (30)
working days.
2. Requests for use of the Sick Leave Bank must be submitted in writing by the employee
(or representative if the employee is unable to submit the request) prior to the twentieth
(20th) day of absence except in the case of Workers’ Compensation claims that were
denied.
3. Eligible employees may take a maximum of forty-five (45) working days from the Sick
Leave Bank in any rolling year (defined as a three hundred sixty-five (365) day period
beginning with the first day of Sick Leave Bank usage). For example, if an eligible
employee begins Sick Leave Bank usage on March 1st, he would be entitled to take up to
forty-fi ve (45) working days from the Sick Leave Bank in the three hundred sixty-five
(365) day period beginning on that date.
4. Days drawn from the Bank for any one period of eligibility must be consecutive, except
additional periods of disability resulting from recurrence or relapse of the original illness
which will be covered fully on a continuing basis up to the annual maximum of forty-five
(45) days. Once a member has used all forty-five (45) days of Sick Leave Bank, he must
return to work and must meet the requirements of Section B.1 before becoming eligible to
utilize Sick Leave Bank benefits again.
5. A member of the Bank will not be able to use Sick Leave Bank benefits until the
employee’s Sick Leave balance declines to zero. Sick Leave and/or Sick Leave Bank
Leave will run concurrently with FMLA where applicable.
6. Members of the Bank will be assessed additional days of Sick Leave at such time as the
Bank is depleted to two hundred (200) days, unless they choose not to participate further
in the Bank. Members who have no Sick Leave to contribute at the time of assessment
will be assessed one (1) day and allowed to temporarily maintain a negative balance.
7. Members utilizing Sick Leave days from the Bank will not have to replace these days
except as a regular contributing member of the Bank.
8. The Sick Leave Bank request form must be signed by a medical doctor (M.D.) acceptable
to the County. The County reserves the right to require additional medical documentation
supporting the request.
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C. Termination
Upon termination of employment or membership in the Sick Leave Bank, a participating
employee may not withdraw the days he has contributed to the Bank.
Extraordinary Sick Leave
In certain circumstances such as a long period of illness or recupe ration, an employee may not
have a sufficient Sick Leave or Sick Leave Bank balance to cover the period of absence. In such
circumstances, employees may be eligible for an unpaid leave of absence, as outlined in Policy P-82,
Unpaid Leave.
Amended: Augus t 4, 1993; August 23, 1993; August 7, 1996, April 20, 2005
11
ATTACHMENT 2
WHEREAS, the street(s) in Church Hill Subdivision de scribed on the attached Additions Form
SR-5(A) dated April 20, 2005, fully incorporated herein by reference, is shown on plat s recorded in the
Clerk's Office of the Circuit Court of Albemarle County, Virginia; and
WHEREAS, the Resident Engineer for the Virginia Department of Transportation has advised the
Board that the street(s) meet the re quirements established by the Subdi vision Street Requirements of the
Virginia Department of Transportation.
NOW, THEREFORE, BE IT RESOLVED, that the Albemarle Board of County Supervisors
requests the Virginia Department of Transportation to add the road(s) in Church Hill Subdivision as
described on the attached Additions Form SR-5(A) dated April 20, 2005, to the secondary system of
state highways, pursuant to §33.1-229, Code of Virginia, and the Department's Subdivision Street
Requirements; and
BE IT FURTHER RESOLVED that the Board guara ntees a clear and unrestricted right -of -way, as
described, exclusive of any necessary easements for cuts, fills and drainage as described on the
recorded plats; and
FURTHER RESOLVED that a certified copy of this resolution be forwarded to the Resident
Engineer for the Virginia Department of Transportation.
* * * * *
The road(s) described on Additions Form SR-5(A) is:
1) Church Plains Drive (State Route 1267) from the intersection of Route 240 (Three
Notch’d Road) to the cul-de-sac, as shown on plat recorded 06/30/2001 in the office the
Clerk of Circuit Court of Albemarle County in Deed Book 245, pages 297-313, with a 40-
foot right -of -way width, for a length of 0.10 mile.
Total Mileage - 0.10 mile.
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ATTACHMENT 3
The Board of County Supervisors of Albemarle County, Virginia, in regular meeting on the 20th
day of April 2005, adopted the following resolution:
R E S O L U T I O N
WHEREAS, the street(s) in Western Ridge Subdivision, Phase 4-A, described on the attached
Additions Form SR-5(A) dated April 20, 2005, fully incorporated herein by reference, is shown on plats
recorded in the Clerk's Office of the Circuit Court of Albemarle County, Virginia; and
WHEREAS, the Resident Engineer for the Virginia Department of Transportation has advised the
Board that the street(s) meet the re quirements established by the Subdivision Street Requirements of the
Virginia Department of Transportation.
NOW, THEREFORE, BE IT RESOLVED, that the Albemarle Board of County Supervisors
requests the Virginia Department of Transpor tation to add the road(s) in Western Ridge Subdivision,
Phase 4-A, as described on the attached Additions Form SR-5(A) dated April 20, 2005, to the secondary
system of state highways, pursuant to §33.1-229, Code of Virginia, and the Department's Subdivision
Street Require ments; and
BE IT FURTHER RESOLVED that the Board guarantees a clear and unrestricted right -of -way, as
described, exclusive of any necessary easements for cuts, fills and drainage as described on the
recorded plats; and
FURTHER RESOLVED that a certified copy of this resolution be forwarded to the Resident
Engineer for the Virginia Department of Transportation.
* * * * *
The road(s) described on Additions Form SR-5(A) is:
1) Clearfields Court (State Route 1377) from the intersection of Route 1376 (Clearfields
Lane) to the cul-de-sac, as shown on plat recorded 04/29/1988 in the office the Clerk of
Circuit Court of Albemarle County in Deed Book 1698, pages 116 -122, with a 50-foot
right -of-way width, for a length of 0.10 mile.
2) Clearfields Lane (State Route 1376) from Route 1251 (Lake Tree Lane) to the
intersection of Route 1377 (Clearfields Court), as shown on plat recorded 04/29/1988 in
the office the Clerk of Circuit Court of Albemarle County in Deed Book 1698, pages 116-
122, with a 50 -foot right -of-way width, for a length of 0.08 mile.
3) Clearfields Lane (State Route 1376) from the intersection of Route 1377 (Clearfields
Court) to the cul-de -sac, as shown on plat recorded 04/29/1988 in the office the Clerk of
Circ uit Court of Albemarle County in Deed Book 1698, pages 116 -122, with a 50-foot
right -of-way width, for a length of 0.06 mile.
4) Lake Tree Lane (State Route 1251) from the end of state maintenance of Route 1251
(Lake Tree Lane) to the intersection of Rout e 1376 (Clearfields Lane), as shown on plat
recorded 04/29/1988 in the office the Clerk of Circuit Court of Albemarle County in Deed
Book 1698, pages 116-122, with a 50-foot right -of-way width, for a length of 0.06 mile.
5) Lake Tree Lane (State Route 1251) from the intersection of Route 1376 (Clearfields
Lane) to the end of state maintenance, as shown on plat recorded 04/29/1988 in the
office the Clerk of Circuit Court of Albemarle County in Deed Book 1698, pages 116-122,
with a 50 -foot right -of -way width, for a length of 0.01 mile.
Total Mileage - 0.31 mile.
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ATTACHMENT 4
The Board of County Supervisors of Albemarle County, Virginia, in regular meeting on the 20th
day of April 2005, adopted the following resolution:
R E S O L U T I O N
WHEREAS, the street(s) in Western Ridge Subdivision, Phase 4B & 5A, de scribed on the
attached Additions Form SR-5(A) dated April 20, 2005, fully incorporated herein by reference, is shown
on plats recorded in the Clerk's Office of the Circuit Court of Albemarle County, Virginia; and
WHEREAS, the Resident Engineer for the Virginia Department of Transportation has advised the
Board that the street(s) meet the re quirements established by the Subdivision Street Requirements of the
Virginia Department of Transportation.
NOW, THEREFORE, BE IT RESOLVED, that the Albemarle Board of County Supervisors
requests the Virginia Department of Transpor tation to add the road(s) in Western Ridge Subdivision,
Phase 4B & 5A, as described on the attached Additions Form SR-5(A) dated April 20, 2005, to the
secondary system of state highways, pursuant to §33.1-229, Code of Virginia, and the Department's
Subdivision Street Require ments; and
BE IT FURTHER RESOLVED that the Board guarantees a clear and unrestricted right -of -way, as
described, exclusive of any necessary easements for cuts, fills and drainage as described on the
recorded plats; and
FURTHER RESOLVED that a certified copy of this resolution be forwarded to the Resident
Engineer for the Virginia Department of Transportat ion.
* * * * *
The road(s) described on Additions Form SR-5(A) is:
1) Fairwinds Court (State Route 1379) from the intersection of Route 1378 (Fairwinds
Lane) to the cul-de-sac, as shown on plat recorded 04/29/1988 in the office the Clerk of
Circuit Cou rt of Albemarle County in Deed Book 1698, pages 126 -130, with a 50-foot
right -of-way width, for a length of 0.06 mile.
2) Fairwinds Lane (State Route 1378) from Route 1251 (Lake Tree Lane) to the
intersection of Route 1379 (Fairwinds Court), as shown on plat recorded 04/29/1988 in
the office the Clerk of Circuit Court of Albemarle County in Deed Book 1698, pages 126-
130, with a 50 -foot right -of-way width, for a length of 0.09 mile.
3) Fairwinds Lane (State Route 1378) from the intersection of Route 1379 (Fairwinds
Court) to the cul-de -sac, as shown on plat recorded 04/29/1988 in the office the Clerk of
Circuit Court of Albemarle County in Deed Book 1698, pages 126 -130 with a 50-foot
right -of-way width, for a length of 0.08 mile.
4) Lake Tree Lane (State Route 1251) from the end of state maintenance to the
intersection of Route 1378 (Fairwinds Lane), as shown on plat recorded 04/29/1988 in
the office the Clerk of Circuit Court of Albemarle County in Deed Book 1698, pages 126-
130, with a 50 -foot right -of-way width, for a length of 0.07 mile.
5) Lake Tree Lane (State Route 1251) from the intersection of Route 1378 (Fairwinds
Lane) to the end of state maintenance, as shown on plat recorded 04/29/1988 in the
office the Clerk of Circuit Court of Albemarle County in Deed Book 1698, pages 126-130,
with a 50 -foot right -of -way width, for a length of 0.01 mile.
Total Mileage - 0.31 mile.
14
ATTACHMENT 5
The Board of County Supervisors of Albemarle County, Virginia, in regular meeting on the 20th
day of April 2005, adopted the following resolution:
R E S O L U T I O N
WHEREAS, the street(s) in Forest Lakes Subdivision, Willow Bend, Block N, de scribed on
the attached Additions Form SR-5(A) dated April 20, 2005, fully incorporated herein by reference, is
shown on plats recorded in the Clerk's Office of the Circuit Court of Albemarle County, Virginia; and
WHEREAS, the Resident Engineer for the Virginia Department of Transportation has advised the
Board that the street(s) meet the re quirements established by the Subdivision Street Requirements of the
Virginia Department of Transportation.
NOW, THEREFORE, BE IT RESOLVED, that the Albemarle Board of County Supervisors
requests the Virginia Department of Transpor tation to add the road(s) in Forest Lakes Subdivisi on,
Willow Bend, Block N, as described on the attached Additions Form SR-5(A) dated April 20, 2005, to
the secondary system of state highways, pursuant to §33.1-229, Code of Virginia, and the Department's
Subdivision Street Require ments; and
BE IT FURTHE R RESOLVED that the Board guarantees a clear and unrestricted right -of -way, as
described, exclusive of any necessary easements for cuts, fills and drainage as described on the
recorded plats; and
FURTHER RESOLVED that a certified copy of this resolution be forwarded to the Resident
Engineer for the Virginia Department of Transportation.
* * * * *
The road(s) described on Additions Form SR-5(A) is:
1) Bristlecone Lane (State Route 1782) from the intersection of Route 1670 (Ashwood
Boulevard) to the int ersection of Route 1783 (Rustic Willow Lane), as shown on plat
recorded 09/25/2001 in the office the Clerk of Circuit Court of Albemarle County in Deed
Book 2083, pages 565-579, with a 40-foot right -of-way width, for a length of 0.06 mile.
2) Bristlecone Lane (State Route 1782) from the intersection of Route 1783 (Rustic Willow
Lane), to the cul-de-sac, as shown on plat recorded 09/25/2001 in the office the Clerk of
Circuit Court of Albemarle County in Deed Book 2083, pages 565 -579, with a 40-foot
right -of-way width, for a length of 0.08 mile.
3) Rustic Willow Lane (State Route 1783) from the intersection of Route 1782 (Bristlecone
Lane), to the cul-de-sac, as shown on plat recorded 09/25/2001 in the office the Clerk of
Circuit Court of Albemarle County in Deed Book 2083, pages 565 -579, with a 40-foot
right -of-way width, for a length of 0.22 mile.
Total Mileage - 0.36 mile.
15
ATTACHMENT 6
The Board of County Supervisors of Albemarle County, Virginia, in regular meeting on the 20th
day of April 2005, adopted the following resolution:
R E S O L U T I O N
WHEREAS, the street(s) in Forest Lakes Subdivision, Ravenswood, Block T, de scribed on
the attached Additions Form SR-5(A) dated April 20, 2005, fully incorporated herein by reference, is
shown on plats recorded in the Clerk's Office of the Circuit Court of Albemarle County, Virginia; and
WHEREAS, the Resident Engineer for the Virginia Department of Transportation has advised the
Board that the street(s) meet the re quirements established by the Subdivision Street Requirements of the
Virginia Department of Transportation.
NOW, THEREFORE, BE IT RESOLVED, that the Albemarle Board of County Supervisors
requests the Virginia Department of Transpor tation to add the road(s) in Forest Lakes Subdivision,
Ravenswood, Block T, as described on the attached Additions Form SR-5(A) dated April 20, 2005, to
the secondary system of state highways, pursuant to §33.1-229, Code of Virginia, and the Department's
Subdivision Street Require ments; and
BE IT FURTHER RESOLVED that the Board guarantees a clear and unrestricted right -of -way, as
described, exclusive of any necessary easements for cuts, fills and drainage as described on the
recorded plats; and
FURTHER RESOLVED that a certified copy of this resolution be forwarded to the Resident
Engineer for the Virginia Department of Transportation.
* * * * *
The road(s) described on Additions Form SR-5(A) is:
1) Ravenswood Court, East (State Route 1781) from the intersection of Route 1780
(Ravenswood Lane) to the east cul-de -sac, as shown on plat recorded 05/09/2000 in the
office the Clerk of Circuit Court of Albemarle County in Deed Book 1916, pages 583-593,
with a 50 -foot right -of -way width, for a length of 0.06 mile.
2) Ravenswood Court, West (State Route 1781) from the intersection of Route 1780
(Ravenswood Lane) to the west cul-de -sac, as shown on plat recorded 05/09/2000 in the
office the Clerk of Circuit Court of Albemarle County in Deed Book 1916, pages 583-593,
with a 50 -foot right -of -way width, for a length of 0.06 mile.
3) Ravenswood Lane (State Route 1780) from the intersection of Route 1670 (Ashwood
Boulevard) to the intersection of Route 1781 (Ravenswood Court), as shown on plat
recorded 05/09/2000 in the office the Clerk of Circuit Court of Albemarle County in Deed
Book 1916, pages 583-593, with a 50-foot right -of-way width, for a length of 0.04 mile.
Total Mileage - 0.16 mile.
16
ATTACHMENT 7
The Board of County Supervisors of Albemarle County, Virginia, in regular meeting on the 20th
day of April 2005, adopted the following resolution:
R E S O L U T I O N
WHEREAS, the street(s) in Forest Lakes Subdivision, Pleasant Ridge, Block N, de scribed on
the attached Additions Form SR-5(A) dated April 20, 2005, fully incorporated herein by reference, is
shown on plats recorded in the Clerk's Office of the Circuit Court of Albemarle County, Virginia; and
WHEREAS, the Resident Engineer for the Virginia Department of Transportation has advised the
Board that the street(s) meet the re quirements established by the Subdivision Street Requirements of the
Virginia Department of Transportation.
NOW, THEREFORE, BE IT RESOLVED, that the Albemarle Board of County Supervisors
requests the Virginia Department of Transpor tation to add the road(s) in Forest Lakes Subdivision,
Pleasant Ridge, Block N, as described on the attached Additions Form SR-5(A) dated April 20, 2005, to
the secondary system of state highways, pursuant to §33.1-229, Code of Virginia, and the Department's
Subdivision Street Require ments; and
BE IT FURTHER RESOLVED that the Board guarantees a clear and unrestricted right -of -way, as
described, exclusive of any necessary easements for cuts, fills and drainage as described on the
recorded plats; and
FURTHER RESOLVED that a certified copy of this resolution be forwarded to the Resident
Engineer for the Virginia Department of Transportation.
* * * * *
The road(s) described on Additions Form SR-5(A) is:
1) Broadleaf Way (State Route 1787) from the intersection of Route 1786 (Pleasant Place)
to the cul -de-sac, as shown on plat recorded 05/31/2000 in the office the Clerk of Circuit
Court of Albemarle County in Deed Book 1922, pages 403 -411, with a 40 -foot right -of-
way width, for a length of 0.04 mile.
2) Pleasant Place (State Route 1786) from the intersection of Route 1784 (Pleasant Ridge
Road) to the south cul-de-sac, as shown on plat recorded 05/31/2000 in the office the
Clerk of Circuit Court of Albemarle County in Deed Book 1922, pages 403 -411, with a 40-
foot right -of -way width, for a length of 0.05 mile.
3) Pleasant Place (State Route 1786) from the intersection of Route 1784 (Pleasant Ridge
Road) to the intersection of Route 1787 (Broadleaf Way), as shown on plat recorded
05/31/2000 in the office the Clerk of Circuit Court of Albemarle County in Deed Book
1922, pages 403 -411, with a 40-foot right -of-way width, for a length of 0.07 mile.
4) Pleasant Place (State Route 1786) from the intersection of Route 1787 (Broadleaf Way)
to the cul -de-sac, as shown on plat recorded 05/31/2000 in the office the Clerk of Circuit
Court of Albemarle County in Deed Book 1922, pages 403 -411, with a 40 -foot right -of-
way width, for a length of 0.06 mile.
5) Pleasant Ridge Road (State Route 1784) from the intersection of Route 1670 (Ashwood
Bouleva rd) to the intersection of Route 1785 (Pleasant Ridge Court), as shown on plat
recorded 05/31/2000 in the office the Clerk of Circuit Court of Albemarle County in Deed
Book 1922, pages 403-411, with a 40-foot right -of-way width, for a length of 0.07 mile.
6) Pleasant Ridge Road (State Route 1784) from the intersection of Route 1785 (Pleasant
Ridge Court) to the intersection of Route 1786 (Pleasant Place), as shown on plat
17
recorded 05/31/2000 in the office the Clerk of Circuit Court of Albemarle County in Deed
Book 1922, pages 403-411, with a 40-foot right -of-way width, for a length of 0.06 mile.
Total Mileage - 0.35 mile.
18
ATTACHMENT 8
The Board of County Supervisors of Albemarle County, Virginia, in regular meeting on the 20th
day of April 2005, adopted the following resolution:
R E S O L U T I O N
WHEREAS, the street(s) in Church Hill West Subdivision described on the attached Additions
Form SR-5(A) dated April 20, 2005, fully incorporated herein by reference, is shown on plats recorded in
the Clerk's Office of the Circuit Court of Albemarle County, Virginia; and
WHEREAS, the Resident Engineer for the Virginia Department of Transportation has advised the
Board that the street(s) meet the re quirements established by the Subdivision Street Requirements of the
Virginia Department of Transportation.
NOW, THEREFORE, BE IT RESOLVED, that the Albemarle Board of County Supervisors
requests the Virginia Department of Transpor tation to add the road(s) in Church Hill West Subdivision
as described on the attached Additions Form SR-5(A) dated April 20, 2005, to the secondary system of
state highways, pursuant to §33.1-229, Code of Virginia, and the Department's Subdivision Street
Requirements; and
BE IT FURTHER RESOLVED that the Board guarantees a clear and unrestricted right -of -way, as
described, exclusive of any necessary easements for cuts, fills and drainage as described on the
recorded plats; and
FURTHER RESOLVED that a certified copy of this resolution be forwarded to the Resident
Engineer for the Virginia Department of Transportation.
* * * * *
The road(s) described on Additions Form SR-5(A) is:
1) Plains Drive (State Route 1268) from the intersection of Route 240 (Three Notch’d
Road) to the cul -de-sac, as shown on plat recorded 06/30/2001 in the office the Clerk of
Circuit Court of Albemarle County in Deed Book 2149, pages 258 -275, with a 50-foot
right -of-way width, for a length of 0.13 mile.
Total Mileage - 0.13 mile.
19
ATTACHMENT 9
PROFFER FORM
Date: April 20, 2005
ZMA # 2004-0009
Tax Map and Parcel Number(s) 78/55A3
0.757Acres to be rezoned from R-1 to PRD
Pursuant to Section 33.3 of the Albemarle County Zoning Ordinance, the owner, or its duly authorized
agent, hereby voluntarily proffers the conditions listed below which shall be applied to the property, if
rezoned. These conditions are proffered as a part of the requested rezoning and it is agreed that: (1) the
rezoning itself gives rise to the need for the conditions; and (2) such conditions have a reasonable
relation to the rezoning request.
1. The maximum number of Independent Living Cottages on Tax Map 78 Parcel
55A3 (hereinafter, the “Property”) shall be 4 units. No other dwelling units
shall be permitted on the Property.
2. Sidewalks as shown on the Application Plan shall be installed and maintained
by the owner in accordance with County or VDOT standards.
3. During construction the owner shall perform grading in the right -of-way for
Route 250 or immediately adjacent to this right -of-way to facilitate the future
installation of a sidewalk by others which would be part of any reconfiguration
of Route 250 to an “urban cross-section” roadway. If the grading for the
sidewalk would result in the sidewalk being on the Property, it shall be
dedicated for public us e upon request by the County. The owner shall grant
all necessary temporary construction easements for installation of the
sidewalk.
4. The owner shall provide a 15 -ft wide buffer upon the property along its entire
common boundary with the Glenorchy Subdivision as shown on the
Application Plan. The buffer shall be provided when the improvements are
constructed on the Property. The purpose of this buffer will be to ensure the
preservation of an existing mature hedgerow and fieldstone wall along this
common boundary line. No plant removal, other than dead, diseased or
noxious vegetation, shall take place in this area. Only limited grading as
shown on the approved site plans, and only that which does not require the
removal of trees, shall be permitted. New beneficial plant material may be
sensitively introduced to augment the efficacy of the hedgerow as a screening
element. Pedestrian access to this area shall not be restricted.
5. The Owner confirms that the Property is subject to the Pantops Place
Planned Residential Development Declaration of Covenants, Conditions,
Restrictions and Easements filed in the Clerk’s Office of the Circuit Court of
Albemarle County, Virginia in Deed Book 2761 Page 711 (the “Declaration”),
including all maintenance obligations set forth therein. Pursuant to the
Declaration, a community association will be formed for ownership and
maintenance of all areas outside of the building envelopes. Owners of the
development shall be members of this community association.
20
6. The Architectural Design shall be in general accord with Sheet A1 “Building
Elevations, The Cottages at Jefferson Heights, Albemarle County, Virginia,
Tax Map 28 [sic] Parcel 55A3” by Vito Cetta, Architect, Dated June 21, 2004.
Signatures of All Owners Printed Names of All Owners Date
(Signed) _ Weather Hill Homes, Ltd.
By: Marc C. Powell, Vice President April 20, 2005
Owner TMP 78 Parcel 55A3
21
ATTACHMENT 10
ORDINANCE NO. 05-14(1)
AN ORDINANCE TO AMEND CHAPTER 14, SUBDIVISION OF LAND, OF THE CODE OF THE
COUNTY OF ALBEMARLE, VIRGINIA
BE IT ORDAINED By the Board of Supervisors of the County of Albemarle, Virginia, that Chapter 14,
Subdivision of Land, are hereby amended and reordained as follows:
By Amending and Renaming:
Sec. 14-101 Purposes.
Sec. 14-102 Applicability.
Sec. 14-103 Acts prohibited without complying with chapter.
Sec. 14-104 Relation of chapter to other laws and private contracts.
Sec. 14-105 Rules of construction.
Sec. 14-106 Definitions.
Sec. 14-107 Procedure to amend chapter.
Sec. 14-108 Filing of chapter.
Sec. 14-200 Designation of agent; powers and duties.
Sec. 14-201 Designation of commission; powers and duties.
Sec. 14-202 Establishment of site review committee; powers and duties.
Sec. 14-203 Fees.
Sec. 14-204 Enforcement and penalties.
Sec. 14-205 General.
Sec. 14-206 Subdivisions other than rural subdivisions, family subdivisions and
boundary line adjustments.
Sec. 14-207 Rural subdivisions.
Sec. 14-208 Family subdivisions.
Sec. 14-209 Rural subdivisions; procedure.
Sec. 14-210 Family subdivisions; procedure.
Sec. 14-211 Family subdivisions; conditions precedent.
Sec. 14-212 Family subdivisions; conditions of approval.
Sec. 14-213 General.
Sec. 14-214 Period in which to act on preliminary and final plat.
Sec. 14-215 Preliminary application conference.
Sec. 14-216 Submittal of preliminary plat.
Sec. 14-217 Review of preliminary plat by site review committee.
Sec. 14-218 Determining whether agent or commission reviews and acts on
preliminary plat.
Sec. 14-219 Review and action on preliminary plat by agent.
Sec. 14-220 Review and action on preliminary plat by commission.
Sec. 14-221 Submittal of final plat.
Sec. 14-222 Review of final plat by site review committee.
Sec. 14-223 Determining whether agent or commission reviews and acts on final plat.
Sec. 14-224 Review and action on final plat by agent.
Sec. 14-225 Review and action on fin al plat by commission.
Sec. 14-226 Appeal of disapproval of preliminary or final plat; resubmittal.
Sec. 14-227 Effect of approval of preliminary plat.
Sec. 14-228 Period of validity of approved preliminary plat.
Sec. 14-229 Period of validity of approved final plat.
Sec. 14-230 Period of validity of approved plat for phased subdivision.
Sec. 14-231 Extension of period of validity of approved preliminary or final plat.
Sec. 14-232 When private streets in rural areas may be authorized.
Sec . 14-234 Procedure to authorize private street and related matters.
Sec. 14-235 Effect of approval of private street.
Sec. 14-300 Persons authorized to prepare plat.
22
Sec. 14-301 Form and style of plats.
Sec. 14-302 Contents of preliminary plat.
Sec. 14-303 Contents of final plat.
Sec. 14-305 Stormwater management information.
Sec. 14-308 Flood plain and topographic information.
Sec. 14-309 Soil evaluations.
Sec. 14-310 Health director approval of individual private wells and/or septic systems.
Sec. 14-314 Identification of all interests of the county in property.
By Amending, Renumbering (old section number first, followed by new section number) and
Renaming:
Sec. 14-237 Sec. 14-225.1 Waiver of certain requirements by the commission.
Sec. 14-238 Sec. 14-231.1 Changes or revisions to preliminary or final plat.
Sec. 14-239 Sec. 14-208.1 Boundary line adjustments.
Sec. 14-239 Sec. 14-212.1 Boundary line adjustment; procedure.
Sec. 14-239 Sec. 14-212.3 Resubdivision without vacation of plat; procedure.
Sec. 14-240 Sec. 14-212.2 Vacation of plat or part thereof; procedure.
Sec. 14-241 Sec. 14-236 When shared driveways and alleys may be authorized.
Sec. 14-313 Sec. 14-317 Instrument evidencing maintenance of certain improvements.
Sec. 14-401 Sec. 14-424 Contributions for off-site improvements.
Sec. 14-402 Sec. 14-439 Improvements completed at expense of subdivider; exception.
Sec. 14-403 Sec. 14-440 County not obligated to maintain improvements.
Sec. 14-404 Sec. 14-426 Dedication of land for public use.
Sec. 14-405 Sec. 14-427 Reservation of land for public use.
Sec. 14-406 Sec. 14-428 Dedication of streets, alleys, curbs, gutters, sidewalks, stormwater
management facilities, bicycle trails, pedestrian trails.
Sec. 14-408 Sec . 14-430 Dedication of water and sewerage systems.
Sec. 14-409 Sec. 14-431 Easements for stormwater management facilities and drainage control.
Sec. 14-410 Sec. 14-432 Easements for cable television and public services.
Sec. 14-411 Sec. 14-433 Effect of recordation of plat on dedications and certain easements.
Sec. 14-412 Sec. 14-434 Completion of on-site improvements required prior to plat approval.
Sec. 14-413 Sec. 14-435 Surety in lieu of completion of on-site improvements.
Sec. 14-414 Sec. 14-435.1 Surety for maintenance of streets until accepted into state system.
Sec. 14-415 Sec. 14-436 Release of surety.
Sec. 14-416 Sec. 14-437 Effect of acceptance or approval of improvements.
Sec. 14-417 Sec. 14-438 Inspections; right of entry.
Sec . 14-500 Sec. 14-400 Minimum lot requirements.
Sec. 14-503 Sec. 14-402 Lot shape.
Sec. 14-504 Sec. 14-403 Lot frontage.
Sec. 14-505 Sec. 14-404 Lot location to allow access from lot onto street or shared driveway.
Sec. 14-506 Sec. 14-405 Side lot lines.
Sec. 14-507 Sec. 14-406 Remnants.
Sec. 14-508 Sec. 14-407 Block width.
Sec. 14-509 Sec. 14-408 Block orientation.
Sec. 14-510 Sec. 14-409 Coordination and extension of streets.
Sec. 14-511 Sec. 14-411 Standards for public streets only.
Sec. 14-512 Sec. 14-410 Standards for all streets and alleys.
Sec. 14-513 Sec. 14-411 Standards for public streets only.
Sec. 14-514 Sec. 14-412 Standards for private streets only.
Sec. 14-515 Sec. 14-413 Improvement of existing public streets.
Sec. 14-516 Sec. 14-414 Public water and sewerage systems.
Sec. 14-517 Sec. 14-415 Central water and sewerage systems.
Sec. 14-518 Sec. 14-416 Individual private wells and septic systems.
Sec. 14-520 Sec. 14-417 Stormwater management and drainage control facilities.
Sec. 14-5 21 Sec. 14-418 Fire protection.
Sec. 14-522 Sec. 14-419 Landscaping for double frontage lots.
Sec. 14-523 Sec. 14-420 Location of utilities above- and underground.
Sec. 14-524 Sec. 14-421 Monuments.
23
Sec. 14-525 Sec. 14-422 Sidewalks and planting strips.
Sec. 14-526 Sec. 14-423 Street signs.
By Adding:
Sec. 14-208.2 Easement plats.
Sec. 14-212.4 Easement plats; procedure.
Sec. 14-224.1 Waiver of certain requirements by the agent.
Sec. 14-233 When private streets in development areas may be authorized.
Sec. 14-304 Request for critical slopes waiver.
Sec. 14-306 Private streets information.
Sec. 14-311 Infrastructure improvement plans, computations and documents.
Sec. 14-312 Location of existing buildings.
Sec. 14-313 Overlot gradi ng plan.
Sec. 14-316 Approval of entrance onto public streets.
Sec. 14-401 Double frontage lots.
Sec. 14-429 Reservation of land for streets, alleys, walkways, waterways or public
areas shown on map.
By Repealing:
Sec. 14-233 Matters which may be considered in conjunction with request for
authorization to construct private roads.
Sec. 14-236 Review of determination of consistency with comprehensive plan.
Sec. 14-304 Drainage control information.
Sec. 14-306 Sketch plans for utilities , bridges and culverts.
Sec. 14-307 Statements of availability of services.
Sec. 14-311 Approved erosion and sediment control plans or other evidence.
Sec. 14-312 Previously approved plans and existing features and improvements.
Sec. 14-315 Revised master phasing plan.
Sec. 14-400 On-site improvements.
Sec. 14-407 Reservation of land for future right -of -way.
Sec. 14-501 Configuration of lots.
Sec. 14-502 Lot size.
Sec. 14-511 Determining applicable standards for public streets.
Sec. 14-519 Drainage control.
Chapter 14
Subdivision of Land
Article I. General Provisions
Sec. 14-100 Short title.
This chapter shall be known and may be cited as the “Subdivision Ordinance of Albemarle
County, Virginia” or as the “Subdivision Ordinance.”
(Ord. 98-A(1), 8-5 -98)
State law reference --Va. Code § 15.2-2240.
Sec. 14-101 Purposes.
The purposes of this chapter are to:
A. Improve the public health, safety, convenience and welfare of the citizens of the county
by assuring the orderly divi sion of land and its development;
24
B. Provide residential areas with healthy surroundings for family life by assuring that land is
divided and developed in a manner that is harmonious with its surrounding lands;
C. Implement the comprehensive plan and the policies stated in section 1.4 of the zoning
ordinance through the standards and procedures established herein;
D. Assure that the development of the county is consonant with efficient and economical use
of public funds;
E. Assure that all improvements required by this chapter will be designed, constructed and
maintained so as not to become an undue burden on the community; and
F. Establish standards for lot development that are specific to, and most appropriate for, the
lands within the development and rural areas of the county.
(§ 18 -1, 9-5-96, 8-28 -74; § 18-14, 9-5-96, 4-13 -88, 8-28-74, § 2; 1988 Code, § 18 -14; Ord. 98 -A(1), 7-15-
98)
State law reference --Va. Code § 15.2-2240.
Sec. 14-102 Applicability.
This chapter shall apply to all subdivisions of land, the vacation of plats or parts thereof, and the
establishment of easements required by this chapter. This chapter does not apply to divisions of land
resulting from an order entered by a court of equity requiring that land be partitioned, or from the exercise
of the power of eminent domain by any public agency.
(Ord. 98-A(1), 7-15-98)
State law reference --Va. Code § 15.2-2240.
Sec. 14-103 Acts prohibited without complying with chapter.
Unless this chapter and Article 6, Cha pter 22 of Title 15.2 of the Code of Virginia are complied
with:
A. A person shall not subdivide land vacate a plat, or establish an easement required by this
chapter.
B. Neither a subdivision plat, an easement plat, nor a plat or other document vacating a plat
shall be recorded unless and until it has been signed by the agent and it is valid at the time of recordation.
If a portion of the property lies in another locality having a subdivision ordinance, no plat shall be recorded
unless and until it has also been submitted to and approved by that locality.
C. A person shall not sell or transfer any land of a subdivision before a plat has been duly
approved and recorded as provided in this chapter, unless the subdivision was lawfully created prio r to
the adoption of a subdivision ordinance applicable thereto. However, the prohibited act stated in this
paragraph does not prevent the recordation of the instrument by which the land is transferred or the
passage of title as between the parties to the instrument.
D. The clerk of any court shall not file or record a subdivision plat, an easement plat, or a
plat or other document vacating a plat until the plat or document has been approved as provided in this
chapter and it is valid at the time of recor dation.
E. Nothing in this chapter shall affect the power of a court of equity to order that property be
partitioned.
(§ 18 -3, 9-5-96, 8-28 -74 (§ 10); § 18-11, 9-5-96, 8-28-74 (§ 2); § 18-41 (part), 9-5 -96, 8-28-74, § 3; 1988
Code, §§ 18-3, 18-11, 18 -41; Ord. 98-A(1), 7-15 -98)
State law reference --Va. Code § 15.2-2254.
25
Sec. 14-104 Relation of chapter to other laws and private contracts.
The requirements of this chapter are:
A. Separate from, but supplementary to, all other applicable requirements of the Code.
Compliance with the requirements of this chapter shall not be deemed to be compliance with other
applicable ordinances or regulations.
B. Separate from, but supplementary to, all other applicable requirements of state or federal
law. If the requirements of this chapter are in direct conflict with mandatory state or federal requirements,
then the state or federal requirements shall apply.
C. Separate from the requirements, terms or conditions of any private easement, covenant,
agr eement or restriction. Neither the county nor any of its officers, employees or agents shall have any
duty to enforce a private easement, covenant, agreement or restriction.
(9-5-96, 12 -21-83; 4-6-77, 8-28-74; 1988 Code, 18 -7; Ord. 98-A(1), 7-15-98)
State law reference --Va. Code § 15.2-2240.
Sec. 14-105 Rules of construction.
This chapter protects paramount public interests and shall be liberally construed to effectuate its
several purposes. In addition to the rules of construction set forth in section 1-101 of the Code, the
following rules of construction apply to the construction of this chapter, unless the application would be
contrary to the purposes of this chapter or the context clearly indicates otherwise:
A. All references to any stat ute, regulation, guideline, manual or standard are to that statute,
regulation, guideline, manual or standard as it exists on the date of adoption of this chapter, and includes
any amendment thereafter or reissue in a subsequent edition.
B. The word “d ays” means calendar days.
C. All distances and areas shall be measured in a horizontal plane.
D. The word “current” means the point in time at which a matter is under consideration and
shall not mean the date of the adoption of this chapter.
E. The word “street,” when not preceded by either “public” or “private,” means either a public
street or a private street.
F. All references to “waivers” include waivers, modifications, substitutions and variations, as
may be applicable.
(9-5-96, 4-13 -88, 2-4 -81, 3-29 -78, 12-15 -76, 4-21-76, 8-28 -74; 1988 Code, § 18 -2 (part); Ord. 98-A(1), 7-
15-98)
Sec. 14-106 Definitions.
The following definitions shall apply in the interpretation and enforcement of this chapter:
Agent. The term “agent” means the director of zoning and current development within the
department of community development.
Alley. The term “alley” means a form of vehicular travelway providing access to the rear and/or
side lot line of abutting properties which front along streets. An alley is privately owned and maintained,
is intended to be used primarily by the owners and occupants of the abutting properties and persons and
vehicles providing services to those properties, including emergency services vehicles, and is not
intended for through traffic. An alley is not a “private street.”
26
Amenity. The term “amenity” means an area of activity designed principally for, and accessible
to, persons residing or working within a subdivision. Areas of activity may be either indoors or outdoors,
including but not limited to swimming pools and tennis, volleyball and basketball courts. An outdoor area
of activity may be a passive or an active area, including but not limited to playgrounds, pedestrian paths
through natural areas, courtyards, and paved pedestrian areas for gathering. An indoor area of activity
includes, but is not limited to, gyms, weight rooms, indoor swimming pools, indoor basketball courts, and
other indoor recreational areas. Amenities may be located in required green spac e and be included in
both required green space and amenity calculations.
Architect. The term “architect” means a person licensed to practice as an architect in the
Commonwealth of Virginia.
State law reference --Va. Code § 54.1-400.
Attached housing development . The term “attached housing development” means a
development in which two or more dwelling units are proposed to adjoin along common lot lines.
Boundary line adjustment . The term “boundary line adjustment” means a type of subdivision in
which one or more lot lines are relocated or altered so that the land exchanged is added to and becomes
part of an existing lot.
Building. The term “building” means any structure having a roof supported by columns or walls.
Central sewerage system. The term “central sewerage system” means a sewerage system
consisting of pipelines or conduits, pumping stations, force mains or sewage treatment plants, including
but not limited to septic tanks and/or conventional drain fields or any of them, designed to serve three or
more connections used for conducting or treating sewage, which is required to be approved by the board
of supervisors pursuant to Article 4, Chapter 21 of Title 15.2 of the Code of Virginia.
State law reference --Va. Code § 15.2-2126.
Central water system. The term “central water system” means a water supply system consisting
of a well, springs or other source and the necessary pipes, conduits, mains, pumping stations and other
facilities in connection therewith, to serve or to be capable of serving three or more connections, which is
required to be approved by the board of supervisors pursuant to Article 6, Chapter 21 of Title 15.2 of the
Code of Virginia.
State law reference --Va. Code § 15.2-2149.
Certified landscape architect. The term “certified landscape architect” means a person licensed
to practice as a certified landscape architect in the Commonwealth of Virginia.
State law reference --Va. Code § 54.1-400.
Commission. The term “commission” means the Albemarle County planning commission.
Common area. The term “common area” means an area shown on a plat that is not a platted lot
for sale but is either owned, or will be owned, in common by the lot owners within the subdivision or, if it is
not owned in common, it is available for the common use of the lot owners within the subdivision.
Control point . A known latitude/longitude (or X/Y) geographic location obtained in the field using
either a global positioning system or other location-determining equipment, acquired in a manner that will
yield an X,Y position that can be demonstrated to have submeter accuracy, and whose position
coordinates are expressed relative to the North American Datum of 1983 (NAD 83).
County attorney. The term “county attorney” means the Albemarle County attorney or his
designee.
County engineer. The term “county engineer” means county engineer within the department of
community development or his designee.
27
Development areas . The term “development areas” means those parts of the county designated
as a development area on the Albemarle County comprehensive plan map adopted by the board of
supervisors.
Drainage control. The term “drainage control” means the removal, collection or conveyance of
runoff from or on the property through structural facilities or other measures.
Driveway. The term “driveway” means a form of vehicular access from a street or alley to the
interior of a lot.
Dwelling unit. The term “dwelling unit” means a single unit providing complete, independent living
facilities for one (1) or more persons, and which has permanent provisions for living, sleeping, eating,
cooking and sanitation.
Easement . The term “easement” means a reservation or grant by a property owner of the use of
land for a specific purpose or purposes, ot her than a license revocable by the unilateral act of the grantor.
Easement plat . The term “easement plat” means the schematic representation of an easement
subject to review and approval by the county under this chapter, which includes a statement of the
specific purpose for which the easement is established.
Family subdivision. The term “family subdivision” means the single division of property for the
purpose of sale or gift to a member of the immediate family of the owner of the property.
Frontage. The term “frontage” means the continuous uninterrupted distance along which a parcel
abuts an adjacent street.
Health director. The term “health director” means the health director of the Thomas Jefferson
Health District or his designee.
Highway engineer. The term “highway engineer” means the resident highway engineer of the
county employed by the Virginia Department of Transportation.
Improvement . The term “improvement” means all public utilities and facilities required by this
chapter, including, but not limited to, streets, turnarounds, traffic signalization and controls, sanitary
sewers, stormwater management and erosion control facilities, drainage control facilities, water systems,
curbs, curbs and gutters, and sidewalks, regardless of whet her such utilities and facilities are publicly or
privately owned and/or maintained.
K value. The term “K value” means the coefficient by which the algebraic difference in grade may
be multiplied to determine the length in feet of the vertical curve.
Land surveyor. The term “land surveyor” means any person licensed to practice as such in the
Commonwealth of Virginia.
State law reference --Va. Code § 54.1-400.
Lot. The term “lot” means a lawfully created separate unit, division or piece of land shown on a
plat of record or described by metes and bounds or other legal description, and is synonymous with the
words “tract”, “parcel” and “plot”.
Lot, corner. The term “corner lot” means a lot abutting on two (2) or more streets at their
intersection.
Lot, depth of. The term “depth of lot” means the mean horizontal distance between the front and
rear lot line.
Lot, double frontage. The term “double frontage lot” means an interior lot having frontage on two
streets or frontage on one street and less than twenty (20) feet of common area between the rear of the
lot and the second street, and having a depth of less than three hundred fifty (350) feet.
Lot, interior. The term “interior lot” means a lot other than a corner lot.
28
Lot, width of. The term “width of lot” means the mean horizontal distance between the side lot
lines.
Member of the immediate family. The term “member of the immediate family” means the natural
or legally defined off -spring, grandchild, grandparent, or parent of the owner of property.
Natural stream. The term “natural stream” means a nontidal waterway that is part of the natural
topography, which typically will maintain a continuous, seasonal or intermittent flow during the year, and
which is characterized as being irregular in cross-section with a meandering course. A constructed
channel such as a drainage ditch or swale is not a natural stream.
Non -building lot: A lot intended for the following uses: wells, septic systems (including
conventional drain fields), stormwat er management facilities, open space, common area, or pre -existing
cemetery, but which does not contain a building site, and need not have a development right assigned.
Open space. The term “open space” means an area containing water or land or a combination
thereof that is unoccupied by building lots or streets, and which may be vegetated, developed with
amenities or utilities, or left in an undisturbed state.
Person. The term “person” means a natural person, corporation, partnership, sole proprietorship,
trust, trustee, joint venture, or any other entity.
Phased subdivision. The term “phased subdivision” means a subdivision for which a preliminary
plat is approved for the entire property, and for which two or more final plats, individually pertaining to less
than the entire property, are submitted sequentially for review and approval.
Planting strip. The term “planting strip” means the required area between a street and the
sidewalk where street trees or the landscaping equivalent are located.
Plat . The term “plat” means a schematic representation of land divided or to be divided.
State law reference --Va. Code § 15.2-2201.
Plat, final. The term “final plat” means a plat upon which the plan for a subdivision is presented
for approval pursuant to this chapter, whether preceded by an approved preliminary plat or not, and which
is in final form for recording.
Plat, preliminary. The term “preliminary plat” means a plat upon which the plan for a subdivision
is presented for approval as a preliminary plat pursuant to this chapter, and which is not in final form for
recording.
Professional engineer. The term “professional engineer” means a person licensed to practice as
a professional engineer in the Commonwealth of Virginia.
State law refe rence --Va. Code § 54.1-400.
Program authority. The term “program authority” means the department of community
development. Except where the context clearly indicates otherwise, the term “program authority” includes
any officer or employee of the depart ment of community development authorized by the county engineer
to act pursuant to the water protection ordinance of Albemarle County, Virginia, as codified in chapter 17
of the Code.
Property. The term “property” means one or more lots collected together for the purpose of
subdividing.
Public sewerage system. The term “public sewerage system” means any sewerage system
consisting of pipelines or conduits, pumping stations, force mains or sewerage treatment plants, or any of
them, operated by, for, or under the authority of the Albemarle County Service Authority or the Rivanna
Water and Sewer Authority.
29
Public water system. The term “public water system” means a water supply system consisting of
a well, springs or other source and the necessary pipes , conduits, mains, pumping stations and other
facilities in connection therewith, operated by, for, or under the authority of the Albemarle County Service
Authority or the Rivanna Water and Sewer Authority.
Remnant . The term “remnant” means any lot, other than one established as a non -building lot,
which does not meet the minimum lot requirements of this chapter and the zoning ordinance.
Resubdivision. The term “resubdivision” means the division of land by subdivision, where the
land being subdivided is the subject of a previously approved and recorded subdivision plat.
Runoff. The term “runoff” means the portion of precipitation which is not immediately absorbed or
infiltrated into the ground and which is discharged across the land surface or thr ough conveyances to one
or more waterways.
Rural areas . The term “rural areas” means those parts of the county designated as a rural area
on the Albemarle County comprehensive plan map adopted by the board of supervisors.
Rural subdivision. The term “rural subdivision” means a type of subdivision that is located in the
rural areas which results in two or more lots for the purpose of transfer of ownership or building
development, such that: (i) each lot created is at least five (5) acres in area; an d (ii) each lot created has
at least two hundred fifty (250) feet of frontage on an existing public street which is part of the primary
system or secondary system of state highways.
Service authority. The term “service authority” means the Albemarle County Service Authority.
Shared driveway. The term “shared driveway” means a vehicular access to only two lots which
have frontage on a street and which are authorized pursuant to section 14-236.
Sidewalk . The term “sidewalk” means a paved pedestrian way designed to meet Virginia
Department of Transportation or county standards as provided in this chapter.
Site review committee. The term “site review committee” means a committee established
pursuant to section 14 -202 and composed of representatives of the department of community
development, the department of fire and rescue, the architectural review board, the service authority, the
Virginia Department of Health, the Virginia Department of Transportation, and the United States
Department of Agriculture Natural Resource Conservation Service.
Staff. The term “staff” means employees of the county.
State waters . The term “state waters” means all waters on the surface and under the ground,
wholly or partially within or bordering the Commonwealth or within its jurisdiction.
Stormwater management . The term “stormwater management” means the control of runoff or its
effects through structural or other measures.
Street, private. The term “private street” means any street or other way or means of vehicular
access approved as a “private street” pursuant to sections 14 -232 through 14 -235 or as a “private road”
under any prior ordinance regulating the subdivision of land, that is not designed, constructed, bonded or
approved to be maintained by the Virginia Department of Transportation as part of the secondary system
of state highways, regardless of ownership. Any street identified on a recorded plat as a restricted road,
access road or other designation which was not approved by the county as a pri vate street or a private
road as described herein is not a private street.
Street, public. The term “public street” means a street which is encompassed by a right -of-way
dedicated to public use and approved to be maintained by the Virginia Department of Transportation as a
part of the primary or secondary system of state highways. Any requirement of this chapter that refers to
an existing public street shall mean a public street maintained by the Virginia Department of
Transportation.
30
Street right -of-way. The term “street right -of-way” means the total width of the strip of land
dedicated or reserved for travel, including pavement, and which also includes, but is not limited to, curbs
and gutters, shoulders, ditches, sidewalks, bicycle paths, planting strips and, where necessary, utility
easements.
Subdivide. The term “subdivide” means the process of dividing land to establish a subdivision.
Subdivider. The term “subdivider” means one or more persons who own property to be
subdivided, and his successors in interest.
Subdivision. The term “subdivision” means any division of land, and includes resubdivisions,
rural subdivisions, family subdivisions, and the establishment of a condominium regime. For purposes of
this chapter, a boundary line adjustment is also a “subdivision.”
References to a subdivision in this chapter include, in the appropriate context, a proposed
subdivision.
State law reference --Va. Code § 15.2-2201.
Submit. The term “submit” means to pay the applicable required fee and to have an application
or other required document marked by the County as “received.”
Survey. The term “survey” means a graphic description of land showing existing conditions,
improvements, and water features.
Turnaround. The term “turnaround” means an area for vehicles to reverse movement at the end
of a street.
Virginia Department of Transportation standards. The term “Virginia Department of
Transportation standards” means one or more applicable standards or requirements of the Virginia
Department of Transportation pertaining to the design or construction of any public street and any
improvement related thereto. Virginia Department of Transportation standards include, but are not limited
to, those standards and requirements set forth in its Road Design Manual, Road and Bridge Standards,
and Subdivision Street Requirements.
Water protection ordinance. The term “water protection ordinance” means the water protection
ordinance of Albemarle County, Virginia, as codified in chapter 17 of the Cod e.
X, Y position. The term “X, Y position” means a two dimensional point representation of a
latitude/longitude location.
Zoning ordinance. The term “zoning ordinance” means the zoning ordinance of Albemarle
County, Virginia, as codified in chapter 18 of the Code.
Any term used in this chapter which is not defined in this section shall be given its common and
ordinary meaning unless the term has been defined elsewhere in the Code or by statute, regulation or by
the Virginia Supreme Court or the Virginia Court of Appeals, and the definition is applicable to the context
in which the term is used.
(§ 18 -2 (part) 9-5-96, 4-13 -88, 7-9 -86, 3-29-78, 12 -15 -76, 4-21-76; § 18 -56, 9-5 -96, 10-17 -79, 8-28-74;
1988 Code, §§ 18 -2, 18 -56; Ord. 98 -A(1), 7-15 -98; Ord. 02 -14(1), 2-6-02)
State law reference --Va. Code § 15.2-2252.
Sec. 14-107 Procedure to amend chapter.
This chapter may be amended in whole or in part by the board of supervisors, as follows:
31
A. The commission on its own initiative may, or at the request of the board of supervisors
shall, prepare amendments to this chapter.
B. The commission shall make a recommendation for any amendment prior to approval by
the board of supervisors. If the commission fails to make a recommendation within sixty (60) days of the
date the amendment was referred to the commission, the board of supervisors may adopt the
amendment without the recommendation of the commission.
C. Prior to adoption of an amendment by the board of supervisors, a notice of intention shall
be published and a public hearing shall be held in accordance with Virginia Code § 15.2-2204.
(9-5-96, 8-28 -74 (§ 13); 1988 Code, § 18-5; Ord. 98-A(1), 7-15-98)
State law reference --Va. Code § 15.2-2253.
Sec. 14-108 Filing of chapter.
A certified copy of this chapter and all amendments hereto shall be filed in the office of the clerk
to the board of supervisors, the department of community development, and in the office of the clerk of
the circuit court of the county.
(Ord. 98-A(1), 7-15-98)
St ate law reference --Va. Code § 15.2-2252.
Article II. Administration and Procedure
Division 1. Administration
Sec. 14-200 Designation of agent; powers and duties.
The director of current development and zoning within the department of community development
is hereby designated as the agent of the board of supervisors for the purposes of administering and
enforcing this chapter. The agent shall have the following powers and duties:
A. To administer and enforce this chapter and, in so doing, to make all determinations and
findings and impose all requirements; except that the agent shall have no authority to modify, vary or
waive, nor accept substitution for, any requirement of this chapter unless expressly provided.
B. To approve all plats, unless the plat is referred to the commission.
C. To interpret this chapter, and to request opinions or decisions, either verbal or written,
from the site review committee, other departments of the county, from other officials and departments of
the Common wealth of Virginia, and from other qualified persons as may from time to time be retained.
D. To consult with and advise the commission on matters contained in this chapter.
E. To establish procedures to govern the administration of this chapter which are deemed
by the agent to be necessary for its proper administration including, but not limited to,delegating one or
more duties set forth in this section. The procedures shall be consistent with this chapter and Article 6,
Chapter 22 of Title 15.2 of the Code of Virginia.
(9-5-96, 8-28 -74 (§ 2); 1988 Code, § 18-10; Ord. 98-A(1), 7-15-98)
State law reference --Va. Code §§ 15.2-2241(9), 15.2 -2255, 15.2 -2259.
Sec. 14-201 Designation of commission; powers and duties.
32
The commission is hereby designat ed the approval body for any preliminary or final subdivision
plat when the plat is referred to the commission as provided in sections 14 -220 and 14-225. In addition,
the commission shall have the following powers and duties in the administration of this chapter:
A. To initiate amendments to this chapter and to make recommendations on the
amendments and on proposed amendments referred to it by the board of supervisors.
B. To approve waivers when those matters are referred to the commission as provi ded in
this chapter.
C. To consult with and advise the agent on matters contained in this chapter.
(Ord. 98-A(1), 7-15-98)
State law reference --Va. Code §§ 15.2-2241(9), 15.2 -2255, 15.2 -2259.
Sec. 14-202 Establishment of site review committee; powers and duties.
A site review committee is hereby established, and shall have the following duties:
A. To meet from time to time to review preliminary and final subdivision plats as provided in
sections 14-217 and 14-222.
B. To transmit to the agent the requirements and recommendations it has identified relative
to each preliminary plat, and to transmit to the agent its recommendations relative to each final plat.
C. To propose rules for the conduct of its business to the agent, which shall be established
and approved as administrative procedures under section 14 -200(E).
(Ord. 98-A(1), 7-15-98)
State law reference --Va. Code §§ 15.2-2241(9), 15.2 -2255.
Sec. 14-203 Fees.
Each subdivider shall pay a fee upon the submittal of a plat or other application, based on the
schedule below; provided that neither the county nor the county school board shall be required to pay any
fee if it is the applicant. The fee shall be in the form of cash or a check payable to the “County of
Albemarle.”
A. Preliminary plat for subdivision:
1. If subject to review by the commission:
(a) 1 to 9 lots: $720.00.
(b) 10 to 19 lots: $1,100.00.
(c) 20 or more lots: $1,330.00.
2. If subject to review by the agent:
(a) Two -lot subdivision as described in section 14 -232(B)(2) or if all lots front
on an existing public street: $95.00.
(b) 1 to 9 lots: $360.00.
(c) 10 to 19 lots: $550.00.
(d) 20 or more lots: $670.00.
3. Reinstatement of review: $65.00.
4. Each filing of a preliminary plat, whether or not a preliminary plat for the same
property has been filed previously, shall be subject to the same requirements.
B. Final plat for subdivision:
33
1. If subject to review by the commission:
(a) 1 to 9 lots: $720.00.
(b) 10 to 19 lots: $1,100.00.
(c) 20 or more lots: $1,330.00.
2. If subject to review by the agent:
(a) Two -lot subdivision as described in section 14 -232(B)(2) or if all lots front
on an existing public street: $95.00.
(b) 1 to 9 lots: $360.00.
(c) 10 to 19 lots: $550.00.
(d) 20 or more lots: $670.00.
3. Condominium plat: $100.00.
4. Reinstatement of review: $65.00.
5. In addition to the foregoing, if the subdivider is required to construct a street, he
shall pay to the county a fee equal to the cost of the inspection of the
construction of any such street. These fees shall be paid prior to completion of
all necessary inspections and shall be deemed a part of the cost of construction
of the street for purposes of section 14-435(B).
C. Plat for rural subdivision, family subdivision, resubdivision, or boundary line adjustment:
$95.00.
D. Easement plat: $95.00.
E. Other matters subject to review:
1. Waiver after approval of preliminary plat: $180.00.
2. Relief from plat conditions imposed by commission prior to the date of adoption
of this chapter: $180.00.
3. Appeal of plat to board of supervisors: $240.00.
4. Extension of plat approval: $45.00.
5. Bonding inspection for plat: $60.00.
6. Vacation of plat or part thereof: $170.00.
7. Review of groundwater assessment information required by section 14- 308.1:
(a) Tier 2 assessment under section 17 -402: $250.00 plus $25.00 per lot.
(b) Tier 3 assessment under section 17 -403: $400.00 plus $25.00 per lot.
(c) Tier 4 assessment under section 17 -404: $1,000.00.
(9-5-96, 12 -11-91, 6-7-89, 4-17-85, 12 -1 -82, 12-14 -77, 3-2 -77, 11-10-76, 8-28 -74 (§ 3); 1988 Code, § 18-
43; Ord. 98-A(1), 7-15 -98; Ord. 99-14(1), 6-16 -99; Ord. 02-14(2), 7-3-02; Ord. 04-14(1), adopted 12-8-04,
effective 2-8-05)
State law reference --Va. Code § 15.2-2241(9).
Sec. 14-204 Enforcement and penalties.
34
A violation of any provision of this chapter shall be enforced as follows:
A. Any person, whether as principal, agent, employee or otherwise, who vi olates any
provision of this chapter shall be subject to a fine of not more than five hundred dollars ($500.00) for each
lot so divided or transferred or sold and shall be required to comply with all provisions of this chapter.
The description of one or more lots by metes and bounds in an instrument of transfer or other document
used in the process of selling or transferring shall not exempt the transaction from the penalties or
remedies herein provided.
B. The board of supervisors may institute any appropriate action or proceeding, at law or in
equity, to prevent a violation or attempted violation, to restrain, correct, or abate a violation or attempted
violation, or to prevent any act which would constitute a violation, of this chapter.
C. No permit shall be issued by any administrative officer of the county for the construction
of any building, structure, or improvement requiring a permit upon any land for which an approval
pursuant to this chapter is required, unless and until the person seeking the permit complies with the
requirements of this chapter.
(9-5-96, 8-28 -74 (§ 11); 1988 Code, § 18-9; Ord. 98-A(1), 7-15-98)
State law reference --Va. Code § 15.2-2255.
Division 2. Provisions of Chapter Applicable to
Subdivisions and Easement Plats
Sec. 14-205 General.
This division delineates the requirements of this chapter applicable to subdivision and easement
plats.
(Ord. 98-A(1), 7-15-98)
State law reference --Va. Code § 15.2-2240.
Sec. 14-206 Subdivisions other than rural subdivisions, family subdivisions and boundary line
adjustments.
The following sections of this chapter shall apply to each subdivision other than rural
subdivisions, family subdivisions and boundary line adjustments:
A. Subdivisions that would result in two (2) or more lots in the development areas or three
(3) or more lots in the rural areas . For subdivisions that would result in two (2) or more lots in the
development areas or three (3) or more lots in the rural areas, the following sections shall apply:
1. General: Sections 14 -100 through 14 -108.
2. Administration and procedure: Sections 14 -200 through 14 -204, and 14 -213
through 14-236.
3. Plat requirements and documents to be submitted: Sections 14-300 through 14 -
317.
4. On-site improvements and design: Sections 14 -400 through 14 -440.
B. Subdivisions that would result in two (2) lots in the rural areas . For subdivisions that
would result in two (2) lots in the rural areas, the following sections shall apply:
1. General: Sections 14 -100 throu gh 14 -108.
2. Administration and procedure: Sections 14 -200 through 14 -204, and 14 -213.
35
3. Plat requirements and documents to be submitted: Sections 14-300 through 14 -
317.
4. On-site improvements and design: Sections 14 -400 through 14 -404, 14 -412, 14 -
414 through 14-417, 14-421 and 14-424.
(Ord. 98-A(1), 7-15-98; Ord. 01-14(1), 5-9 -01)
State law reference --Va. Code § 15.2-2241(9).
Sec. 14-207 Rural subdivisions.
The following sections of this chapter shall apply to each rural subdivision:
A. General: Sections 14 -100 through 14 -108.
B. Administration and procedure: Sections 14 -200 through 14 -204 and sections 14 -209, 14 -
226, 14-229 and 14-236.
C. Plat requirements and documents to be submitted: Sections 14-300, 14 -301, 14 -
302(A)(1),(3), (4), (5), (6), (7), (9), (10), (11), (14) and (15), 14-302(B)(1), (2), (4), (5), (6), (7), (8), (9) and
(10), 14-303(A), (B), (C), (D), (E), (F), (H), (I), (L), (O) and (P); 14 -304, 14 -305(B), 14-308.1, 14-309, 14-
310, 14-312, 14 -314 and 14-316.
D. On-site improvements and design: Sections 14-400, 14-403, 14 -406, 14 -414, 14 -416, 14 -
421, 14-426, 14 -427, 14 -433 and 14-438.
(9-5-96, 7-9-86, 12 -21-83, 2-4 -81, 5-2 -79, 11-13 -74, 8-28-74; 1988 Code, § 18-13(b); Ord. 98 -A(1), 7-15 -
98)
State law reference --Va. Code § 15.2-2241(9).
Sec. 14-208 Family subdivisions.
The following sections of this chapter shall apply to each family subdivision, when applicable:
A. General: Sections 14 -100 through 14 -108.
B. Administration and procedure: Sections 14 -200 through 14 -204, 14 -208, 14 -210, 14 -211,
14-212, 14-226, 14-229, 14-232(B) and 14-236.
C. Plat requirements and documents to be submitted: Sections 14-300, 14 -301, 14 -
302(A)(1), (3), (4), (5), (6), (7), (9), (10), (11), (13), (14) and (15), 14-302(B)(1), (2), (4), (5), (6), (7), (8),
(9) and (10), 14-303(A), (B), (C), (D), (E), (F), (H), (I), (L), (M), (N), (O), (P), (Q) and (S), 14 -304, 14 -
305(B), 14 -308.1, 14 -309, 14 -310, 14 -312, and 14 -314.
D. On-site improvements and design: Sections 14-400, 14-401, 14 -402, 14 -403; if a private
street will be constructed as authorized by section 14-232(B)(1), then also sections 14 -316, 14 -406, 14 -
410(F) and 14-412(A)(4); if any part of the property within a proposed family subdivision is within the
jurisdictional area of the service authority, then also section 14-414, but if not, each lot, including a lot not
required to connect to public sewer service pursuant to section 14-414, which is less than five (5) acres,
shall comply with the requirements of sections 14-416, 14-421 and 14-426 through 14-440.
(§ 18 -57 (part), 9-5-96, 1-3-96, 4-13 -88, 12-21 -83, 10-17-79, 8-28 -74; § 18-58 (part), 9-5-96, 8-28-74;
1988 Code, §§ 18 -57, 18-58; Ord. 98-A(1), 7-15-98)
State law reference --Va. Code §§ 15.2-2241(9), 15.2 -2244(C).
Sec. 14-208.1 Boundary line adjustments.
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The following sections shall apply to each boundary line adjustment, when applicable:
A. General: Sections 14-100 through 14-108.
B. Administration and procedure: Sections 14 -200 through 14 -204, 14 -212.1, 14 -224.1, 14 -
225.1, 14-226 and 14-229.
C. Plat requirements and documents to be submitted: Sections 14-300, 14 -301, 14 -
302(A)(1), (2), (3), (4), (5), (6), (7), (9), (10), (11), (14) and (15), 14 -302(B)(1), (2), (4), (5), (6), (7), (9) and
(10), 14-303(A), (B), (C), (D), (E), (F), (G), (H), (I), (L), (O) and (P); if any resulting lot will be less than five
(5) acres, the soil evaluation required by section 14-309, 14-310, 14-312 and 14-314.
D. Onsite improvements and design: Sections 14-400, 14-405, 14-406, 14-416, 14-421 and
14-426 through 14-429, 14-433 and 14 -438.
(9-5-96, 8-28 -74 (§ 3); 1988 Code, § 18-15; Ord. 98-A(1), 8-5 -98, § 14-239(part))
Sec. 14-208.2 Easement plats.
The following sections shall apply to each easement plat, when applicable:
A. General: Sections 14-100 through 14-108.
B. Administration and procedure: Sections 14 -200 through 14 -204, 14 -212.4, 14 -226 and
14-229.
C. Plat requirements and documents to be submitted: Sections 14-300, 14 -301, 14 -
302(A)(1), (2), (3), (4), (5), (6), (11) and (15), 14-302(B)(1), (2), (4), (5), (6), (7), (9) and (10), 14 -303(A),
(B), (C), (E), (F), (H), (I), (L), (O) and (P), 14 -312 and 14-314.
D. Onsite improvements and design: Sections 14-433 and 14-438.
Division 3. Procedures for Rural Subdivisions,
Family Subdivisions, Boundary Line Adjustments, Vacations and Easement Plats
Sec. 14-209 Rural subdivisions; procedure.
Each plat for a rural subdivision shall be submitted, reviewed and approved as follows:
A. The plat shall meet the standards for plats set forth in Virginia Code § 42.1-82.
B. Within sixty (60) days after submittal of the plat, the agent shall determine whether it
complies with the applicable requirements of this chapter. If the agent determines that the plat complies,
he shall approve the plat. If the agent determines that the plat does not comply, he shall inform the
subdivider in writing of the reasons for the denial, with citation to the applicable section of this chapter or
other law, and what corrections or modifications will permit approval. The agent shall either mail the
notice of denial by first class mail, or personally deliver it, to the subdivider. However, if the plat requires
approval by any agency, department or authority other than the county, and no evidence is provided at
the time the plat is submitted that approval has been obtained, the agent shall approve or disapprove the
plat within thirty-five (35) days after receipt of approval from the agency, department or authority provided
that the plat shall be approved or denied not later than ninety (90) days after resubmittal of the plat.
(§ 18 -13 (part), 9-5-96, 12 -21-83; § 18 -57 (part), 9-5-96, 1-3-96, 4-13 -88, 12-21 -83, 10-17-79, 8-28 -74; §
18-58 (part), 9-5 -96, 8-28-74; 1988 Code, §§ 18-13, 18 -57, 18-58; Ord. 98-A(1), 7-15-98)
State law reference --Va. Code §§ 15.2-2241(9), 15.2 -2258.
Sec. 14-210 Family subdivisions; procedure.
Each plat for a family subdivision shall be submitted, reviewed and approved as follows:
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A. The plat shall meet the standards for plats set forth in Virginia Code § 42.1-82. If land is
to be transferred to a member of the immediate family owning an abutting lot as part of a family
subdivision, the land shall be combined with the abutting lot and shall be so noted on the plat by
appropriate symbol and wording.
B. Within sixty (60) days after submittal of the plat, the agent shall determine whether it
complies with the applicable requirements of this chapter. If the agent determines that the plat complies,
he shall approve the plat. If the agent determines that the plat does not comply, he shall inform the
subdivider in writing of the reasons for the denial, with citation to the applicable section of this chapter or
other law, and what corrections or modifications will permit approval. The agent shall either mail the
notice of denial by first class mail, or personally deliver it, to the subdivider. However, if the plat requires
approval by any agency, department or authority other than the county, and no evidence is provided at
the time the plat is submitted that approval has been obtained, the agent shall approve or disapprove the
plat within thirty-five (35) days after receipt of approval from the agency, department or authority, provided
that the plat shall be approved or denied not later than ninety (90) days after submittal of the plat.
C. The approval of a plat for a family subdivision shall be subject to the conditions of
approval set forth in section 14-212.
(9-5-96, 8-28 -74; 1988 Code, § 18 -58; Ord. 98-A(1), 7-15 -98)
State law reference --Va. Code §§ 15.2-2241(1), 15.2 -2241(9), 15.2-2244(C), 15.2-2258.
Sec. 14-211 Family subdivisions; conditions precedent.
A family subdivision shall be approved only if, in addition to satisfying all other applicable
requirements of this chapter, the agent is satisfied that:
A. Only one lot is created for transfer by sale or gift to the same family member.
B. The subdivider has not previously divided any other land within the county by family
subdivision for transfer by sale or gift to the same family member.
C. Each lot proposed to be created complies with all applicable requirements of the zoning
ordinance.
D. The family subdivision is not sought for the purpose of circumvent ing the requirements of
this chapter applicable to subdivisions. In determining whether a family subdivision is sought for the
purpose of circumventing the requirements of this chapter, the agent shall consider the following factors,
among others:
1. Whether the subdivision promotes the cohesiveness of the family;
2. Whether the subdivision is profit motivated for short -term investment purposes;
3. The length of time the subdivider has owned the property; and
4. Whether, after the family subdivision is approved, a lot created by the family
subdivision is conveyed back to the grantor or to a third party.
(9-5-96, 1-3-96, 4-13 -88, 12-21-83, 10 -17-79, 8-28 -74; 1988 Code, § 18 -57; Ord. 98-A(1), 7-15 -98)
State law reference --Va. Code § 15.2-2244(C).
Sec. 14-212 Family subdivisions; conditions of approval.
Each approval of a plat for a family subdivision shall be subject to the following conditions:
A. No lot created by the family subdivision, including the residue, may be transferred, except
by devise, descent or operation of law, to a person other than an eligible member of the immediate family
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of the subdivider, for a period of two (2) years from the date of recordation of the plat, except for purposes
of securing any purchase money and/or construction loan, including bona fide refinancing, provided that
the spouse of the member of the immediate family to whom a lot is transferred may be a co-grantee and
co-owner of the lot. If the lot created is conveyed back to the grantor within the two (2) year period, it
shall be recombined with the parent lot within six (6) months after such conveyance. No building permits
shall be issued for the lots until they are recombined.
B. The entrance of the principal means of access for each lot onto any public street shall
comply with Virginia Department of Transportation standards and be approved by the Virginia Department
of Transportation.
C. The following note shall be added to each plat for a family subdivision: “No lot shown on
this family subdivision plat may be sold or conveyed to a person other than an eligible ‘member of the
immediate family,’ as that term is defined in Chapter 14 of the Albemarle County Code, for a period of two
(2) years from the date of recordation of this plat except as authorized by section 14-212(A) of the
Albemarle County Code. If any lot created by the recordation of this plat is conveyed back to the grantor
during the two (2) year period, it shall be recombined with the parent lot within six (6) months aft er such
conveyance.”
(9-5-96, 1-3-96, 4-13 -88, 12-21-83, 10 -17-79, 8-28 -74; 1988 Code, § 18 -57; Ord. 98-A(1), 7-15 -98)
State law reference --Va. Code § 15.2-2244(C).
Sec. 14-212.1 Boundary line adjustment; procedure.
Each plat for a boundary line adj ustment shall be submitted, reviewed and approved as follows:
A. Within sixty (60) days after submittal of the plat, the agent shall determine whether it
complies with the applicable requirements of this chapter. If the agent determines that the plat complies,
he shall approve the plat. If the agent determines that the plat does not comply, he shall inform the
subdivider in writing of the reasons for the denial, with citation to the applicable section of this chapter or
other law, and what corrections or modifications will permit approval. The agent shall either mail the
notice of denial by first class mail, or personally deliver it, to the subdivider. However, if the plat requires
approval by any agency, department or authority other than the county, and no evidence is provided at
the time the plat is submitted that approval has been obtained, the agent shall approve or disapprove the
plat within thirty-five (35) days after receipt of approval from the agency, department or authority provided
that the plat shall be approved or denied not later than ninety (90) days after resubmittal of the plat.
B. The lots affected shall have been: (i) part of an otherwise valid and properly
recorded subdivision plat approved pursuant to this chapter or a prior subdivision ordinance of the
county; or (ii) part of a properly recorded deed prior to the adoption of the first subdivision
ordinance of the county that required an approved subdivision plat under the applicable
circumstances.
C. The application shall not involve the relocation or alteration of any streets, alleys, or
easements for public areas. Easements or utility rights-of-way may be relocated or altered only with the
express written consent of all persons holding an interest therein.
D. An application made during the period of validity of a final plat shall not constitute a
waiver of any rights of the subdivider existing on the date of approval of the plat. The approval of an
application shall not extend the period of validity of the original final plat.
(9-5-96, 8-28 -74 (§ 3); 1988 Code, § 18-15; Ord. 98-A(1), 8-5 -98, § 14-239(part))
State law reference --Va. Code § 15.2-2275.
Sec. 14-212.2 Vacation of plat or part thereof; procedure.
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A recorded plat or any part thereof may be vacated pursuant to Virginia Code §§ 15.2-2271
through 15.2-2274 as follows:
A. An application to vacate a recorded plat shall be submitted to the agent.
B. If the application to vacate a recorded plat is proceeding under Virginia Code §§ 15.2-
2271(1) or 15.2-2272(1):
1. The application shall include the proposed written instrument declaring the plat,
or part thereof, to be vacated.
2. The agent shall review each application for compliance with applicable law. In
conducting his review and prior to acting on the application, the agent shall transmit the application to
appropriate site review committee members for review and recommendation.
3. The agent shall either grant or withhold consent to the vacation upon receipt of
the recommendation of the site review committee. If the agent withholds consent, he shall inform the
applicant in writing of the reasons for withholding consent. The agent shall either mail the notice of
withholding of consent by first class mail, or personally deliver it, to the applicant.
C. If the application to vacate a recorded plat is proceeding under Virginia Code §§ 15.2-
2271(2) or 15.2-2272(2), the agent shall make a recommendation to the board of supervisors as to
whether it should vacate the plat by ordinance. When the agent has developed his recommendation, he
shall transmit it and the application to the commission. The commission shall consider the
recommendation and the application in making its recommendation to the board of supervisors.
D. An application which proposes to vacate a public street shall also be reviewed to
determine whether the vacation is substantially in accord with the comprehensive plan, or part thereof.
E. An application shall be acted upon by the agent or the board of supervisors, as the case
may be, within the time period set forth in section 14-214.
F. The vacation of a recorded plat shall operate to destroy the force and effect of the
recording of the plat so vacated, or any portion thereof, and to divest all public rights in, and to reinvest in
the owners, proprietors and trustees, if any, the title to the streets, alleys, easements for public passage
and other public areas laid out or described in the plat.
(Ord. 98-A(1), 8-5 -98, § 14-240)
State law reference --Va. Code §§ 15.2-2241(9), 15.2 -2270 through 15.2-2276.
Sec. 14-212.3 Resubdivision without vacation of plat; procedure.
Property may be resubdivided without vacating a recorded plat as follows:
A. An application to modify a recorded final plat that eliminates, relocates or otherwise alters
one or more lot lines shall be submitted and reviewed as provided in sections 14 -213 through 14 -227,
provided that the modification does not involve the relocation or alteration of streets, alleys, easements
for public passage or other public areas, and provided further that no easements or utility rights-of -way
shall be relocated or altered. An application for such a modification made during the period of validity of
the plat shall not constitute a waiver of any rights of the subdivider existing on the date of approval of the
final plat. The approval of such a modification shall not extend the period of validity of the original final
plat. This paragraph shall apply to any subdivision plat of record, whether or not recorded prior to the
adoption of a subdivision ordinance by the county.
B. An application to subdivide a lot or contiguous lots recorded or developed prior to the
effective date of section 6.4 of the zoning ordinance or its predecessor shall be submitted and reviewed
as provided in sections 14 -213 through 14 -227. The application shall be subject to section 6.4(C) of the
zoning ordinance.
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C. Nothing in this section limits the right of an owner to apply to vacate a plat or any part
thereof, or to apply for a boundary line adjustment as provided in this chapter.
(9-5-96, 8-28 -74 (§3); 1988 Code, § 18-15; Ord. 98 -A(1), 8-5 -98, § 14-239)
State law reference --Va. Code §§ 15.2-2275.
Sec. 14-212.4 Easement plats; procedure.
Each easement plat shall be submitted, reviewed and approved as follows:
A. The plat shall meet the standards for plats set forth in Virginia Code § 42.1-82.
B. Within sixty (60) days after submittal of the plat, the agent shall determine whether it
complies with the applicable requirements of this chapter. If the agent determines that the plat complies,
he shall approve the plat. If the agent determines that the plat does not comply, he shall inform the
subdivider in writing of the reasons for the denial, with citation to the applicable section of this chapter or
other law, and what corrections or modifications will permit approval. The agent shall either mail the
notice of denial by first class mail, or personally deliver it, to the subdivider.
C. In making the determination under paragraph (B), the agent shall request comments from
any department, agency or authority affected by the easement plat.
Division 4. Procedure for All Other Subdivisions
Sec. 14-213 General.
Each preliminary and final plat shall be submitted, reviewed and approved as provided in this
division 4, subject to the following:
A. Preliminary plat not mandatory. A subdivider is not required to submit and obtain
approval of a preliminary plat before submitting and seeking approval of a final plat. However, the agent
may require the submittal of all information required by section 14 -302 if the information is deemed
necessary for review of the final plat.
B. Procedure for certain two -lot subdivisions . Subdivisions that would result in not more than
two (2) lots within the rural areas shall be reviewed and approved as follows:
1. Submittal of plat . The subdivider shall submit a plat for review and approval by
the agent.
2. Review and approval of plat by agent . Within sixty (60) days after submittal of the
plat, the agent shall determine whether it complies with the applicable requirements of this chapter. The
agent may request that any department, agency or authority review the plat and forward its comments to
him. If the agent determines that the plat complies, he shall approve the plat.
(a) If the agent determines that the plat does not comply, he shall inform the
subdivider in writing of the reasons for the disapproval, with citation to the applicable section of this
chapter or other law, and what corrections or modifications will permit approval. The agent shall either
mail the notice of disapproval by first class mail, or personally deliver it, to the subdivider.
(b) If the plat requires approval by any agency, department or authority other
than the county, and no evidence is provided at the time the plat is submitted that such approval has
been obtained, the agent shall approve or disapprove the plat within thirty-five (35) days after receipt of
approval from the department, agency or authority, provided that the plat shall be approved or
disapproved not later than ninety (90) days after resubmittal of the plat.
41
3. Procedures for other approvals related to plat . Other approvals related to the plat
shall be reviewed and approved as provided in sections 14 -2 24.1, 14 -225.1, 14 -231.1 and 14-232
through 14-236.
4. Appeal of disapproval of plat . The disapproval of a plat may be appealed as
provided in section 14-226.
5. Period of validity of approved plat, and extension thereof . An approved plat shall
be valid for the periods provided in section 14 -229, and the period of validity may be extended as
provided in section 14-231.
(9-5-96, 5-5-82, 8-28 -74 (§ 8); 1988 Code, § 18-54; Ord. 98-A(1), 7-15 -98; Ord. 01-14(1), 5-9-01)
State law reference --Va. Code § 15.2-2241(9).
Sec. 14-214 Period in which to act on preliminary and final plat.
Each preliminary and final plat shall be reviewed and acted upon by the agent or the commission,
as applicable, according to the following schedule:
A. Final plats. A final plat shall be acted upon within sixty (60) days after the date the plat
was officially submitted, as determined pursuant to section 14 -221. A final plat that was previously
disapproved shall be approved or disapproved within forty-five (45) days after the date the plat is
modified, corrected and resubmitted for review and approval.
B. Preliminary plats. A preliminary plat shall be acted upon within sixty (60) days after the
date the plat was officially submitted, as determined by section 14-216, subject to the following:
1. Extended period if state agency review required. If approval of a feature of a
preliminary plat by a state agency is necessary, the period in which a preliminary plat shall be acted upon
shall not exceed ninety (90) days. If state agency approval is required, the agent shall promptly forward
to the state agency all documents necessary to allow the state agency to conduct its review. The state
agency shall complete its review within forty-five (45) days of its receipt of the preliminary plat. The agent
or the commission shall approve or disapprove the preliminary plat within thirty-five (35) days of receipt of
approvals from all state agencies.
2. Resubmitted preliminary plat . A preliminary plat that was previously disapproved
shall be approved or disapproved within forty-five (45) days after the date the plat is modified, corrected
and resubmitted for review and approval.
(§ 18 -46, 9-5 -96, 8-28-74 (§ 7); § 18-53(part), 9-5 -96, 6-3 -81, 8-28-74 (§ 8); 1988 Code, §§ 18-46, 18 -53;
Ord. 98 -A(1), 7-15 -98)
State law reference --Va. Code §§ 15.2-2259, 15.2 -2260.
Sec. 14-215 Preliminary application conference.
Each subdivider shall participate in a preliminary application conference with staff prior to
submittal of a preliminary plat. The purpose of the conference shall be to allow the subdivider to inform
staff of the nature of the subdivision so that staff and the subdivider can develop an informal program that
will guide the review and approval of the preliminary plat , or parts thereof. The following requirements
shall apply:
A. The subdivider shall present a preliminary schematic plat at the preliminary application
conference which shows:
1. the boundary lines of the property;
42
2. existing land conditions , existing topography at a maximum of twenty (20) foot
contour intervals, and established or approximated one hundred (100) year flood plain limits as shown on
the official flood insurance maps for Albemarle County;
3. the general lay -out design of wh at is proposed for the subdivision, on a scale of
not smaller than one (1) inch equals one hundred (100) feet;
4. building setback lines;
5. the applicable zoning of the property, including all applicable proffers, special use
permit conditions and variances;
6. the applicable zoning of all abutting properties; and
7. a notation as to whether the land is within the Albemarle County and/or City of
Charlottesville public water supply watershed or an agricultural -forestal district; and a notation as to
whether the land or the abutting properties is subject to a conservation or open -space easement.
B. Statements made by staff and the subdivider during the preliminary application
conference shall not be binding on the county or the subdivi der.
(9-5-96, 8-28 -74 (§ 7); 1988 Code, § 18-44; Ord. 98-A(1), 7-15-98)
State law reference --Va. Code § 15.2-2241(9).
Sec. 14-216 Submittal of preliminary plat.
Each preliminary plat shall be submitted to the agent, which shall then be initially processed as
follows:
A. A preliminary plat shall be deemed to be officially submitted on the date of the next
application deadline established by the agent after the submittal of the preliminary plat, and its
acceptance for official submittal by the agent.
B. A preliminary plat omitting any information required by section 14 -302(A) shall be
deemed to be incomplete and shall not be accepted for official submittal by the agent. This review and
determination shall be made within ten (10) days after the application deadline. The agent shall inform
the subdivider in writing of the reasons for the disapproval, with citation to the applicable section of this
chapter or other law, and what corrections or modifications will permit acceptance of the plat. The agent
shall notify the subdivider or his or her agent of the disapproval in writing by first class mail, personal
delivery, or, if consented to by the subdivider in writing, by fax or email.
C. Within fifteen (15) days after the date the notice of disapproval was mailed or delivered
by the agent, the subdivider may resubmit the preliminary plat together with payment of the fee for the
reinstatement of review. The date of the next application deadline after the resubmittal of the preliminary
plat shall be deemed to be the date upon which the plat was officially submitted. In the event the
subdivider fails to resubmit the preliminary subdivision plat within the fifteen (15) day period, the
preliminary plat shall be deemed to be disapproved and a new application and fee shall be required for
submittal of the preliminary plat.
D. A preliminary plat deemed officially submitted shall be transmitted to the site review
committee.
E. When the agent determines that a preliminary plat is officially submitted, he shall send
notice that a preliminary plat has been submitted to the owner of each lot abutting the subdivision and to
each member of the board of supervisors and the commission. The notice shall describe the proposed
subdivision; the specific location of the subdivision; the appropriate county office where the preliminary
plat may be viewed; and the date of the site review committee meeting for the preliminary plat. The
notice also shall advise each recipient of the right to request review of the preliminary plat by the
43
commission and the date by which the review must be requested; or, if review by the commission is
otherwise required, the date of the review.
F. The notice required by paragraph (E) shall be mailed or hand delivered at least fi ve (5)
days prior to the site review committee meeting for the preliminary plat. Mailed notice shall be sent by
first class mail. Notice mailed to the owner of each lot abutting the subdivision shall be mailed to the last
known address of the owner, and mailing the notice to the address shown on the current real estate tax
assessment records of the county shall be deemed compliance with this requirement. If a lot abutting the
subdivision is owned by the subdivider, the notice shall be given to the owner of the next abutting
property not owned by the subdivider.
G. The failure of any person to receive the notice required by paragraph (E) shall not affect
the validity of an approved preliminary subdivision plat, and shall not be the basis for an appeal.
(9-5-96, 5-3-79, 8-28 -74; 1988 Code, § 18 -45; Ord. 98-A(1), 7-15 -98)
State law reference --Va. Code §§ 15.2-2241(9), 15.2 -2260.
Sec. 14-217 Review of preliminary plat by site review committee.
Upon receipt of a preliminary plat from the agent, the site review committee shall review the plat
as follows:
A. The site review committee shall review each preliminary plat for compliance with the
technical requirements of this chapter.
B. Upon completion of its review, the site review committee shall transmit its requirements
and recommendations to the agent. For the purposes of this section, the term “requirement s” means the
regulatory provisions of this chapter and the rules and regulations of each of the agencies of the site
review committee; the term “recommendations” means suggestions for design change as may be
deemed in the public interest by site review committee members in the area of their respective expertise.
C. If a revision is required by the site review committee, the subdivider shall revise the
preliminary plat to include the required revision and shall submit the revision by a date prescribed by the
agent. The revision shall be made prior to the review of the preliminary plat by the agent.
D. If a revision is recommended by the site review committee, the subdivider is not required
to make the revision. If the subdivider elects not to revise the preliminary plat to include the
recommended revision, the subdivider shall submit a written statement to the agent by the revision date
prescribed by the agent which states the reasons and justification for not incorporating the
recommendation in the revised plat. The written statement shall be deemed to be a part of the required
revision.
(Ord. 98-A(1), 7-15-98)
State law reference --Va. Code § 15.2-2241(9).
Sec. 14-218 Determining whether agent or commission reviews and acts on preliminary plat.
A preliminary plat shall be reviewed and acted on by either the agent or the commission, as
follows:
A. The agent shall review a preliminary plat if it is not subject to review by the commission
as provided in paragraph (B). The agent shall conduct his review pursuant to section 14-219.
B. The commission shall review a preliminary plat if: (i) the subdivider or any owner of a lot
abutting the subdivision, the board of supervisors or any member thereof, the commission or any member
thereof, the zoning administrator, the county executive, or the agent, requests the commission review the
preliminary plat; (ii) if review and approval by the commission of any matter pertaining to the plat is
required by this chapter; or (iii) the subdivider obtained approval of a waiver prior to submittal of the
preliminary plat as provided in sections 14 -224.1 and 14-225.1 and the preliminary plat is not in
44
substantial accord with the conceptual plan considered with the waiver request. The commission shall
conduct its review pursuant to section 14-220. Each request for review shall be submitted to the agent by
the deadline for requesting review stated in the notice. Each request by the subdivider or an owner of a
lot abutting the subdivision shall be in writing and state the reasons for review.
(Ord. 98-A(1), 7-15-98)
State law reference --Va. Code §§ 15.2-2241(9), 15.2 -2260.
Sec. 14-219 Review and action on preliminary plat by agent.
The agent shall review and act on a preliminary plat as follows:
A. The agent shall review the preliminary plat for compliance with the requirements of this
chapter, and shall make a good faith effort to identify all deficiencies, if any, during the review of the first
plat submittal. The agent shall consider the recommendations of the site review committee and any
statement by the subdivider submitted pursuant to section 14-217(D). The agent also may consid er any
other evidence pertaining to the compliance of the preliminary plat with the technical requirements of this
chapter as deemed necessary for a proper review of the plat.
B. The agent shall formulate an action or recommendation. If the agent determines that the
preliminary plat complies with the requirements of this chapter, he shall approve the preliminary plat and
promptly issue a letter to the subdivider stating the conditions which must be satisfied prior to submittal of
the final plat. If the agent determines that the preliminary plat does not comply with the requirements of
this chapter, he shall disapprove the preliminary plat and promptly inform the subdivider of the
disapproval as provided in paragraph (C).
C. A notice of disapproval shall state the reasons for disapproval by identifying the plat’s
deficiencies and citing the applicable sections of this chapter or other law, and what corrections or
modifications will permit approval of the preliminary plat. The agent shall either mail a written notice of
disapproval by first class mail, or personally deliver it, to the subdivider. Within fifteen (15) days after the
date the notice of disapproval was mailed or delivered, the subdivider may resubmit the preliminary plat
together with payment of a fee for the reinstatement of review. The date of the next application deadline
following the resubmittal of the preliminary plat shall be deemed to be the date upon which the preliminary
plat was officially submitted. If the subdivider fails to timely resubmit the preliminary plat, the preliminary
plat shall be deemed to be disapproved and a new application and fee shall be required for submittal of
the preliminary plat.
D. If review of a preliminary plat by the commission is permitted, the agent shall not act on
the plat until the deadline for requesting commission review of the plat has passed.
(§ 18 -13, 9-5 -96, 12-21 -83; § 18-47 (part), 9-5 -96, 8-28-74 (§ 7); § 18-48, 9-5-96, 8-28-74 (§ 7); 1988
Code, §§ 18-13, 18 -47, 18-48; Ord. 98-A(1), 7-15-98)
State law reference --Va. Code §§ 15.2-2241(9), 15.2 -2259, 15.2 -2260.
Sec. 14-220 Review and action on preliminary plat by commission.
The commission shall review and act on a preliminary plat as follows:
A. The commission shall review the preliminary plat for compliance with the requirements of
this chapter, and shall make a good faith effort to identify all deficiencies, if any, during the review of the
first plat submittal. The commission shall consider the recommendations of the site review committee,
any statement by the subdivider submitted pursuant to section 14-217(D), and the agent’s comments and
recommendations, which shall be transmitted by the agent to the commission. The commission also may
consider any other evidence pertaining to the compliance of the preliminary plat with the requirements of
this chapter as deemed necessary for a proper review of the plat.
45
B. If the commission determines that the preliminary plat complies with the requirements of
this chapter, it shall approve the preliminary plat and direct the agent to issue a letter as provided in
section 14-219(B). If the commission determines that the preliminary plat does not comply with the
requirements of this chapter, it shall disapprove the preliminary plat and, at the time of its action to
disapprove the preliminary plat state the reasons for disapproval by identifying the plat’s deficiencies and
citing the applicable section of this chapter or other law and, with the advice of the agent and staff, stat e
what corrections or modifications will permit approval of the plat. If the commission disapproves the
preliminary plat, it shall also direct the agent to issue a notice of disapproval to the subdivider as provided
in section 14-219(C).
C. At the time that it acts to approve a preliminary plat, the commission may determine to
review in whole or in part the final plat for the subdivision. In reviewing and acting upon a preliminary
plat, the commission may exercise any power or authority expressly grant ed herein to the agent which is
applicable to the review and action.
D. If review of a preliminary plat by the commission is permitted, the commission shall not
approve the plat until the deadline for requesting commission review of the plat has passed.
(§ 18 -47 (part), 9-5-96, 8-28-74 (§ 7); § 18-48, 9-5-96, 8-28 -74 (§ 7); 1988 Code, §§ 18 -47, 18-48; Ord.
98-A(1), 7-15-98)
State law reference --Va. Code §§ 15.2-2241(9), 15.2 -2259, 15.2 -2260.
Sec. 14-221 Submittal of final plat.
Each final plat shall be submitted to the agent, and it shall be processed as follows:
A. Except as provided by section 14-230, a subdivider shall submit a final plat for approval
within one (1) year of the date of approval of the preliminary plat. For purposes of this section, a final plat
shall be deemed to be officially submitted on the date it is submitted and satisfies the requirements of
paragraphs (B) and (C).
B. Prior to submitting a final plat, a subdivider shall satisfy all conditions of the approval of
the preliminary plat and shall obtain all tentative approvals for the final plat from the departments and
agencies represented on the site review committee. A final plat shall not be accepted by the agent if the
subdivider has not satisfied all of the conditions or has not obtained all required tentative approvals. For
purposes of this section, a “tentative approval” is a formal communication from a reviewing department to
the agent stating that all of the requirements of the reviewing department have been satisfied.
C. A final plat omitting information required by section 14 -303 shall be deemed to be
incomplete and shall not be accepted for official submittal by the agent. A determination shall be made
by the agent within ten (10) days after the application deadline. The agent shall inform the subdivider in
writing of the reasons for the disapproval, with citation to the applicable section of this chapter or other
law, and what corrections or modifications will permit acceptance of the plat. The notice of disapproval
shall either be mailed to the subdivider by first class mail, or personally delivered to the subdivider.
D. Within fifteen (15) days after the date the notice of rejection was mailed or delivered by
the agent, the subdivider may resubmit the final plat together with payment of a fee for the reinstatement
of review. The date of the next application deadline following the resubmittal of the final plat shall be
deemed to be the date upon which the plat was officially submitted. In the event the subdivider fails to
resubmit the final plat within the fifteen (15) day period, the final plat shall be deemed to be disapproved
and a new application and fee shall be required for submittal of the final plat.
E. A final plat deemed complete by the agent shall be transmitted to the site review
committee.
F. If the commission is required to review a final plat as provided in section 14-225, or if a
preliminary plat was not first submitted and approved, the agent shall send notice that a final plat has
been submitted pursuant to the procedures and requirements set forth in sections 14 -216(E), (F) and (G).
46
(§ 18 -51, 9-5 -96, 8-28-74 (§ 7); § 18-53, 9-5-96, 6-3-81, 8-28-74 (§ 8); 1988 Code, §§ 18-51, 18 -53; Ord.
98-A(1), 7-15-98)
State law refe rence --Va. Code §§ 15.2-2241(9), 15.2 -2258.
Sec. 14-222 Review of final plat by site review committee.
Upon receipt of a final plat from the agent, the site review committee shall review the final plat as
follows:
A. Each final plat shall be reviewed for compliance with the requirements of this chapter in
effect at the time of preliminary plat approval, provided that all other requirements of sections 14-300, 14-
301 and 14-303 are met.
B. If the final plat is subject to review and approval by the agent, the site review committee
shall recommend approval if it determines that the final plat complies with the technical requirements of
this chapter and that all conditions of the preliminary plat approval have been satisfied. If the site review
committee determines that the final plat does not comply with the technical requirements of this chapter,
or that all conditions of the preliminary plat approval have not been satisfied, it shall identify those
requirements which have not been complied with and those conditions which have not been satisfied.
C. The determinations of the site review committee made pursuant to paragraph (B) shall be
in writing and be submitted to the agent within the time period as may be specified by the agent.
(Ord. 98-A(1), 7-15-98)
State law reference --Va. Code §§ 15.2-2241(9), 15.2 -2258.
Sec. 14-223 Determining whether agent or commission reviews and acts on final plat.
A final plat shall be reviewed and acted on by either the agent or the commission, as follows:
A. The agent shall review a final plat if it is not subject to review by the commission as
provided in paragraph (B). The agent shall conduct his review pursuant to section 14-224.
B. The commission shall review a final plat if: (i) the agent determi nes there is a substantial
change from a the preliminary plat approved by the commission; (ii) the commission requested review of
the final plat during preliminary plat approval, as provided by section 14 -220(C); (iii) the subdivider
requests review, using the same procedure as provided in section14-218(B); or (iv) the subdivider
obtained approval of a waiver prior to submittal of the preliminary plat as provided in sections 14-224.1
and 14-225.1 and the final plat is not in substantial accord with the conc eptual plan considered with the
waiver request. The commission shall conduct its review pursuant to section 14-225.
(Ord. 98-A(1), 7-15-98)
State law reference --Va. Code §§ 15.2-2241(9), 15.2 -2258.
Sec. 14-224 Review and action on final plat by agent.
Upon receipt of a final plat from the site review committee, the agent shall review the final plat as
follows:
A. The agent shall review the final plat for compliance with the requirements of this chapter
in effect at the time of preliminary plat ap proval, provided that all other requirements of sections 14-300,
14-301 and 14-303 are met. For the final plat of each section of a phased subdivision, the agent shall
also review the final plat for compliance with applicable regulations, and all requirements of the zoning
ordinance in effect at the time the plat for that section is being reviewed or, in the case of a planned
development, the zoning ordinance selected by the subdivider under section 8.5.5.2 of the zoning
ordinance. The agent shall make a good faith effort to identify all deficiencies, if any, during the review of
the first plat submittal. The agent shall consider the recommendations and determinations made by the
site review committee.
47
B. If the agent determines that the final plat complies with the requirements of this chapter
and that all conditions of approval of the preliminary plat have been satisfied, the agent shall sign the
final plat. If the agent determines that the final plat does not comply with all requirements of this chapter
or that all conditions of approval of the preliminary plat have not been satisfied, the final plat shall be
disapproved and the agent shall promptly inform the subdivider of the disapproval by issuing a notice of
disapproval to the subdivider which complies with the notice requirements stated in section 14 -219(C).
C. If review of a final plat by the commission is permitted, the agent shall not act on the plat
until the deadline for requesting commission review of the plat has passed.
(9-5-96, 6-3-81, 8-28 -74 (§ 8); 1988 Code, § 18-53; Ord. 98-A(1), 7-15 -98)
State law reference --Va. Code §§ 15.2-2241(9), 15.2 -2258, 15.2 -2259.
Sec. 14-224.1 Waiver of certain requirements by the agent.
The agent may waive requirements as provided in sections 14 -313, 14 -401, 14 -405, 14 -407, 14 -
409, 14-419 and 14-420, as follows:
A. A subdivider shall submit to the agent a written request stating the reason and
justification for the request and all proposed alternatives. The subdivider shall have the burden of
producing the evidence to enable the agent to make the findings required by this section.
B. The subdivider may appeal the disapproval of a waiver, or the approval of a waiver with
conditions objectionable to the subdivider, to the commission as provide d in section 14 -226. In reviewing
a waiver request, the commission may approve or disapprove the waiver based upon the applicable
findings set forth in this section, amend any condition imposed by the agent, and impose any conditions it
deems necessary.
Sec. 14-225 Review and action on final plat by commission.
Upon receipt of a final plat because review by the commission is requested or required, the
commission shall review the plat as follows:
A. The commission shall review the final plat for com pliance with the requirements of this
chapter, and shall make a good faith effort to identify all deficiencies, if any, during the review of the first
plat submittal. The commission shall consider the recommendations of the site review committee, the
recommendations and comments of the agent, and any statement of the subdivider in response to the
recommendations and comments, which shall be transmitted by the agent to the commission. The
commission also may consider any other evidence pertaining to the compliance of the preliminary plat
with the requirements of this chapter as deemed necessary for a proper review of the plat.
B. If the commission determines that the final plat complies with the requirements of this
chapter and, if a preliminary plat was submitted and approved, that all conditions of approval of the
preliminary plat have been satisfied, the commission shall approve the final plat and direct the agent to
sign the plat. If the commission determines that the final plat does not comply with all requirements of
this chapter or that all conditions of approval of the preliminary plat have not been satisfied, it shall
disapprove the final plat and, at the time of its action to disapprove the plat, identify the reasons for
disapproval, with citation to the applicable section of this chapter and, with the advice of the agent and
staff, state what corrections or modifications will permit approval of the plat. If the commission
disapproves the final plat, it shall also direct the agent to issue a notice of disapproval to the subdivider
which complies with the notice requirements stated in section 14-219(C).
C. If review of a final plat by the commission is permitted, the commission shall not approve
the plat until the deadline for requesting commission review of the plat has passed.
D. In reviewing and acting upon a final plat, the commission may exercise any power or
authority expressly granted herein to the agent which is applicable to the review and action.
(9-5-96, 6-3-81, 8-28 -74 (§ 8); 1988 Code, § 18-53; Ord. 98-A(1), 7-15 -98)
48
State law reference --Va. Code §§ 15.2-2241(9), 15.2 -2258, 15.2 -2259.
Sec. 14-225.1 Waiver of certain requirements by the commission.
The commission may waive requirements as provided in sections 14 -234, 14 -404, 14 -409, 14 -
410, 14-412, 14 -414 and 14-422, as follows:
A. A subdivider shall submit to the agent a written request stating the reason and
justification for the request and all proposed alternatives. The subdivider shall have the burden of
produc ing the evidence to enable the commission to make the findings required by this section. The
agent shall review the request and transmit his recommendation of approval, approval with conditions, or
disapproval to the commission. If the agent recommends approval or approval with conditions, the
recommendation shall be accompanied by a statement by the agent as to the public purpose served by
the recommendation, particularly in regard to the purpose and intent of this chapter, the zoning ordinance
and the comprehensive plan. The director of planning and the county engineer shall provide
recommendations to the commission as to whether and how the waiver would accomplish county goals,
policies, good planning practice and good engineering practice.
B. The subdivider may appeal the disapproval of a waiver, or the approval of a waiver with
conditions objectionable to the subdivider, to the board of supervisors as an appeal of a disapproval of
the plat as provided in section 14-226. In reviewing a waiver request, the board may approve or
disapprove the waiver based upon the applicable findings set forth in this section, amend any condition
imposed by the commission, and impose any conditions it deems necessary.
(9-5-96, 8-28 -74 (§ 10); 1988 Code, § 18-3; Ord. 98-A(1), 8-5 -98, § 14-237)
State law reference --Va. Code § 15.2-2242(1).
Sec. 14-226 Appeal of disapproval of preliminary or final plat; resubmittal.
If a preliminary or final plat is disapproved by the agent or the commission:
A. Judicial review. It may be subject to judicial review as provided in Virginia Code §§ 15.2-
2259(C) and 15.2-2260(E).
B. Appeal to board of supervisors . In the alternative and in addition to seeking judicial
review, and at the sole option of the subdivider, the subdivi der may appeal the disapproval to the board of
supervisors. The appeal shall be in writing and be filed with the agent within ten (10) days of the date of
the disapproval. The board may affirm, reverse, or modify in whole or in part, the disapproval. In so
doing, the board shall give due consideration to the recommendations of the agent, the site review
committee or the commission. In addition, it may consider such other evidence as it deems necessary for
a proper review of the application.
C. Resubmittal. In the alternative and in addition to seeking judicial review, and at the sole
option of the subdivider, the subdivider may resubmit the plat after it has been modified or correct to
address the deficiencies identified by the agent or the commission. The modified or corrected plat shall
be resubmitted to the agent within thirty (30) days’ of the date of the disapproval. The agent or the
commission, as the case may be, shall act on the resubmitted plat within forty-five (45) days after the date
it was resubmitted. If the resubmitted plat is disapproved, the subdivider shall may seek judicial review,
appeal the disapproval to the board of supervisors, or resubmit a modified or corrected plat as provided
herein.
(9-5-96, 11 -4 -82, 11-3-82; 198 8 Code, § 18-4; Ord. 98-A(1), 7-15 -98)
State law reference --Va. Code §§ 15.2-2241(9), 15.2 -2259, 15.2 -2260.
Sec. 14-227 Effect of approval of preliminary plat.
The approval of a preliminary plat does not guarantee approval of the final plat, does not
constitute approval or acceptance of the subdivision, and does not constitute authorization to proceed
49
with the construction of the improvements within the subdivision,. The approval of a preliminary plat also
does not guarantee, or establish any right to, the continued application of county ordinances to the
subdivision as the ordinances exist on the date of approval of the preliminary plat, except to the extent
any such right is established under Virginia Code § 15.2-2307.
(9-5-96, 8-28 -74; 1988 Code, § 18 -49; Ord. 98-A(1), 7-15 -98)
State law reference --Va. Code §§ 15.2-2241(9), 15.2 -2260.
Division 5. Period of Validity of Subdivision Plat
Sec. 14-228 Period of validity of approved preliminary plat.
A preliminary plat shall be valid for a period of five (5) years from the date it is approved pursuant
to this chapter, provided that the subdivider submits a final plat for all or a portion of the property within
one (1) year of the approval as provided in section 14 -221, and thereafter diligently pursues approval of
the final plat. After three (3) years following preliminary plat approval, the agent may, after ninety (90)
days’ written notice provided by certified mail to the subdivider, revoke the approval upon a specific
finding of facts that the subdivider failed to diligently pursue approval of the final plat. The failure to
officially submit a final plat as provided in section 14 -221 within the one (1) year period shall render the
approval of the preliminary plat null and void. For purposes of this section, the date the preliminary plat is
approved shall be the date that the letter of approval required by section 14 -219(B) or 14 -220(B) is
mailed.
(9-5-96, 8-28 -74 (§ 7); 1988 Code, § 18-50; Ord. 98-A(1), 7-15-98)
State law reference --Va. Code §§ 15.2-2241(9), 15.2 -2260.
Sec. 14-229 Period of validity of approved final plat.
A final plat for a subdivision which is not a phased subdivision eligible to be subject to section 14-
230 shall be valid for the following periods:
A. A final plat shall be valid for a period of one (1) year from the date the agent affixes his
signature to the plat, or for any other period specified in a surety agreement entered into by and between
the subdivider and the county, whichever is later, if: (i) the subdivider has commenced construction of
facilities to be dedicated for public use pursuant to an approved plan or permit with approved surety; or (ii)
the subdivider has furnished surety in a form authorized by section 14-435(A) in the amount of the
estimated cos t of construction of the facilities.
B. The failure to record an approved final plat in the office of the clerk of the circuit court of
the county during its period of validity shall render the approval null and void.
C. For purposes of this section, an approved plat for a rural subdivision, family subdivision,
boundary line adjustment plat, easement plat or a vacation plat is a “final plat.”
(Ord. 98-A(1), 7-15-98)
State law reference --Va. Code § 15.2-2241(8).
Sec. 14-230 Period of validity of approved plat for phased subdivision.
If a subdivider of a phased subdivision records a final plat which is a section of a subdivision
shown on an approved preliminary plat, the plat shall be valid for the following period:
A. The subdivider shall have the right to record the remaining sections shown on the
preliminary plat for a period of five (5) years from the date the final plat for the first section was recorded,
or for any longer period as the agent or the commission may determine to be reasonable if the subdivider
furnished to the board of supervisors, as part of the approval of the final plat for that section, a surety in a
form authorized by section 14-435(A) in the amount of the estimated cost of construction of the facilities
50
to be dedicated within that section for public use and maintained by the county, the commonwealth, or
other public agency.
B. The agent or the commission may grant a longer period to record the final plats for the
remaining sections, if at all, upon the request of the subdivider and at the time of the approval of the final
plat for the first section. In acting on a request, the agent or the commission shall consider the size and
phasing of the proposed development.
C. During the period that a final plat is valid as provi ded in this section, each plat for each
subsequent phase shall be subject to this chapter, engineering and construction standards, and all
requirements of the zoning ordinance in effect at the time the plat for each remaining phase is recorded.
(Ord. 98-A(1), 7-15-98)
State law reference --Va. Code § 15.2-2241(5).
Sec. 14-231 Extension of period of validity of approved preliminary or final plat.
The period of validity of an approved preliminary or final plat may be extended as follows:
A. The perio d of validity of an approved preliminary plat or an approved but not recorded
final plat may be extended by the agent for up to one (1) year from the original date the approval of the
plat was scheduled to expire. An extension may be granted only if the subdivider submits a written
request for an extension, accompanied by the required fee, which is received by the agent at least ten
(10) days prior to the expiration date of the plat. The agent shall act upon the request on or prior to the
date the approval of the plat was scheduled to expire. The written request shall , to the extent they apply,
whether: (i) all conditions of preliminary plat approval have been substantially satisfied or if not, what
governmental agencies or acts of God have caused unusual delays in substantially satisfying the
conditions; (ii) there is significant progress in the construction of improvements; (iii) there has been a
significant relevant change in a relevant policy in the comprehensive plan or any regulation in the zoning
ordinance or any other chapter of the Code affecting the property; and (iv) the project has progressed
without being cited for any construction-related violation of the Code or, if a violation occurred, that it was
corrected in a timely manner.
B. The agent shall act upon the request on or prior to the date the approval of the plat was
scheduled to expire. If the agent fails to approve or disapprove a timely request for extension before the
plat expires, the expiration of the plat shall be temporarily suspended until the date of the agent’s
decision.
C. The agent may grant an extension determined to be reasonable, taking into consideration
the size and phasing of the proposed development and the laws, ordinances and regulations in effect at
the time of the request for an extension.
D. The period of validity of a recorded final plat may be extended by the agent one (1) or
more times for a period as the agent determines to be reasonable. An extension shall be granted only
upon a written request of the subdivider which is received by the agent in a timely manner so as to allow
the agent to act on a the request before the date the approval of the final plat was scheduled to expire.
The written request shall satisfy the requirements of paragraph (A), and the agent shall grant an
extension only upon consideration of the factors delineated in paragraph (A).
E. A subdivider may appeal the denial of an extension request to the circuit court as
provided in Virginia Code 15.2-2261(B)(2). In the altern ative and in addition to seeking judicial review,
and at the sole option of the subdivider, the subdivider may appeal the disapproval to the board of
supervisors. The appeal shall be in writing and be filed with the agent within ten (10) days of the date of
the disapproval. The board may affirm, reverse, or modify in whole or in part, the disapproval. In so
doing, the board shall give due consideration to the recommendations of the agent. In addition, it may
consider such other evidence as it deems necessary for a proper review of the application. If the
subdivider appeals a disapproval to the board of supervisors, the expiration of the plat shall be
temporarily suspended until the date of the board’s decision.
(9-5-96, 8-28 -74 (§ 7); 1988 Code, § 18-5 0; Ord. 98-A(1), 7-15-98)
51
State law reference --Va. Code § 15.2-2261.
Sec. 14-231.1 Changes or revisions to preliminary or final plat.
Changes, revisions or erasures made to a preliminary or final plat shall be made as follows:
A. An approved preliminary or final plat or accompanying data sheet may be changed or
revised, including erasures, only with the prior express written authorization of the agent, except when the
change has been required by the site review committee or the commission.
B. An approved final plat which is changed or revised shall be submitted and reviewed as
provided in sections 14 -213 through 14-227, provided that the agent may approve minor changes or
revisions to the plat if he determines that the plat, as changed or revised: (i) complies with all
requirements of this chapter and all other applicable laws; (ii) substantially complies with the approved
final plat and all conditions of preliminary plat approval; and (iii) will have no additional adverse impact on
adjacent land or public facilities.
C. A changed or revised final plat shall be signed by the owner as provided in section 14-
303(O).
(Ord. 98-A(1), 8-5 -98; § 14-238)
State law reference --Va. Code § 15.2-2241(9).
Division 6. Procedures for the Approval
of Private Streets, Shared Driveways and Alleys
Sec. 14-232 When private streets in rural areas may be authorized.
A private street may be authorized in the rural areas under the following circumstances, provided
that the findings required by section 14 -234(C) are made:
A. By the commission. The commission may authorize a subdivision to be developed with
one (1) or more new private streets only under any of the following circumstances:
1. To alleviate significant degradation to the environment . One or more private
streets may be authorized: (i) if the property is within either the rural areas (RA) or village residential (VR)
zoning districts; (ii) the private streets will alleviate a clearly demonstrable likelihood of significant
degradation to the environment of the property or any land adjacent thereto resulting from the
construction of a public street in the same alignment; (iii) no alternative public street alignment is available
which would alleviate significant degradation of the environment; (iv) no more lots are proposed on the
private streets than could be created on a public street due to right -of-way dedication; and (v) the
proposed private streets demonstrably promotes sensitivity toward the natural characteristics of the land
and encourages the subdivision of land in a manner that is consistent and harmonious with surrounding
development. The term “significant degradation” means either:
(a) The total volume of grading for construction of a public street would be
thirty (30) percent or mo re than that of a private street in the same alignment, based upon profiles, typical
sections, earthwork computations, and other information deemed necessary by the county engineer,
submitted by the subdivider and reviewed by the county engineer; or
(b) Environmental impacts including, but not limited to, erosion and
sedimentation, stormwater runoff, surface water pollution, loss of tree cover and/or the loss of indigenous
vegetation resulting from a public street, which would be substantially greater than that of a private street
in the same alignment, based upon evidence submitted by the subdivider and reviewed by the county
engineer and other qualified staff.
2. The lots will be used for non -residential or non-agricultural purposes.
52
3. General welfare. One or more private streets may be authorized if the general
welfare, as opposed to the proprietary interest of the subdivider, would be better served by the
construction of one or more private streets than by the construction of public streets.
B. By the agent . The agent may authorize the following subdivisions to be developed with
one (1) or more new private streets or shared driveways;
1. A family subdivision.
2. A two-lot subdivision if the division contains only two lots and the private street
will serve only those lots and will be the sole and direct means of access to a public street.
(9-5 -96, 8-28-74; 1988 Code, § 18 -36; Ord. 98 -A(1), 7-15 -98)
State law reference --Va. Code § 15.2-2242(3).
Sec. 14-233 When private streets in development areas may be authorized.
A private street may be authorized in the development areas under the following circumstances,
provided that the findings required by section 14-234(C) are made:
A. By the commission. The commission may authorize a subdivision to be developed with
one (1) or more new private streets in the following circumstances:
1. Neighborhood model development . The proposed private street(s) would enable
the principles of the neighborhood model to be more fully implemented than could be achieved with a
public street, without diminishing other principles of the neighborhood model, in the following
circumstances: (i) the subdivision would have a streetscape more consistent with the neighborhood
model; (ii) the subdivision design would allow it to better achieve the density goals of the comprehensive
plan; (iii) rear vehicular access to buildings would be provided so that the buildings may face a common
amenity; (iv) a significant environmental resource would be protected; or (v) relegated parking would be
provided to a greater extent than could otherwise be provided.
2. Two -lot subdivision. The proposed private street(s) would be within a two-lot
subdivision.
3. General welfare. The general welfare, as opposed to the proprietary interest of
the subdivider, would be better served by the construction of one or more private streets than by the
construction of public streets.
B. By the agent. The agent may authorize one (1) or more new private streets in the
following circumstances:
1. Subdivision containing attached dwelling units or non-residential uses . The
proposed private street(s) would be in a subdivision containing attached dwelling units or non-residential
uses where the units, groups of units, or non-residential uses are to be located on individual lots.
2. Family subdivisions . The proposed private street(s) would be within a family
subdivision.
State law reference --Va. Code § 15.2-2242(3).
Sec. 14-234 Procedure to authorize private street and related matters.
Requests under sections 14 -232 and 14-233 shall be submitted, processed and acted upon as
follows:
A. A subdivider shall submit a request in writing to the agent at the time of the submittal of
the preliminary plat or may, within the deve lopment areas, submit the written request prior to submittal of
a preliminary plat or with an application to rezone the land.
53
1. The request shall state the reasons and justifications for the request, and shall
particularly address one or more applicable bases for granting the request as identified in sections 14 -232
or 14 -233, and each of the five findings identified in paragraph (C) required to be made.
(a) The request shall include: (i) a map of the subdivision having contour
intervals of not greater than twenty (20) feet showing the horizontal alignment; (ii) field -run profiles and
typical cross-sections of the proposed streets; (iii) the maximum number of lots to be served by each
private street; and (iv) documentation explaining how the perpetual maintenance of the private street
including, within the development areas, the curb, curb and gutter, sidewalks, and planting strip
landscaping will be funded, and identifying the person or entity that will be responsible for maintaining the
improvements. The county engineer may waive the requirement for the field -run profile in the case of an
existing street or where deemed appropriate due to topography, or if the topographic map is based on
aerial or field collected data with a contour interval accuracy of five (5) vertical feet or better. A request
under section 14-232(A)(1) shall include earthwork computations demonstrating significant degradation.
(b) If the request is made prior to submittal of a preliminary plat or with an
application to rezone the land, it also shall include: (i) a justification for the request; (ii) a vicinity map
showing a larger street network at a scale no smaller than one (1) inch equals six hundred (600) feet; (iii)
a conceptual plan at a scale no smaller than one (1) inch equals two hundred (200) feet showing
surveyed boundaries of the property; (iv) topography of the property at five (5) foot intervals for the
property being subdivided and on abutting lands to a distance of five hundred (500) feet from the
boundary line or a lesser distance determined to be sufficient by the agent; (v) the locations of streams,
stream buffers, steep slopes, floodplains, known wetlands; (vi) the proposed layout of streets and lots,
unit types, uses, and location of parking, as applicable; (vii) proposed private street profiles; and (vii) the
maximum number of lots to be served
2. The agent shall forward the map to the county engineer for review and comment.
When the agent has received comments on the map from the county engin eer, the agent shall then
consider the request. The agent shall then proceed as follows:
(a) If the request for a private street is made under sections 14-232(A) or 14 -
233(A), he may recommend approval, approval with conditions, or denial. A recommendation of approval
or conditional approval shall be accompanied by a statement by the agent as to the public purpose
served by the recommendation, particularly in regard to the purpose and intent of this chapter, the zoning
ordinance, and the comprehensi ve plan; or
(b) If the request for a private street is made under section 14-232(B) or 14 -
233(B), he may approve, approve with conditions, or deny the request.
3. The commission shall not consider a request until it has received and considered
the recommendation of the agent.
B. In considering a request for approval of one or more private streets, the agent and
commission shall consider that: (i) private streets are intended to be the exception to public streets and
(ii) absent compelling circumstances, private streets should not cross over dams or bridges or involve
other infrastructure that would be reasonably prohibitive to maintain, should not serve as the primary or
sole interconnection between the subdivision and abutting property, or serve through traffic by being the
connector between two or more public streets.
C. The agent and the commission may authorize one or more private streets in a subdivision
if it finds that one or more of the circumstances described in sections 14 -232 or 14 -233 exists and it
determines that:
1. The private street will be adequate to carry the traffic volume which may be
reasonably expected to be generated by the subdivision.
2. The comprehensive plan does not provide for a public street in the approximate
location of the proposed private street;
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3. The fee of the private street will be owned by the owner of each lot abutting the
right -of-way thereof or by an association composed of the owners of all lots in the subdivision, subject in
either case to any easement for the benefit of all lots served by the street;
4. Except where required by the commission to serve a specific public purpose, the
private street will not serve through traffic nor intersect the state highway system in more than one
location; and
5. If applicable, the private street has been approved in accordance with section
30.3, flood hazard overlay district, of the zoning ordinance and other applicable law.
D. In considering a request for a private street, the commission may waive the requirements
of sections 14 -404 and/or 14 -412 as provided therein, provided that all of the applicable requirements of
sections 14-232, 14 -233 and this section are satisfied.
E. In approving a request for a private street, the commission or the agent may impose any
condition pertaining to the private street it deems reasonable and necessary, including any condition
pertaining to the funding or responsibility for maintaining the private street, including the curb, curb and
gutter, sidewalks, and planting strip landscaping to be addressed in the maintenance instrument required
by section 14-317.
(9-5-96, 8-28 -74; 1988 Code, § 18 -36; Ord. 98-A(1), 8-5-98; § 14-233 (part))
State law reference --Va. Code § 15.2-2242(3).
Sec. 14-235 Effect of approval of private street.
If the agent or the commission approves one or more private streets in a subdivision, the
following requirements shall apply:
A. The subdivider shall submit a maintenance agreement as required by section 14 -31 7.
B. The final plat shall contain the statement required by section 14-303(N).
C. The subdivider shall provide surety for the completion of the private street as required by
section 14-435 if the private street will not be completed prior to appro val of the final plat, unless the
private street was authorized under sections 14-232(B)(1), 14-232(B)(2), or 14 -233(B)(2).
(9-5 -96, 8-28-74; 1988 Code, § 18 -36; Ord. 98 -A(1), 8-5-98)
State law reference --Va. Code § 15.2-2242(3).
Sec. 14-236 When shared driveways and alleys may be authorized.
A shared driveway or alley may be authorized as follows:
A. The agent may authorize a subdivision to be developed with one or more shared
driveways when street frontage meeting the street frontage requirements of the zoning district exists or
will be provided to both lots.
B. The agent may authorize a subdivision to be developed with one or more alleys in the
development areas when street frontage exists or will be provided for all lots to be served by the alley (s).
C. Where alleys are authorized, driveways shall be provided only from the alley unless
otherwise approved by the agent for cases such as, but not limited to, corner lots or lots where access is
prevented by topographical constraints.
(Ord. 02-14(1), 2-6 -02, § 14-241)
Article III. Subdivision Plat Requirements and Documents to be Submitted
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Division 1. Plat Requirements
Sec. 14-300 Persons authorized to prepare plat.
Each plat shall be prepared by a professional engineer or a land surveyor, to the limits of his license.
(9-5-96, 5-3-79, 8-28 -74; 1988 Code, § 18 -45; Ord. 98-A(1), 8-5-98)
State law reference --Va. Code § 15.2-2262.
Sec. 14-301 Form and style of plats.
Each subdivision plat shall comply with the following:
A. The plat shall meet the standard for plats set forth in Virginia Code § 42.1-82.
B. The plat shall be drawn to a scale of one (1) inch equals fifty (50) feet or to such scale as
may be approved by the agent in a particular case.
C. The plat shall be prepared on one (1) or more sheets, provided that no sheet shall
exceed twenty-four (24) inches by thirty-six (36) inches in size, and further provided that if the plat is
prepared on more than one (1) sheet, match lines shall clearly indicate where the several sheets join.
D. The top of each sheet shall be approximately north.
E. The plat shall be in a form acceptable for recordation by the clerk of the circuit court of
the county.
(§ 18 -45, 9-5 -96, 5-3 -79, 8-28-74; § 18 -51, 9-5 -96, 8-28-74 (§ 7); § 18-55, 9-5-96, 2-4-81, 8-28-74 (§ 8);
1988 Code, §§ 18 -45, 18-55; Ord. 98-A(1), 8-5 -98)
State law reference --Va. Code § 15.2-2241(1).
Sec. 14-302 Contents of preliminary plat.
A preliminary plat shall contain the following information:
A. A preliminary plat shall contain the following information, which must be included in order
for a preliminary plat to be deemed complete under section 14 -216(B):
1. Name of subdivision. The title under which the subdivision is proposed to be
recorded. The title shall not duplicate or be a homonym of an existing or reserved subdivision name
within the county, the City of Charlottesville, or the Town of Scottsville, except if the subdivision is an
extension of an existing subdivision.
2. Vicinity map. A map at a scale of one (1) inch equal to two thousand (2,000) feet
showing the property and its relationship with adjoining land and streets, its relationship with landmarks in
the area and, if the subdivision is a phased subdivision, all other phases of the subdivision for which a
final plat has been approved, in detail adequate to describe the location of the property without field
review.
3. Existing or platted streets. The location, width and names of all existing or platted
streets and all other rights-of-way.
4. Private easem ents. The location and dimensions of all existing and proposed
private easements. Existing easements shall be labeled with the deed book and page number and the
name of the owner of record.
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5. Public easements. The location and dimensions of all existing and proposed
public easements outside of a street right -of-way. Existing easements shall be labeled with the deed
book and page number and the name of the public owner of record. Proposed easements shall be
labeled as “dedicated to public use.”
6. Alleys and shared driveways. The location and dimensions of all easements for
alleys and shared driveways.
7. Existing and departing lot lines . If the property consists of more than one existing
lot, then the identification of the existing lots and their outlines, which shall be indicated by dashed lines;
and, the location of departing lot lines of abutting lots.
8. Proposed lots. The number, approximate dimensions, and area of each proposed
lot.
9. Building sites on proposed lots. The location, area and dimensions of a building
site on each proposed lot complying with the requirements of section 4.2 of the zoning ordinance. The
plat shall also contain the following note: “Parcel [letter or number] and the residue of Tax Map/Parcel
[numbers] each contai n a building site that complies with section 4.2.1 of the Albemarle County Zoning
Ordinance.”
10. Right of further division of proposed lots. The number of lots, as assigned by the
subdivider, into which each proposed lot may be further divided by right pursuant to section 10.3.1 of the
zoning ordinance, if applicable. The plat shall also contain the following note: “Parcel [letter or number] is
assigned [number] development rights and may/may not be further divided and when further divided
these rights shall not comprise more than [number] acres. The residue of Tax Map/Parcel [numbers] is
retaining [number] development rights and when further divided it shall not consist of more than [number]
acres.”
11. Instrument creating property proposed for subdivision. The deed book and page
number of the instrument whereby the property was created, as recorded in the office of the clerk of the
circuit court of the county.
12. Topography. Existing topography at the time of plat submittal at up to twenty [20]
percent slope, maximum five [5] foot contours. The source of topography, including survey date and
name of the licensed professional; or a statement that topography data provided by the county was used
Proposed grading (maximum five [5] foot contours) suppl emented where necessary by spot elevations;
areas of the site where existing slopes are twenty-five (25) percent or greater. Existing topography for the
entire site with sufficient offsite topography to describe prominent and pertinent offsite features and
physical characteristics, but in no case less than fifty (50) feet outside of the site unless otherwise
approved by the agent.
13. Proposed facilities . The location of proposed water and sewer lines and related
improvements; proposed drainage and storm water management facilities and related improvements.
14. Land to be dedicated in fee or reserved. The location, acreage, and current
owner of all land intended to be dedicated in fee or reserved for public use, or to be reserved in a deed for
the common use of lot owners in the subdivision.
15. Identification of all owners and certain interest holders . The names and
addresses of each owner of record and holders of any easements affecting the property.
B. A preliminary plat shall also contain the followi ng information, provided that the
preliminary plat shall not be deemed incomplete for purp oses of section 14-216(B) if it does not include
this information in the initial plat submittal:
1. General information. The date of drawing, including the date of the last revision,
the number of sheets, the north point, and the scale. If true north is used, the method of determination
shall be shown.
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2. Name of plat preparer. The name of the person who prepared the plat.
3. Public areas, facilities or uses . The location of all areas shown in the
comprehensive plan as proposed sites for public areas, facilities or uses, as described in Virginia Code §
15.2-2232, which are located wholly or in part within the property.
4. Places of burial. The location of any grave, object or structure marking a place of
burial located on the property.
5. Zoning classification. The zoning classification of the property, including all
applicable zoning overlay districts, proffers, special use permits and variances.
6. Tax map and parcel number. The county tax map and parcel number of the
property.
7. Reservior watershed; agricultural-forestal district. A notation as to whether the
land is within an Albemarle County and/or City of Charlottesville water supply watershed or an
agricultural -forestal district.
8. Yards . The location of all yards required by this chapter and the zoning
ordinance, which may be shown graphically or described in a note on the plat.
9. Flood plain. The location of any part of the property within the flood hazard
overlay district, as set forth in section 30.3 of the zoning ordinance.
10. Stream buffers . The location of stream buffers required by section 17-317 of the
water protection ordinance, with the following note: “The stream buffer(s) shown hereo n shall be
managed in accordance with the Albemarle County Water Protection Ordinance.”
(9-5-96, 2-4-81, 8-28 -74; 1988 Code, § 18 -52; Ord. 98-A(1), 8-5-98)
State law reference --Va. Code §§ 15.2-2241(1), 15.2 -2258, 15.2 -2262.
Sec. 14-303 Contents of final plat.
In addition to containing all of the information required by section 14-302, except for the
information required by section 14-302(A)(12), a final plat shall contain the following information:
A. Statement of consent to division. A statement that: “The division of the land described
herein is with the free consent and in accordance with the desire of the undersigned owners, proprietors
and trustees. Any reference to future potential development is to be deemed as theoretical only. All
statements affixed to this plat are true and correct to the best of my knowledge.”
B. Section name or number. The name or number of the section if the property is a part of a
larger piece of land.
C. Boundary lines . The exterior boundary lines of the property with bearings in degrees,
minutes and seconds. Curvilinear data shall include radius, central angle, arc length, and tangent
distance. All dimensions shall conform to the standards set forth in this chapter.
D. Acreage of lots. The total acreage of each existing lot and each proposed lot.
E. Dimension standards and information on all lots, streets, alleys, easements, and shared
driveways. All linear, angular, and curvilinear dimensions of lots, streets, alleys, public easements and
privat e easements and shared driveways shall conform to the requirements set forth in 18 VAC 10 -10-
370(C), a copy of which shall be on file in the department of engineering and public works. Curvilinear
data shall include radius, central angle, arc length, and tangent distances and may be shown either
directly on the corresponding boundary or surveyed line or in table form. Easements shown for private
streets, alleys and shared driveways shall be labeled as “private street easement”, “alley easement” or
58
“shared driveway easement.” The easement holder(s) shall be identified on the plat. If shared driveways
are shown, a note shall be added to the plat stating that maintenance shall be by the owners of the lots
affected by the shared driveway easement, not by the Virginia Department of Transportation or the
county.
F. Identification of sections, blocks and lots. Sections (phases) shall be identified by
numbers; blocks shall be identified by letters; lots shall be identified by numbers, assigned in numerical
order.
G. Ownership of common areas . The intended ownership of all common areas.
H. Monuments. The location and material of all permanent reference monuments.
Monuments found or installed prior to plat recordation may be referred to if they are pe rmanent and
undisturbed. If any monument required by this chapter will be installed after recordation of the final plat,
the certification of the professional engineer or land surveyor shall so note.
I. Bearing and distance ties . A definite bearing and distance tie between not less than two
(2) permanent monuments on the exterior boundary of the property and further tie to existing street
intersection where possible and reasonably convenient.
J. Restrictions . Restrictions imposed in conjunction with the approval of the preliminary plat
and their period of existence. If the length of a restriction makes its inclusion on the final plat impractical,
and does not necessitate the preparation of a separate instrument, reference shall be made to the
restriction on the final plat.
K. Temporary turnarounds . The location of temporary turnarounds, if needed, with the
following accompanying note: “The area on this plat designated as a temporary turnaround will be
constructed and used as other streets in the subdivision until (street name) is/are extended to (street
name), at which time the land in the temporary turnaround area will be abandoned for street purposes
and will revert to adjoining property owners in accordance with specific provisions in their respective
deeds.”
L. Public utility, drainage and sight distance easements. The location and dimensions of
each public utility, drainage and sight distance easement outside of a street right -of -way; for each existing
easement, include a note stating the deed book and page number.
M. Street names. The name of each proposed street, which names shall be subject to
approval by the agent.
N. Statement pertaining to private streets. If the subdivision will contain one or more private
streets, the following statement: “The streets in this subdivision may not meet the standards for
acceptance into the secondary system of state highways and will not be maintained by the Virginia
Department of Transportation or the County of Albemarle.”
O. Signature panels. Signature panels for each owner and for the agent or his designee.
The signature panel for the owner shall be located immediately below the statement required by
paragraph (A).
P. Notary panels. Notary panels for the notary to acknowledge the signature of the owner.
Q. Water supply. A statement as to whether the subdivision will be served by a public water
supply and a public sewer system. If the property is not within the service authority jurisdictional area, the
following statement: “Under current county policy, public water and/or sewer service will not be available
to this property.”
R. Parent parcel access. If the subdivision is in the rural areas, the following statement,
unless a waiver is granted as provided in section 14-404: “All subsequent divisions of the residue shall
enter only onto such street(s) shown on the approved final plat and shall have no immediate access onto
to any public street.”
59
S. Control points. At least four (4) control points, evenly distributed across the property and
located at survey property corners, and shown on each sheet depicting the property. At the option of the
subdivider, the control points may be shown on a copy of the final plat, rather than on the original final
plat.
(9-5-96, 2-4-81, 8-28 -74 (§ 8); 1988 Code, § 18-55; Ord. 98-A(1), 8-5 -98; Ord. 02 -14(1), 2-6-02)
State law reference --Va. Code §§ 15.2-2241(1), 15.2 -2262, 15.2 -2264.
Division 2. Documents and Information to be
Submitted with Preliminary or Final Plat
Sec. 14-304 Reque st for critical slopes waiver.
If a critical slopes waiver is requested and has not been previously approved, the subdivider shall
submit with each preliminary plat or, if none, with each final plat, a written request and justification under
section 4.2.5 of the zoning ordinance for a waiver authorizing the disturbance of critical slopes.
Sec. 14-305 Stormwater management information.
The subdivider shall submit with each preliminary plat or, if none, with each the final plat:
A. Removal rate computations and project drainage area maps as described in the design
standards manual to support conceptual stormwater management/BMP plans. In addition, the subdivider
shall submit a written request and justification for any waiver of water detention requirements allowed by
the water protection ordinance, if such a waiver is needed.
B. If applicable, a mitigation plan as provided in section 17-322 of the water protection
ordinance.
(Ord. 98-A(1), 8-5 -98)
State law reference --Va. Code §§ 15.2-2241(3), 15.2 -2262.
Sec. 14-306 Private streets information.
If authorization for one or more private streets is requested and has not been previously approved
as provided by section 14 -234, the subdivider shall submit with each preliminary plat or, if none, with each
final plat, the information required to support authorization under the applicable requirements of sections
14-232, 14-233, and 14-234(A).
Sec. 14-307 Reserved.
Division 3. Documents and Information to be Submitted with Final Plat
Sec. 14-308 Flood plain and topographic information.
The subdivider shall submit with each final plat flood plain and topographic information in a form
acceptable to the county engineer which demonstrates:
A. For each natural stream with an upstream drainage area of fifty (50) acres or more, the flood plain
limits more, the flood plain limits for a one hundred (100) year storm; provided that the county engineer
may waive this requirement for drainage areas of less than one hundred (100) acres upon his
determination that the information is unnecessary for review of the proposed final plat.
B. The property contains sufficient land upon which to place structures without impeding
natural drainage.
C. The flood plain limits, elevations, and flood plain profiles and cross-sections, if flood plain
profiles and cross-sections are determined by the county engineer to be necessary.
60
(9-5-96, 12 -15-82, 8-28-74 (§ 3); 1988 Code, § 18 -21; Ord. 98-A(1), 8-5-98)
State law reference --Va. Code §§ 15.2-2241(3), 15.2 -2262.
Sec. 14-308.1 Groundwater assessment information.
Groundwater assessments required by section 17-402 shall be initiated by the program authority
upon the submittal of the preliminary plat. The draft groundwater management plans and acquifer testing
workplans required by sections 17-403 and 17-404, as applicable, shall be submitted in conjunction with
the submittal of the preliminary plat. The requirements of sections 17-402, 17 -403 and 17-404 shall be
satisfied prior to final plat approval.
(Ord. 04-14(1), adopted 12-8-04, effective 2-8-05)
State law reference – Va Code §15.2-2121.
Sec. 14-309 Soil evaluations.
The subdivider shall submit to the agent with each final plat the results of percolation tests or
other methods of soil evaluation used to determine the suitability of the soil for septic systems with
conventional drain fields, if septic systems are proposed to be used in the development of the subdivision,
and the results are requested by the agent. These results shall be forwarded by the agent to the health
director.
(9-5-96, 8-28 -74; 1988 Code, § 18 -23; Ord. 98-A(1), 8-5-98)
State law reference --Va. Code §§ 15.2-2241(3), 15.2 -2262.
Sec. 14-310 Health director approval of individual private wells and/or septic systems.
If required as a condition of final plat approval, a final plat shall not be approved if individual
private wells are proposed for the subdivision until written approval has been received from the health
director by the agent. A final plat shall not be approved if septic systems are proposed for the subdivision
until written approval has been received from the health director by the agent as follows:
A. The health director shall determine the suitability of the soil of each lot of the subdivision
for which septic systems with a conventional drain field will be constructed, and shall submit his opinion to
the agent.
B. The health director may require as a condition of his approval of the installation of septic
systems and, whenever necessary for the satisfactory installation of the septic systems, that individual
lots be graded and drained so as to assure the effective removal of surface water from each lot.
(Ord. 98-A(1), 8-5 -98)
State law reference --Va. Code §§ 15.2-2242(2), 15.2 -2262.
Sec. 14-311 Infrastructure improvement plans, computations and documents.
The subdivider shall submit with each final plat detailed plans, computations and necessary
supporting documents for all physical improvements including, but not limited to, road plans, drainage
plans and computations, erosion and sediment control plans and stormwater management plans and
computations as required by the water protection ordinance, landscape plans, water and sewer plans and
computations as required by the service authority, flooding computations and plans if applicable, and any
other documents deemed necessary by the county engineer. The plans, computations and necessary
supporting documents shall also be submitted to other appropriate agencies
State law reference --Va. Code § 15.2-2241.
61
(9-5-96, 2-4-81, 8-28 -74 (§ 8); 1988 Code, § 18-55; Ord. 98-A(1), 8-5 -98)
State law reference --Va. Code § 15.2-2262.
Sec. 14-312 Location of existing buildings.
The subdivider shall submit with the final plat a survey showing the location of all existing
buildi ngs on the land to be subdivided within fifty (50) feet of a proposed lot line or a proposed street.
State law reference --Va. Code § 15.2-2241.
Sec. 14-313 Reserved.
Sec. 14-314 Identification of all interests of the county in property.
The subdivider shall submit, prior to or with the final plat, a plan which shows all rights-of -way,
easements or other interests of the county or any authority within the subdivision that would be
terminated and extinguished by recordation of the final plat, as provide d in section 14 -433.
(Ord. 98-A(1), 8-5 -98)
State law reference --Va. Code §§ 15.2-2262, 15.2 -2265.
Sec. 14-315 Reserved.
Sec. 14-316 Approval of entrance onto public streets.
The subdivider shall submit, prior to or with the final plat, evidence satisfactory to the agent that
the entrance of the principal means of access for each lot onto any existing or proposed public street
complies with Virginia Department of Transportation standards.
Sec. 14-317 Instrument evidencing maintenance of certain improvements.
If the subdivision will contain one (1) or more improvements that are not to be maintained by the
county or any authority or other public agency, the subdivider shall submit with the final plat an instrument
assuring the perpetual maintenanc e of the improvement, as follows:
A. The instrument shall, at a minimum:
1. Identify the plat to which the instrument applies; if the plat has been recorded, the
identification shall include a deed book and page number.
2. State that the improvement will be maintained in perpetuity.
3. State that the improvement will be maintained to a standard that, at a minimum,
assures that it will remain in substantially the condition it was in when approved by the county; for a
private street, shared driveway, or alley, the instrument also shall state verbatim: “The travelway shall at
all times be maintained so that it is safe and convenient for passenger automobiles and emergency
vehicles at all times except in severe temporary weather conditions.”
4. If the instrument pertains to the maintenance of one or more private streets,
alleys or shared driveways, it shall define “maintenance” by stating verbatim: “For purposes of this
instrument, ‘maintenance’ includes the maintenance of the private streets or alleys, and all curbs, curbs
and gutters, drainage facilities, utilities, dams, bridges and other private street improvements, and the
prompt removal of snow, water, debris, or any other obstruction so as to keep the private street or alley
reasonably ope n for usage by all vehicles, including emergency services vehicles.”
5. Describe the condition of the improvement when it was approved by the county.
6. Identify the timing or conditions warranting maintenance of the improvement.
62
7. State a means to collect funds necessary for the cost of maintaining the
improvement; at a minimum, the means stated shall include the right of any landowner subject to the
instrument to record a lien against a non-contributing landowner, to bring an action at law to collect the
funds, or both.
8. Describe how maintenance costs will be prorated among the landowners subject
to the instrument (e.g., “equally,” or on a percentage basis); if any lot within the subdivision may be further
divided, the instrument shall also describe how maintenance costs will be prorated among the landowners
after division.
9. State verbatim: “No public agency, including the Virginia Department of
Transportation and the County of Albemarle, Virginia, will be responsible for maintaining any
improvement identified herein.”
B. The instrument shall be subject to review and approval by the county attorney and shall
be in a form and style so that it may be recorded in the office of the clerk of the circuit court of the county.
The agent may require that the instrument be on a form prepared by the county attorney.
C. For purposes of this section, the term “to maintain,” or any derivation of that verb,
includes the maintenance, replacement, reconstruction and correction of defects or damag e.
D. Nothing in this section shall affect the rights of the county reserved under section 14-440.
(§ 18 -7, 9-5-96, 12 -21-83; § 18 -36 (part), 9-5-96, 8-28 -74; 1988 Code, § 18-7, 18-36; Ord. 98-A(1), 8-5 -
98; Ord. 02-14(1), 2-6-02, § 14-313)
Article IV On-site Improvements and Design
Division 1. Lots and Blocks
Sec. 14-400 Minimum lot requirements.
Each lot within a subdivision shall satisfy the minimum lot requirements established in the zoning
ordinance.
(§ 18 -29 (part), 9-5-96, 8-28 -74; § 18-34 (part), 9-5-96, 8-28-74; 1988 Code, §§ 18-29, 18 -34; Ord. 98 -
A(1), 8-5-98, § 14-500; Ord. 02 -14(1), 2-6 -02)
State law reference --Va. Code §§ 15.2-2241(3).
Sec. 14-401 Double frontage lots.
Double frontage lots for single family detached and attached residential uses are prohibited. The
prohibition of double frontage lots may be waived by the agent as provided in section 14 -224.1. In
considering a waiver request, the agent shall consider whether, because of unusual size, topography,
shape of the property, location of the property or other unusual conditions, excluding the proprietary
interests of the subdivider, the prohibition would not forward the purposes of this chapter or serve the
public interest. In approving a waiver, the agent shall find that granting the waiver would not be
detrimental to the public health, safety or welfare or to the orderly development of the area. Double
frontage lots shall be screened as provided in section 14-419.
(Ord. 98-A(1), 8-5 -98, § 14-500)
State law reference --Va. Code § 15.2-2241(3).
Sec. 14-402 Lot shape.
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Each lot within a subdivision shall be of a shape which provides a satisfactory and desirable
building site, and shall otherwise be at least the minimum lot width allowed by the applicable provisions of
the zoning ordinance. No lot shall contain peculiarly shaped elongations designed solely to provide the
required square footage of area or frontage on a street.
(9-5-96, 8-28 -74; 1988 Code, § 18 -29; Ord. 98-A(1), 8-5-98, § 14-503)
State law reference --Va. Code § 15.2-2241(3).
Sec. 14-403 Lot frontage.
Each lot within a subdivision shall have frontage on an existing or proposed street.
(§ 18 -30 (part), 9-5-96, 8-28 -74; § 18-36, 9-5-96, 8-28 -74; 1988 Code, §§ 18 -30, 18-36; Ord. 98-A(1), 8-5 -
98, § 14 -504)
State law reference --Va. Code § 15.2-2241(3).
Sec. 14-404 Lot location to allow access from lot onto street or shared driveway.
Each lot within a subdivision shall be located as follows:
A. Each lot, other than a corner lot within the development areas, shall have reasonable
access to the building site from only one street, shared driveway or alley established at the same time as
the subdivision; provided that a lot may be located so that its driveway enters only onto a public street
abutting the subdivision if: (i) the commission grants a waiver under subsection (C); (ii) the subdivider
obtains an entrance permit from the Virginia Department of Transportation for the access; (iii) the
entrance complies with the design standards set forth in sections 14 -410(F) and 14-410(G); and (iv) the
subdivider demonstrates to the agent prior to approval of the final plat that the waiver does not violate any
covenants to be recorded for the subdivision. For purposes of this section, the term “reasonable access”
means a location for a driveway or, if a driveway location is not provided, a location for a suitable foot
path from the parking spaces required by the zoning ordinance to the building site; the term “within the
subdivision” means within the exterior boundary lines of the lands being divided.
B. If the subdivision is within the rural areas, all subsequent divisions of the residue shall
enter only onto such street(s) shown on the approved final plat and shall have no immediate access onto
to any public street.
C. The requirements of this section may be waived by the commission as provided in
section 14-225.1. In reviewing a waiver request, the commission shall determine whether: (i) the county
engineer recommends an alternative standard; or (ii) because of unusual size, topography, shape of the
property, location of the property or other unusual conditions, excluding the proprietary interests of the
subdivider, strict application of the applicable requirements would result in significant degradation of the
property or to the land adjacent thereto. In approving a waiver, the commission shall find that requiring
the standard would not forward the purposes of this chapter or otherwise serve the public interest; and
granting the waiver would not be det rimental to the public health, safety or welfare, to the orderly
development of the area, to sound engineering practices, and to the land adjacent thereto. In reviewing a
waiver request, the commission may allow a substitute design of comparable quality, but differing from
that required, if it finds that the subdivider would achieve results which substantially satisfy the overall
purposes of this chapter in a manner equal to or exceeding the desired effects of the requirement.
(§ 18 -36 (part), 9-5-96, 8-28 -74; § 18-39 (part), 9-5-96, 10 -19 -77, 5-10-77, 8-28 -74; 1988 Code, §§ 18-36,
18-39; Ord. 98-A(1), 8-5 -98, §§ 14 -500(C), 14-505)
State law reference --Va. Code § 15.2-2241(5).
Sec. 14-405 Side lot lines.
Side lot lines of each lot within a subdivision shall be approximately at right angles or radial to the
street line, except turnaround terminal points.
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The requirements of this section may be waived by the agent as provided in section 14-224.1. In
reviewing a waiver request, the agent shall determine whether because of unusual size, topography,
shape of the property being subdivided, or the location of the property, strict application of the standard
would result in significant degradation of the property or to the land adjacent thereto, or the waive r would
not prevent the orderly development of the area. In approving a waiver, the agent shall find that requiring
the standard would not forward the purposes of this chapter or otherwise serve the public interest; and
granting the waiver would not be detrimental to the public health, safety or welfare, to the orderly
development of the area, and to the land adjacent thereto.
(9-5-96, 8-28 -74; 1988 Code, § 18 -32; Ord. 98-A(1), 8-5-98, § 14-506)
State law reference --Va. Code § 15.2-2241(3).
Sec. 14-406 Remnants.
Remnants shall not be created by the subdivision of land. All pre -existing remnants shall be
eliminated when the land is subdivided.
(9-5-96, 2-4-81, 8-28 -74; 1988 Code, § 18 -33; Ord. 98-A(1), 8-5-98, § 14-507)
State law reference --Va. Code § 15.2-2241(3).
Sec. 14-407 Block width.
Each block within a subdivision shall be wide enough to allow two (2) tiers of lots of the minimum
depth allowed by the applicable provisions of the zoning ordinance fronting on all streets.
The requirem ents of this section may be waived by the agent as provided in section 14-224.1. In
reviewing a waiver request, the agent shall consider whether the creation of two (2) tiers of lots of the
minimum depth are prevented by topographical conditions or the size of the property. In approving a
waiver, the agent shall find that requiring the standard would not forward the purposes of this chapter or
otherwise serve the public interest; and granting the waiver would not be detrimental to the public health,
safet y or welfare, to the orderly development of the area, and to the land adjacent thereto.
(9-5-96, 8-28 -74; 1988 Code, § 18 -34; Ord. 98-A(1), 8-5-98, § 14-508)
State law reference --Va. Code § 15.2-2241(3).
Sec. 14-408 Block orientation.
Blocks within a subdivision shall meet the following minimum requirements:
A. If the property is adjacent to a major highway, the agent or the commission, as the case
may be, may require that the greater dimension of a block adjacent to the major highway front or bac k
upon the major highway to avoid unnecessary ingress or egress.
B. A block designed for business or industrial purposes shall be designed specifically for
those purposes, with adequate space set aside for both off-street loading and delivery facilities required
by the zoning ordinance.
(9-5-96, 8-28 -74 (§ 3); 1988 Code, § 18-35; Ord. 98-A(1), 8-5 -98, 14-509)
State law reference --Va. Code § 15.2-2241(3).
Division 2. Streets and Alleys
Sec. 14-409 Coordination and extension of streets.
Public streets within the development areas shall be coordinated and extended as follows:
A. Coordination. All public streets within a subdivision shall be coordinated as to location,
width, grades and drainage with other public streets, as follows: (i) by coordin ating with existing or
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planned streets within the general area of the subdivision, including but not limited to existing or future
adjacent subdivisions, or subdivisions contiguous to such adjacent subdivisions; and (ii) by continuing the
public streets to planned, existing, or platted streets into adjoining areas by dedication or reservation of
right of way adequate to accommodate continuation of the streets.
B. Extension. All public streets within a subdivision shall be extended and constructed to
the abutting property lines to provide vehicular and pedestrian interconnections to future development on
adjoining lands, terminating within the subdivision with a temporary turnaround. The arrangement of the
public streets shall provide adequate access to adjoining lands within the subdivision where necessary to
provide for the orderly development of the county including, but not limited to, reserving temporary
construction easements of sufficient area to accommodate the future completion of the street when the
adjoining lands are developed.
C. Waiver by commission of coordination requirement . The requirements of subsection (A)
may be modified or waived by the commission as provided in section 14 -225.1. A request for a waiver
may be made prior to or with submittal of a preliminary plat or with an application to rezone the land, as
follows:
1. Information to be submitted. If such a request is made, it shall include: (i) a
justification for the request; (ii) a vicinity map showing a larger street network at a scale no smaller than
one (1) inch equals six hundred (600) feet; (iii) a conceptual plan at a scale no smaller than one (1) inch
equals two hundred (200) feet showing surveyed boundaries of the property; (iv) topography of the
property at five (5) foot intervals for the property being subdivided and on abutting lands to a distance of
five hundred (500) feet from the boundary line or a lesser distance determined to be sufficient by the
agent; (v) the locations of streams, stream buffers, steep slopes, floodplains, known wetlands; (vi) the
proposed layout of streets and lots, unit types, uses, and location of parking, as applicable; and (vii) the
location of the nearest development and rural area boundaries, and the maximum number of lots
proposed in the subdivision.
2. Consideration and findings . In reviewing a waiver request, the commission shall
consider: (i) the engineering requirements for coordination and connection; (ii) whether the need for
coordination and connection outweighs the impac ts on environmental resources such as streams, stream
buffers, steep slopes, and floodplain; (iii) whether the street would and should be extended into the rural
areas; (iv) whether there is an alternative street connection from another location in the subdivision that is
preferable because of design, traffic flow, or the promotion of the goals of the comprehensive plan,
including the neighborhood model, and the applicable neighborhood master plan; and (v) whether the
waiver would enable a different principle of the neighborhood model to be satisfied to a greater extent so
that the overall goals of the neighborhood model are more fully achieved. In approving a waiver, the
commission shall find that requiring coordination would not forward the purposes of this chapter or
otherwise serve the public interest; and granting the waiver would not be detrimental to the public health,
safety or welfare, to the orderly development of the area, to sound engineering practices, and to the land
adjacent thereto.
D. Waiver by agent of extension requirement . The requirements of subsection (B) may be
waived by the agent as provided in section 14-224.1. A request for a waiver may be made prior to or with
submittal of a preliminary plat or with an application to rezone the land, as follows:
1. Information to be submitted. If such a request is made, it shall include: (i) a
justification for the request; (ii) a vicinity map showing a larger street network at a scale no smaller than
one (1) inch equals six hundred (600) feet; (iii) a conceptual plan at a scale no smaller than one (1) inch
equals two hundred (200) feet showing surveyed boundaries of the property; (iv) topography of the
property at five (5) foot intervals for the property being subdivided and on abutting lands to a distance of
five hundred (500) feet from the boundary line or a lesser distance determined to be sufficient by the
agent; (v) the locations of streams, stream buffers, steep slopes, floodplains, known wetlands; (vi) the
proposed layout of streets and lots, unit types, uses, and location of parking, as applicable; and (vii)
identification of the location of the nearest development and rural area boundaries and the maximum
number of lots proposed in the subdivision.
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2. Consideration and findings . In reviewing a waiver request, the agent shall
consider whether: (i) extending the street to the abutting property line would require offsite easements; (ii)
the need for the extension outweighs the impacts on environmental resources such as streams, stream
buffers, steep slopes, and floodplain; (iii) alternative connections to the abutting lands from a different
location would provide a better connection; (iv) the subdivider would contribute to the cost to complete the
extension to the abutting property line when the adjoining lands are developed, and how; and (v) the
street would be extended into the rural areas. In approving a waiver, the agent shall find that requiring
extension would not forward the purposes of this chapter or otherwise serve the public interest; and
granting the waiver would not be detrimental to the public health, safety or welfare, to the orderly
development of the area, to sound engineering practices, and to the land adjacent thereto.
3. Requirements if waiver granted. If the agent grants the waiver: (i) the public
street shall be constructed past the point at which the primary structures on the lots abutting the street
would rely on the finished grade for landscaping and other improvements, but in no case less than thirty
(30) feet beyond the curb line or ditch line on those lots; (ii) the subdivider shall dedicate the required right
of way to the abutting property line, along with all easements required to allow the street connection to be
constructed in the future; (iii) the required easements shall prohibit any improvements being established
therein; (iv) the subdivider shall provide a surety guarantee or an escrow of funds for its share of the cost
to complete the extension if determined by the agent to be necessary; the type of surety guarantee or the
escrow shall be acceptable to the county engineer and be approved by the county attorney; and (v) the
agent may require that the subdivider install and maintain a sign at the end of the constructed portion of
the street stating that the street is a future through street, and that the sign is maintained until the county
grants final approval of extending the street to the abutting property.
(9-5-96, 11 -21-79, 3-29-78, 8-28 -74; 1988 Code, § 18-37; Ord. 98-A(1), 8-5 -98, § 14-510)
State law reference --Va. Code § 15.2-2241(2), (4).
Sec. 14-410 Standards for all streets and alleys.
The following minimum design standards shall apply to all streets and alleys within a subdivision:
A. Layout. Each street shall be configured, to the extent practicable, to conform to the
natural topography, to minimize the disturbance of critical slopes and natural drainage areas, and to
provide vehicular and pedestrian interconnections within the subdivision and existing or future
development on adjoining lands, as provided in section 14-409.
B. Angle of intersection. An angle of intersection of not less than eighty (80) degrees is
acceptable; however, a perpendicular intersection, where practical, is preferred. The county engineer
may grant an exception to this requirement for a private street in accord with American Association of
State Highway and Transportation Officials guidelines.
C. Temporary turnarounds. Streets more than three hundred (300) feet in length from an
intersec tion, or proposed to serve more than four (4) dwelling units that terminate temporarily shall be
provided with a temporary turnaround meeting American Association of State Highway and
Transportation Officials guidelines. The temporary turnaround shall be extended to the abutting property
line unless a waiver is granted as provided in section 14-409(D). The temporary turnaround shall exist
until the street extensions are accepted into the secondary system of state highways.
D. Alleys. Alleys with a right -of-way or easement width of not less than twenty (20) feet may
be provided in the rear or side of all commercial, industrial, and residential lots. The design specifications
shall be determined by the county engineer, subject to the following: (i) the alley design shall allow
emergency services vehicles such as police cars and ambulances to use the alley; and (ii) an alley need
not be designed to accommodate the largest emergency services vehicles, except that if firetrucks do not
have adequate access to one or more lots from a street, the county engineer shall require that the alley
be designed to accommodate firetrucks. The agent may authorize an alley to be established with a right -
of -way or easement width of less than twenty (20) feet if the county engineer determines that the
proposed design incorporates features that assure public safety and welfare. The county engineer shall
consider the provision of adequate access to required onsite parking and/or garages, unimpeded
vehicular circulation along the alley, an adequate clear zone along the alley, and other safety issues
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deemed appropriate for the conditions. Alley rights-of-way may either be established as privately held fee
simple interests or as privately held easements.
E. Reserved or spite strips. Reserved or spite strips restricting access from adjoining lands
to an existing or future street or alley shall not be permitted; provided that nothing herein shall prohibit
areas for scenic planting and landscaping where adequate access to the adjoining lands is otherwise
available.
F. Principal means of access to subdivision. The principal means of access to a subdivision
shall be either a public street or a private street. The principal means of access shall conform, in the case
of a public street, to Virginia Department of Transportation standards, or, in the case of a private street, to
the standards of the county as set forth in section 14 -412, throughout the street’s length, including any
distance between the boundary of the subdivision and any existing public street. If discharge water of a
twenty-five (25) year storm could be reasonably anticipated to inundate, block, destroy or otherwise
obstruct a principal means of access to a residential subdivision, the following shall also apply:
1. The principal means of access shall be designed and constructed so as to
provide unobstructed access at the time of flooding; and/or
2. An alternative means of access which is not subject to inundation, blockage,
destruction or obstruction, and which is accessible from each lot within the subdivision shall be
constructed.
G. Drainage. Adequate drainage control shall be provided for streets by installing culverts
under streets; side, lead, or outlet ditches; catch basins; curb inlets; or any other devices, including
piping, as determined to be necessary by the county engineer. All of these improvements shall meet the
standards of the county or, in the event no county standards exist, Virginia Department of Transportation
standards.
H. Curb, curb and gutter, sidewalks and planting strips. In the development areas, streets
shall be constructed with curb or curb and gutter, sidewalks and planting strips. Sidewalks and planting
strips shall designed and constructed in compliance with section 14-422.
I. Waiver of requirement for curb or curb and gutter. The requirement for curb or curb and
gutter may be waived by the commission as provided in section 14 -225.1. A request for a waiver may be
made prior to or with submittal of a preliminary plat or with an application to rezone the land, as follows:
1. Information to be submitted. If such a request is made, it shall include: (i) a
justification for the request; (ii) a vicinity map showing a larger street network at a scale no smaller than
one (1) inch equals six hundred (600) feet; (iii) a conceptual plan at a scale no smaller than one (1) inch
equals two hundred (200) feet showing surveyed boundaries of the property; (iv) topography of the
property at five (5) foot intervals for the property being subdivided and on abutting lands to a distance of
five hundred (500) feet from the boundary line or a lesser distance determined to be sufficient by the
agent; (v) the locations of streams, stream buffers, steep slopes, floodplains, known wetlands; (vi) the
proposed layout of streets and lots, unit types, uses, and location of parking, as applicable; and (vii) the
maximum number of lots to be served by the rural cross-section street, the location of the nearest
development and rural area boundaries, and a cross-section of existing streets to which the proposed
subdivision streets would be extended, if any.
2. Consideration and findings . In reviewing a waiver request to allow a rural cross-
section (no curb and no curb and gutter) instead, the commission shall consider: (i) the number of lots in
the subdivision and the types of lots to be served; (ii) the length of the street; (iii) whether the proposed
street(s) or street extension connects into an existing system of streets constructed to a rural cross-
section; (iv) the proximity of the subdivision and the street to the boundaries of the development and rural
areas; (v) whether the street terminates in the neighborhood or at the edge of the development area or is
otherwise expected to provide interconnections to abutting lands; (vi) whether a rural cross-section in the
development areas furthers the goals of the comprehensive plan, with particular emphasis on the
neighborhood model and the applicable neighborhood master plan; (vii) whether the use of a rural cross-
section would enable a different principle of the neighborhood model to be more fully implemented; and
(viii) whether the proposed density of the subdivision is consistent with the density recommended in the
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land use plan section of the comprehensive plan. In approving a waiver, the commission shall find that
requiring curb or curb and gutter would not forward the purposes of this chapter or otherwise serve the
public interest; and granting the waiver would not be detrimental to the public health, safety or welfare, to
the orderly development of the area, to sound engineering practices, and to the land adjacent thereto.
(§ 18 -37, 9-5 -96, 11-21 -79, 3-29-78, 8-28-74; § 18-39 (part), 9-5 -96, 10-19-77, 5-10 -77, 8-28-74; 1988
Code, §§ 18-37, 18 -39; Ord. 98 -A(1), 8-5-98, § 14 -512; Ord. 02-14(1), 2-6 -02, § 14-512)
State law reference --Va. Code §§ 15.2-2241(4), 15.2 -2242(3).
Sec. 14-411 Standards for public streets only.
In addition to the minimum design requirements set forth set forth in section 14 -410, all public
streets within a subdivision shall be designed and constructed according to Virginia Department of
Transportation standards.
For all public streets to be coordinated and extended as provided in section 14-409, the agent
may allow a public street to be constructed at less than the ultimate pavement width, provided the street
meets public street standards for the lots to be served by the streets. In determining whether to require
the ultimate pavement width, the agent shall be guided by the size of the subdivision, the street length
and the types of lots to be served relative to the cost of providing the ultimate width.
(9-5-96, 10 -19-77, 5-10-77, 8-28 -74; 1988 Code, §§ 18 -38, 18-39; Ord. 98-A(1), 8-5 -98, §§ 14 -511, 14 -
513)
State law reference --Va. Code § 15.2-2241(4).
Sec. 14-412 Standards for private streets only.
In addition to the minimum design requirements set forth in section 14-410, the following
minimum design requirements shall apply to private streets authorized by this chapter:
A. Residential private streets. Each private street serving residential uses authorized under
sections 14-232 or 14 -233 shall satisfy the following:
1. Streets serving two lots. Each private street serving two (2) lots shall satisfy the
following: (i) easement or right -of -way widths shall be thirty (30) feet minimum; (ii) the required materials
and minimum depth of base shall satisfy the minimum requirements described in the design standards
manual; and (iii) the surveyor shall include the following wording on the final plat: “The existing and/or
proposed right -of-way is of adequate width and horizontal and vertical alignment to accommodate a
travelway passable by ordinary passenger vehicles in all but temporary extreme weather conditions,
together with area adequate for maintenance of the travelway, as required by section 14 -412 of the
Albemarle County Code.”
2. Streets serving three to five lots. Each private street serving three (3) to five (5)
lots shall satisfy the followi ng: (i) vertical centerline curvature shall meet a minimum design K value of five
(5) for crest curves and fifteen (15) for sag curves; (ii) sight distances shall not be less than one hundred
(100) feet; (iii) turnarounds shall be provided at the end of each street per American Association of State
Highway and Transportation Officials guidelines; (iv) street easements or right -of-way widths shall be
thirty (30) feet minimum; and (v) the radius for horizontal curvature shall be forty (40) feet or greater,
unless otherwise authorized by this chapter. Any standard in this paragraph (2) may be reduced to the
standard for streets serving two (2) lots where a driveway departs from the street and two lots remain to
be served, and a turnaround is provided. In addition, the following shall also apply:
(a) Private streets in the rural areas . For such private streets in the rural
areas: (i) travelway widths shall be fourteen (14) feet minimum, with three (3) feet minimum shoulder
widths, and a minimum of four (4) feet from the edge of the shoulder to the ditch centerline; (ii) if any
portion of the street exceeds seven (7) percent in grade, the entire street shall be surfaced as required by
Virginia Department of Transportation standards; streets of lesser grade may use a gravel surface.
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(b) Private streets in the development areas . For such private streets in the
development areas: (i) an urban cross-section street design shall be provided, with a minimum width of
twenty (20) feet measured from the curb faces or such alternative design, including a street easement or
right -of-way width, deemed adequate by the county engineer to be equivalent to or greater than the
applicable standard in the design standards manual, so as to adequately protect the public health, safety
or welfare; additional widths shall be provided for gutters to control drainage at the discretion of the
county engineer; and (ii) the entire street shall be surfaced as required by Virginia Department of
Transportation standards.
3. Streets serving six lots or more. Each private street serving six (6) or more lots
shall satisfy Virginia Department of Transportation standards, provided:
(a) Private streets in the rural areas . For such private streets in the rural
areas, the commission may approve Virginia Department of Transportation standards for mountainous
terrain if the subdivider demonstrates, for a specific, identifiable reason, the general welfare, as opposed
to the proprietary interests of the subdivider, would be better served by the application of those standards.
(b) Private streets in the development areas . For such private streets in the
development areas, the agent may approve Virginia Department of Transportation standards for
mountainous terrain or an alternative standard deemed adequate by the county engineer to be equivalent
to or greater than the applicable standard in the design standards manual, so as to adequately protect the
public health, safety or welfare.
4. Streets serving family or two-lot subdivisions . Each private street authorized to
serve a family subdivision under section 14 -232(B)(1) or a two -lot subdivision under section 14-232(B)(2)
shall satisfy the following: (i) easement or right -of-way widths shall be ten (10) feet minimum; and (ii) the
surveyor shall include the following wording on the plat: “The existing and/or proposed right -of -way is of
adequate width and horizontal and vertical alignment to accommodate a travelway passable by ordinary
passenger vehicles in all but temporary extreme weather conditions, together with area adequate for
maintenance of the travelway, as required by section 14-412 of the Albemarle County Code.”
B. Private streets serving non-residential, non-agricultural, attached residential, multi-unit
residential and combined residential and non-residential uses. Each private street authorized to serve
non -residential, non -agricultural, attached residential, multi-unit residential and combined residential and
non -residential uses under sections 14 -232 or 14 -233 shall satisfy Virginia Department of Transportation
standards or an alternative standard deemed adequate by the agent, upon the recommendation of the
county engineer, to be equivalent to or greater than the applicable standard in the design standards
manual, so as to adeq uately protect the public health, safety or welfare. The agent may require minimum
travelway widths to provide for on-street parking upon a determination that the provisions for off-street
parking may be inadequate to reasonably preclude unauthorized on-street parking.
C. Clearing land for improvements. A private street constructed to Virginia Department of
Transportation standards shall not be subject to that department’s clear zone requirements.
D. Landscaping and other improvements permitted. Subsequent to construction of a private
street, a subdivider may install ornamental plantings and any other improvements provided that they do
not conflict with sight distance, drainage facilities or other required improvements.
E. Waiver. The requirements of section 14-412(A)(2)(a) relating to street easement or right -
of -way widths may be waived by the commission as provided in section 14-225.1. In reviewing a waiver
request for a lesser street easement or right -of -way width, the commission shall consider whether: (i) the
subdivision will be served by an existing easement or right -of-way of fixed width that cannot be widened
by the subdivider after documented good faith effort to acquire additional width; and (ii) the existing
easement or right -of -way width is adequate to accommodate the required travelway and its maintenance.
If the waiver pertains to minimum street easement or right -of-way widths over an existing bridge, dam or
other structure, the commission shall consider whether: (i) the long-term environmental impacts resulting
from not widening the bridge, dam or other structure outweigh complying with the minimum width
requirements, as determined by the county engineer; or (ii) whether the bridge, dam or other structure is a
historical structure. In approving a waiver, the commission shall find that requiring the standard street
70
easement or right -of -way widths would not forward the purposes of this chapter or otherwise serve the
public interest; and granting the waiver would not be detrimentalto the public health, safety or welfare, to
the orderly development of the area, to sound engineering practices, and to the land adjacent thereto.
(§ 18 -36, 9-5 -96, 8-28-74; § 18 -37, 9-5 -96, 11-21 -79, 3-29-78, 8-28-74(part); 1988 Code, §§ 18-36, 18 -
37, 18 -38; Ord. 98 -A(1), 8-5-98, § 14 -514; Ord. 02-14(1), 2-6 -02)
State law reference --Va. Code § 15.2-2242(3).
Sec. 14-413 Improvement of existing public streets.
Existing public streets that will serve a subdivision shall be improved as follows:
A. Prior to approval of a preliminary plat, the agent shall consider whether existing public
streets that will serve the subdivision are adequate to accommodate the increase in traffic which may be
reasonably expected to result from the development of the subdivisio n. If the agent determines that the
existing streets will be inadequate, he may require that the streets be improved so as to accommodate
traffic resulting from the development of the subdivision.
B. For purposes of this section, the term “street that will serve the subdivision” shall mean a
public street that is either: (i) located on the property; (ii) will provide immediate vehicular access to any
lot of the subdivision; (iii) the principal means of access to the subdivision as described in section 14 -
410(F); or (iv) a public street which will serve as an entrance to the subdivision as described in section
14-410(F), but which is not the principal means of access to the subdivision.
C. For purposes of this section, the term “improved to accommodate traffic” shall mean: (i)
for a public street that is located on the property, any street improvement which may be required by this
chapter; and (ii) for any street that will serve the subdivision, improvements on that part of the public
street that abut s either the subdivision or the street that provides access to the subdivision, if the need for
the improvements are substantially generated by the development of the subdivision.
(9-5-96, 10 -19-77, 5-10-77, 8-28 -74; 6-170; 1988 Code, § 18 -39; Ord. 98 -A(1), 8-5-98, § 14 -515)
State law reference --Va. Code § 15.2-2241(4).
Division 3. Water, Sewers and Other Improvements
Sec. 14-414 Public water and sewerage systems.
A subdivision within the jurisdictional area of the service authority shall be serve d by public water
and/or sewerage if the service is reasonably available to the subdivision, as follows:
A. The public water and/or sewerage service shall be provided to each lot within the
subdivision within the jurisdictional area, and to assure that service is available to abutting parcels that
would rely on such systems by constructing such systems to the boundary lines of abutting lands.
B. All facilities required to be constructed to provide the services to the lots shall be
designed and constructed to service authority specifications. Sewer facilities constructed to the boundary
lines of abutting lands shall be constructed at a depth and location that allows gravity sewers to provide
service to the developable land draining towards the sewer.
C. For purposes of this section, the term “water and/or sewerage service” shall be deemed
not to be reasonably available in a particular case in which:
1. The commission, in consultation with the service authority, finds that the capacity
of the public water and/or sewerage system is inadequate to serve the proposed development; or
2. The commission, in consultation with the service authority, finds that the capacity
of the public water and/or sewerage system is adequate to serve the proposed development, but the
commission finds that the cost of connecting to the public water and/or sewerage system, exclusive of
connection fees, is unreasonable. In determining whether the cost of connecting is unreasonable, the
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commission shall consider, among other things, the distance the system must be extended to serve the
subdivision, the cost of extension, the uses to be served by the extended system, and the scale of those
uses.
D. Waiver. The requirements of subsection (A) that such systems be constructed to the
boundary lines of abutting lands may be waived by the commission as provided in section 14-225.1. In
reviewing a waiver request, the commission shall consult with the service authority and consider whether
the system is needed and whether construction of the system would unnecessarily disturb significant
environmental resources. In approving a waiver, the commission shall find that requiring the systems to
be constructed to the boundary lines of abutting lands would not forward the purposes of this chapter or
otherwise serve the public interest; and granting the waiver would not be detrimental to the public health,
safety or welfare, to the orderly development of the area, to sound engineering practices, and to the land
adjacent thereto. If such a waiver is granted and the systems are not constructed to the boundary lines,
easements for such future systems shall be shown on the final plat.
(§§ 18-22 (part), 9-5 -96, 1-3 -96, 2-4 -81, 12-20 -78, 8-28-74 (§ 3)); § 18-25, 9-5-96, 1-3-96, 8-28 -74; 1988
Code, §§ 18-22, 18 -25; Ord. 98 -A(1), 8-5-98, § 14 -516)
State law reference --Va. Code §§ 15.2-2121, 15.2 -2241(4).
Sec. 14-415 Central water supplies and sewerage systems.
A subdivision for which public water and/or sanitary sewerage service is not re asonably available
as provided in section 14-414, and which will have twenty-five (25) or more lots of two (2) acres or less,
may be served by a central water supply or central sewerage system, or both, if authorized by the board
of supervisors under chapt er 16 of the Code, as follows:
A. A subdivision whose net average lot size is less than forty thousand (40,000) square feet
shall have both a central water system and a central sewerage system. A subdivision whose net average
lot size is between forty thousand (40,000) square feet and sixty thousand (60,000) square feet, inclusive,
shall have either a central water system or central sewerage system.
B. The design and construction of each central water system and central sewerage system
required by this section shall be approved by the Virginia Department of Health, or its local office, the
Virginia Department of Environmental Quality, and the board of supervisors. Each system shall
complement or supplement existing or proposed county utilities to the extent that the agent finds existing
public utilities to be inadequate.
C. Neither a central water system nor a central sewerage system shall be required: (i) for a
subdivision whose net average lot size is greater than sixty thousand (60,000) square feet; or (ii) if the
subdivider establishes to the satisfaction of the county engineer that the soils and parent materials of all
of the lots created for the purpose of transfer of ownership are such that waste disposal methods for the
entire property are satisfactory to the health director, and that no well pollution can occur from the
proposed lot configuration.
D. No final plat for a subdivision served by a central water system and/or a central sewerage
system shall be approved until the requirement s of Chapter 21 of Title 15.2 of the Code of Virginia have
been satisfied.
(9-5-96, 8-28 -74; 1988 Code, § 18 -23; Ord. 98-A(1), 8-5-98, § 14-517)
State law reference --Va. Code § 15.2-2241(4).
Sec. 14-416 Individual private wells and septic systems.
A subdivision for which public water and/or public sewerage service is not reasonably available
as provided in section 14-414, and for which a central water supply and/or a central sewerage system is
not authorized under section 14-415, shall be served by individual private wells or septic systems having
conventional drain fields, or both, and shall meet all requirements of the health department and be
approved by the health director.
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(§ 18 -23 (part), 9-5-96, 8-28 -74; § 18-27, 9-5-96, 8-28 -74; 1988 Code, §§ 18 -23, 18-27; Ord. 98-A(1), 8-5 -
98, § 14 -518)
State law reference --Va. Code § 15.2-2241(3).
Sec. 14-417 Stormwater management and drainage control facilities.
Stormwater management facilities serving a subdivision shall be designed to comply with the
water protection ordinance. The subdivider shall design and construct on -site drainage control facilities
determined by the county engineer to be necessary to provide adequate drainage control.
(Ord. 98-A(1), 8-5 -98, § 14-520)
State law reference --Va. Code § 15.2-2241(3).
Sec. 14-418 Fire protection.
Where public water is reasonably available, a final plat shall not be approved without verification
from the service authority and the department of fire and rescue that adequate capability exists to provide
adequate fire protection to serve the subdivision, including required fire flows, together with all other
developments to be served by the system. Fire hydrants and distribution systems shall be installed and
constructed by the subdivider. Hydrant locations and fire flow requirements shall be as prescribed by
Insurance Service Offices (ISO) standards and be subject to approval by the department of fire and
rescue, or the service authority, whichever requirements are greater. In areas where public water is not
reasonably available, the department of fire and rescue may require such alternative provisions as
deemed reasonably necessary to provide adequate fire protection.
(9-5-96, 8-28 -74; 1988 Code, § 18 -26; Ord. 98-A(1), 8-5-98, § 14-521)
State law reference --Va. Code § 15.2-2241(3).
Sec. 14-419 Landscaping for double frontage lots.
Double frontage lots shall be screened as provided in section 32.7.9.8 of the zoning ordinance. If
existing vegetation is to be used to provide the required scree ning, then a conservation plan as described
in section 32.7.9.4 of the zoning ordinance may be required to ensure that the screening remains intact
during construction.
The screening requirements may be waived by the agent as provided in section 14 -22 4.1. In
reviewing a waiver request, the agent shall consider whether adequate screening by topography and
vegetation exists so that the rear of the dwelling units will not be visible from a public street or a street
intended to provide rear access to lots. In approving a waiver, the agent shall find that requiring
screening would not forward the purposes of this chapter or otherwise serve the public interest; and
granting the waiver would not be detrimental to the public health, safety or welfare, to the orderly
development of the area, and to the land adjacent thereto.
(Ord. 98-A(1), 8-5 -98, § 14-522)
State law reference --Va. Code § 15.2-2241(3).
Sec. 14-420 Location of utilities above - and underground.
All utilities, including but not limited to wi res, cables, pipes, conduits and appurtenant equipment
for electricity, gas, water, sewer, telephone or similar service, shall be located within a subdivision as
follows:
A. Each utility shall be located, to the extent practicable, in a manner that con forms to the
natural topography, minimizes the disturbance of critical slopes and natural drainage areas, and allows
vehicular and pedestrian interconnections within the subdivision and existing or future development on
adjoining lands.
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B. All new utilities shall be located underground except the following, which may be located
above -ground: (i) electric transmission lines and facilities; (ii) equipment, including electric distribution
transformers, switch gear, meter pedestals, telephone pedestals, outdoor lighting poles or standards,
radio antennae and associated equipment, which is, under accepted utility practices, normally installed
above -ground; (iii) meters, service connections, and similar equipment normally attached to the outside
wall of a utility customer’s premises; and (iv) satellite dishes.
C. If it is necessary to locate a new or existing public utility within the right -of-way of a public
street, the subdivider shall first obtain a permit from the Virginia Department of Transportation.
D. Installation of utilities in or adjacent to the right -of-way shall not preclude the installation
of street trees or required landscaping.
E. The requirements of this section may be waived by the agent as provided in section 14-
224.1. In reviewing a waiver request, the agent shall consider whether the requirement would
unreasonably impact the existing above -ground electrical network so that extensive off -site improvements
are necessary. In approving a waiver, the agent shall find that requiring undergrounding would not
forward the purposes of this chapter or otherwise serve the public interest; and granting the waiver would
not be detrimental to the public health, safety or welfare, to the orderly development of the area, and to
the land adjacent thereto.
(9-5-96, 8-28 -74 (§ 2); 1988 Code, § 18-12; Ord. 98-A(1), 8-5 -98, § 14-523)
State law reference --Va. Code § 15.2-2241(4).
Sec. 14-421 Monuments.
The subdivider shall have monuments set as follows:
A. All boundaries, both exterior and interior, of the original survey for the subdivision shall be
monumented as provided in 18 VAC § 10-20 -370(B), a copy of which shall be on file in the department of
community development.
B. No monuments other than those required by paragraph (A) shall be required to be set
before recordation of the final plat or the conveyance of land by reference to plat if the professional
engineer or land surveyor includes in his certification on the plat that any additional monuments required
by this chapter shall be set on or before a specified later date.
C. The setting of any monument at any time after recordation of the final plat shall be
established both at law and in equity, at prorated positions as determined from direct
remeasurements between the established monuments of record rather than as precisely stated or shown
on the recorded plat.
D. The subdivider shall be responsible for resetting any monument on the property which is
damaged, disturbed or destroyed during construction of any improvements re quired by this chapter.
(§ 18 -39 (part), 9-5-96, 10 -19-77, 5-10 -77, 8-28-74); § 18-55 (part), 9-5 -96, 2-4 -81, 8-28-74 (§ 8); 1988
Code, §§ 18-39, 18 -55; Ord. 98 -A(1), 8-5-98, § 14 -524)
State law reference --Va. Code § 15.2-2241(7).
Sec. 14-422 Sidewalks and planting strips.
Sidewalks and planting strips shall be provided as follows:
A. Requirement. Sidewalks and planting strips for street trees and other vegetation shall be
established on both sides of each new street within a subdivision creating lots for single family detached
and single family attached dwellings in the development areas.
74
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 or to the standards in the design standards manual, whichever is
greater. 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 the standards in the
design standards manual. The agent may allow privately maintained sidewalks to be a 10 -foot multi-use
asphalt path in unique circumstances such as a path leading to a school or major employ ment center.
The asphalt path generally shall run parallel to the street and shall be constructed to a standard deemed
adequate by the county engineer to be equivalent to or greater than the applicable standard in the design
standards manual, so as to ade quately 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 (6) feet in width
except that the minimum width may be less in areas of transition between rural cross-section and urban
cross-section streets. On an urban cross-section street, the planting strip shall be located between the
curb and the sidewalk. The planting strip shall be located between the paved travelway and the sidewalk.
E. Waivers from sidewalk requirements. The requirements for sidewalks may be waived by
the commission as provided in section 14-225.1. A request for a waiver may be made prior to or with
submittal of a preliminary plat or with an application to rezone the land, as follows:
1. Information to be submitted. If such a request is made, it shall include: (i) a
justification for the request; (ii) a vicinity map showing a larger street network at a scale no smaller than
one (1) inch equals six hundred (600) feet; (iii) a conceptual plan at a scale no smaller than one (1) inch
equals two hundred (200) feet showing surveyed boundaries of the property; (iv) topography of the
property at five (5) foot intervals for the property being subdivided and on abutting lands to a distance of
five hundred (500) feet from the boundary line or a lesser distance determined to be sufficient by the
agent; (v) the locations of streams, stream buffers, steep slopes, floodplains, known wetlands; (vi) the
proposed layout of streets and lots, unit types, uses, and location of parking, as applicable; and (vii) the
location of any existing pedestrian network in the area, whether it is publicly or privately maintained,
descriptions by widths and surfaces of the pedestrian ways within the existing pedestrian network, a
proposed alter native profile and the intended ownership and maintenance.
2. Consideration and findings . In reviewing a request to waive the requirement for
sidewalks, the commission shall consider whether: (i) a waiver to allow a rural cross-section has been
granted; (ii) a surface other than concrete is more appropriate for the subdivision because of the
character of the proposed subdivision and the surrounding neighborhood; (iii) sidewalks on one-side of
the street are appropriate due to environmental constraint s such as streams, stream buffers, critical
slopes, floodplain, or wetlands, or because lots are provided on only one side of the street; (iv) the
sidewalks reasonably can connect into an existing or future pedestrian system in the area; (v) the length
of the street is so short and the density of the development is so low that it is unlikely that the sidewalk
would be used to an extent that it would provide a public benefit; (vi) an alternate pedestrian system
including an alternative pavement could provide more appropriate access throughout the subdivision and
to adjoining lands, based on a proposed alternative profile submitted by the subdivider; (vii) the sidewalks
would be publicly or privately maintained; (vii) the waiver promotes the goals of the comprehensive plan,
the neighborhood model, and the applicable neighborhood master plan; and (viii) waiving the requirement
would enable a different principle of the neighborhood model to be more fully achieved. In approving a
waiver, the commission shall find that requiring sidewalks would not forward the purposes of this chapter
or otherwise serve the public interest; and granting the waiver would not be detrimental to the public
health, safety or welfare, to the orderly development of the area, to sound engineering practices, and to
the land adjacent thereto.
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F. Waivers from planting strip requirements. The requirements for planting strips may be
waived by the commission as provided in section 14-225.1. A request for a waiver may be made prior to
or with submittal of a preliminary plat or with an application to rezone the land, as follows:
1. Information to be submitted. If such a request is made, it shall include: (i) a
justification for the request; (ii) a vicinity map showing a larger street network at a scale no smaller than
one (1) inch equals six hundred (600) feet; (iii) a conceptual plan at a scale no smaller than one (1) inch
equals two hundred (200) feet showing surveyed boundaries of the property; (iv) topography of the
property at five (5) foot intervals for the property being subdivided and on abutting lands to a distance of
five hundred (500) feet from the boundary line or a lesser distance determined to be sufficient by the
agent; (v) the locations of streams, stream buffers, steep slopes, floodplains, known wetlands; and (vi) the
proposed layout of streets and lots, unit types, uses, and location of parking, as applicable.
2. Consideration and findings . In reviewing a request to waive any requirement for
planting strips, the commission shall consider whether: (i) a waiver to allow a rural cross-section has been
granted; (ii) a sidewalk waiver has been granted; (iii) reducing the size of or eliminating the planting strip
promotes the goals of the comprehensive plan, the neighborhood model, and the applicable
neighborhood master plan; and (iv) waiving the requirement would enable a different principle of the
neighborhood model to be more fully achieved. In approving a waiver, the commission shall find that
requiring planting strips would not forward the purposes of this chapter or otherwise serve the public
interest; and granting the waiver would not be detrimental to the public health, safety or welfare, to the
orderly development of the area, and to the land adjacent thereto.
(9-5-96, 10 -19-77, 5-10-77, 8-28 -74; 1988 Code, § 18-39; Ord. 98-A(1), 8-5 -98, § 14-525)
State law reference --Va. Code § 15.2-2241(5).
Sec. 14-423 Street signs.
Signs identifying the name of each street within a subdivision shall be installed and maintained as
provided in chapter 7 of the Code.
(Ord. 98-A(1), 8-5 -98, § 14-526)
State law reference --Va. Code § 15.2-2019.
Division 5. Contributions, Dedications, Reservations and Transfers
Sec. 14-424 Contributions for off-site improvements.
Each plat for subdivision may be approved on the condition that the subdivider contributes a pro
rata share of the cost of the following off-site improvements:
A. Each subdivider shall pay to the board of supervisors his pro rata share of the cost of
providing reas onable and necessary sewer, water and drainage improvements not located on the
property if they are necessitated or required, at least in part, by the construction or improvement of the
subdivision, provided that: (i) no payment shall be required until the county establishes a general sewer,
water and drainage improvement program for an area having related and common sewer, water and
drainage conditions and within which the property is located or the board of supervisors has committed
itself to such a progr am is located; and (ii) the program complies with the requirements of Virginia Code §
15.2-2243.
B. Each subdivider may voluntarily contribute and the board of supervisors may accept
funds for off -site street improvements substantially generated and reasonably required by the
construction or improvement of the subdivision. The determination of whether the need for an
improvement is substantially generated by the subdivision shall be made by the agent, who shall consult
with the county engineer and the county attorney prior to making the determination. In determining
whether the need for an improvement is substantially generated by the subdivision, the agent shall
consider whether: (i) the impact of the subdivision would create a threat to the public he alth, safety or
welfare if not addressed by the improvement; (ii) the improvement is identified in the county’s capital
improvement program, including its six (6) year road plan; (iii) the improvement is identified in the
76
comprehensive plan as a needed or desired improvement; and (iv) the need generated is more than an
incremental effect that would otherwise result, as determined by annual population growth, vehicular
traffic, or other appropriate criteria.
(9-5-96, 1-3-96, 2-4-81, 12 -20 -78, 8-28-74 (§ 3); 1988 Code, § 18 -22; Ord 98-A(1), 8-5 -98, § 14-401)
State law reference --Va. Code §§ 15.2-2242(4), 15.2 -2243.
Sec. 14-425 Reserved.
Sec. 14-426 Dedication of land for public use.
The subdivider may dedicate to the county a part of the property suitable for parks, schools, open
space and other public facilities, utilities and other public or semipublic uses, as follows:
A. The board of supervisors shall not be required to compensate the subdivider for the land
dedicated if the dedication is a gift, required by a proffer as part of a conditional rezoning, required as a
condition of a special use permit, variance, or other approval, or if the need for the land is substantially
generated by the subdivision.
B. Land dedicated under this section shall be set apart on the final plat and be identified by
a note on the plat stating that the land is dedicated for public use.
C. The determination of whether the need for the land is substantially generated by the
subdivision shall be made by considering the factors for a determination set forth in section 14-424(B).
State law reference --Va. Code § 15.2-2241(5).
Sec. 14-427 Reservation of land for public use.
The subdivider to may reserve for future dedication to the county a part of the property suitable
for parks, schools, open space and other public facilities, utilities and other public or semipublic uses, as
follows:
A. The board of supervisors shall not be required to compensate the subdivider for the
reservation of land if the dedication is a gift, required by a proffer as part of a conditional rezoning,
required as a condition of a special use permit, variance, or other approval, or if the need for the land is
substantially generated by the subdivision.
B. Land reserved under this section shall be set apart on the final plat and be identified by a
note on the plat stating that the land is reserved for future dedication for public use.
C. The determination of whether the need for the land is substantially generated by the
subdivision shall be made by considering the factors for a determination set forth in section 14-424(B).
D. Nothing in this section precludes land being reserved for public use which is not included
in the comprehensive plan, provided the land is acceptable to the county for reservation.
E. The agent shall not require that land be reserved in a manner that would render it
unusable to the subdivider if not used for the intended public purpose.
F. The subdivider may petition the board of supervisors to release a reservation if the land is
not used for a public purpose, using the procedure in section 14-212.2.
(Ord. 98-A(1), 8-5 -98, § 14-405)
State law reference --Va. Code § 15.2-2241(5).
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Sec. 14-428 Dedication of streets, alleys, curbs, gutters, sidewalks, stormwater management
facilities, bicycle trails, pedestrian trails.
The agent shall require a subdivider to dedicate to the county for public use each public street,
including each non -constructed street extension as provided in section 14-409, and including any
required curb, curb and gutter, planting strip and sidewalk, each drainage improvement for the public
street, and may require a subdivider to dedicate to the county for public use any stormwater management
facility, bicycle trail or pedestrian trail within a subdivision or section thereof, as follows:
A. The board of supervisors shall not be required to compensate the subdivider for any
dedicated land or improvements thereon.
B. The land and improvements to be dedicated shall be set apa rt on the final plat and be
identified by a note on the plat stating that the land is dedicated for public use.
C. When a subdivision abuts one side of an existing or platted street, the subdivider shall
dedicate at least one -half of the right -of -way necessary to make the street comply with the minimum width
fixed for the street by this chapter.
(§ 18 -30 (part), 9-5-96, 8-28 -74; § 18-38 (part), 9-5-96, 8-28-74 (§ 5); 1988 Code, §§ 18-30, 18 -38; Ord.
98-A(1), 8-5 -98, 14-406)
State law reference --Va. Code § 15.2-2241(5).
Sec. 14-429 Reservation of land for streets, alleys, walkways, waterways or public areas shown on
map.
The agent may require a subdivider to reserve for future dedication to the county a part of the
property suitable for streets, alleys, walkways, waterways or public areas if they are shown on an official
map or other map adopted under Virginia Code § 15.2-2233, as follows:
A. Land reserved for future dedication under this section shall be set apart on the final plat
and be identified by a note on the plat stating that the land is reserved for future dedication for public use.
The land reserved shall not be developed except as provided in this section.
B. When a subdivision plat or site plan to allow the reserved land to be developed is
submitted to the county, the subdivision plat or site plan shall be reviewed and acted on as provided in
this chapter (subdivision plat) or section 32 of the zoning ordinance (site plan). If the subdivision plat or
site plan is disappr oved for the sole reason that the county wants the land to be dedicated to public use,
the county shall have sixty (60) days to request that the land be dedicated to public use and the
dedication shall be completed within one hundred twenty (120) days after the date of disapproval. If the
county has not acted within the one hundred twenty (120) day period, the subdivision plat or site plan
shall be approved provided that all other requirements of law have been satisfied. The board of
supervisors shall not be required to compensate the subdivider for the land dedicated if the need for the
land is substantially generated by the subdivision. The determination of whether the need for the land is
substantially generated by the subdivision shall be made by cons idering the factors for a determination
set forth in section 14-424(B).
C. The subdivider may petition the board of supervisors to release the reservation if the map
is amended to remove the street, alley, walkway, waterway or public area from the lands reserved on the
plat.
State law reference --Va. Code § 15.2-2233.
Sec. 14-430 Dedication of water and sewerage systems.
The agent shall require each subdivider to dedicate to the service authority for public use all
water and sewerage facilities des igned, constructed and approved to be dedicated as public water and
public sewerage systems, and to establish an easement on the land appurtenant thereto and extending to
any abutting property identified by the agent, if the facilities are required by this chapter, as follows:
78
A. The board of supervisors and the service authority shall not be required to compensate
the subdivider for the dedicated facilities or the establishment of the easement.
B. The facilities to be dedicated and the easement to be established shall be set apart on
the final plat and shall be identified by a note on the plat stating that the facilities are dedicated to, and the
easement is established for, to the service authority.
(9-5-96, 1-3-96, 8-28 -74; 1988 Code, § 18 -25; Ord. 98-A(1), 8-5-98, § 14-430)
State law reference --Va. Code § 15.2-2241(5).
Sec. 14-431 Easements for facilities for stormwater management and drainage control.
The agent shall require a each subdivider to establish easements for facilities for stormwater
management and drainage control, as follows:
A. The following easements shall be required:
1. An easement for all stormwater management facilities and drainage control
improvements located on the property shall be established whenever the improvement is designed and/or
constructed beyond a street right -of-way or access easement, and shall extend from all drainage outfalls
to an adequate channel as defined in 4 VAC § 50-30-10 that satisfies the minimum standards in 4 VAC §
50-30 -40(19) to the boundary of the property.
2. An easement along any natural stream or man -made waterway located on the
property.
B. The area of each easement shall be sufficient, as determined by the county engineer, to:
(i) accommodate the facilities and the drainage characteristics from each drainage outfall from a drainage
control; and (ii) allow access to a natural stream or man-made waterway to allow widening, deepening,
relocating, improving, or protecting the natural stream or man -made waterway for drainage purposes.
C. Each easement shall include the right of ingress and egress for installation, maintenance,
operation, repair and reconstruction of any improvement within the easement. The agent also may
require that an easement be provided through abutting land under the same ownership as the property.
D. The board of supervisors shall not be required to compensate the subdivider for any
easement or any improvements thereon.
E. No easement shall be considered part of any required street widt h.
(§ 18 -16, 9-5 -96, 8-28-74 (§ 3); § 18-21, 9-5-96, 12 -15 -82, 8-28-74 (§ 3); 1988 Code, §§ 18-16, 18 -21;
Ord. 98 -A(1), 8-5-98, § 14 -409)
State law reference --Va. Code § 15.2-2241(3).
Sec. 14-432 Easements for cable television and public service corporations.
The agent may require a subdivider to convey, where appropriate, common or shared easements
to franchised cable television operators furnishing cable television and public service corporations
furnishing cable television, gas, telephone and electric service to the subdivision, as follows:
A. The location of each easement shall be adequate for use by franchised cable television
operators and public service corporations which may be expected to occupy them.
B. Each easement shall include the right of ingress and egress for installation, maintenance,
operation, repair and reconstruction of any improvement within the easement. The agent also may
require that an easement be provided through abutting land under the same ownership as the prop erty.
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C. The easement shall be conveyed by reference on the final plat to a declaration of the
terms and conditions of the common easements.
(Ord. 98-A(1), 8-5 -98, § 14-410)
State law reference --Va. Code § 15.2-2241(6).
Sec. 14-433 Effect of re cordation of plat on dedications and certain easements.
The recording of a final plat shall transfer dedicated land and improvements and establish certain
easements as follows:
A. Recordation shall operate to transfer, in fee simple, to the county that portion of the land
set apart on the plat and dedicated for public use as provided in sections 14 -426, 14 -428 and 14-431.
B. Recordation shall operate to transfer to the county any easement indicated on the plat to
create a public right of passage over the property.
C. Recordation shall operate to transfer to the service authority, in fee simple, the water and
sewer facilities, and the easement, as provided in section 14-430.
D. Recordation shall operate to terminate and extinguish all right s-of-way, easements or
other interests of the county in the property not shown on the plat, except that an interest acquired by the
county by eminent domain, by purchase for valuable consideration and evidenced by a separate
instrument of record, or street s, alleys or easements for public passage subject to the provisions of
Virginia Code §§ 15.2-2271 or 15.2-2272 shall not be affected by recordation.
E. Recordation shall not constitute acceptance of any improvements by the county or any
service authority, state agency or department.
(Ord. 98-A(1), 8-5 -98, § 14-411)
State law reference --Va. Code § 15.2-2265.
Division 6. Completion of On-site Improvements and Surety
Sec. 14-434 Completion of on-site improvements required prior to plat approval.
Except as provided in section 14 -435, all on -site improvements required by this chapter, other
than a private street authorized under section 14 -232(B)(1), 14 -232(B)(2), 14 -233(A)(2) or 14 -433(B)(2)
serving less than three (3) lots, shall be completed prio r to approval of the final plat. Prior to approval of
the final plat:
A. The subdivider shall submit to the agent a certificate of completion of all of the
improvements prepared by a professional engineer or a land surveyor, to the limits of his license; and
B. The subdivider shall certify to the agent that all of the construction costs for the
improvements, including those for materials and labor, have been paid to the person constructing the
improvements.
9-5 -96, 12-15 -82, 4-21 -76, 2-19-76, 8-28 -74 (§ 3); 1988 Code, § 18-18; Ord. 98-A(1), 8-5 -98, § 14-412)
State law reference --Va. Code § 15.2-2241(9).
Sec. 14-435 Surety in lieu of completion of on-site improvements.
Notwithstanding section 14 -434, pending actual completion of all on-site improvements, a final
plat may be approved as follows:
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A. The subdivider shall enter into an agreement with the county to complete the construction
of all improvements required by this chapter within a period of time agreed to by the parties, and furnish
to the agent a certified check, bond with surety satisfactory to the county, a letter of credit satisfactory to
the county, or collaterally assign funds in a manner satisfactory to the county, in an amount sufficient for
and conditioned upon the construction of the improvements. The form of the agreement and the type of
surety guarantee shall be acceptable to the county engineer and be approved by the county attorney.
B. The subdivider shall submit a request for a bond estimate to the county engineer. The
county engineer shall prepare a cost estimate of all improvements, based upon unit prices for new public
or private sector construction in the county, and a reasonable allowance for estimated administrative
costs, including inspection fees require d pursuant to section 14-203(E)(5), inflation, and potential damage
to existing streets or utilities, which shall not exceed twenty-five (25) percent of the estimated construction
costs.
C. The county may make use of the certified check or call on the bond with surety, letter of
credit, or collaterally assigned funds if either: (i) the subdivider fails to timely renew the bond with surety,
letter of credit, or the collaterally assigned funds; or (ii) the county engineer, in his discretion, determines
that any of the improvements have not been completed in a timely manner and the completion of the
improvements is deemed necessary to protect the public health, safety or general welfare.
D. Surety shall not be required for a private street authorized und er section 14-232(B)(1),
14-232(B)(2), 14-233(A)(2) or 14-233(B)(2).
(9-5-96, 12 -15-82, 8-28-74 (§ 3); 1988 Code, § 18 -19; Ord. 98-A(1), 8-5-98, § 14-413)
State law reference --Va. Code § 15.2-2241(5).
Sec. 14-435.1 Surety for maintenance of streets until accepted into state system.
If one or more public streets within a subdivision are proposed for dedication or have been
dedicated for public use and the street or streets, due to factors other than quality of construction, is not
acceptable into the secondary system of state highways, the subdivider shall, prior to approval of the final
plat or prior to the final release of surety as provided in section 14 -436, provide surety for the
maintenance of the street or streets as provided herein:
A. The sub divider shall furnish to the agent a certified check, bond with surety satisfactory to
the county, or a letter of credit satisfactory to the county, or collaterally assign funds in a manner
satisfactory to the county, in an amount established by the Virginia Department of Transportation
sufficient for and conditioned upon the maintenance of the street or streets until it is accepted into the
secondary system of state highways, and assume the subdivider’s liability for maintenance of the street or
streets. The form and the type of the surety shall be to the satisfaction of and be approved by the county
attorney.
B. For purposes of this section, the term “maintenance” means maintenance of the streets,
curb, curb and gutter, sidewalks drainage facilities, utilities or other street improvements, including the
reconstruction and repaving of any street which is required by the Virginia Department of Transportation
before the street may be accepted into the secondary system of state highways, and the correc tion of
defects or damage, and the removal of snow, water or debris so as to keep the street reasonably open for
public usage.
(9-5-96, 12 -15-82, 4-21-76, 2-19 -76, 8-28-74 (§ 3); 1988 Code, § 18 -18; Ord. 98 -A(1), 8-5-98, § 14 -414)
State law reference --Va. Code § 15.2-2241(5).
Sec. 14-436 Release of surety.
A bond, escrow, letter of credit or other surety required by this chapter shall be released as
follows:
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A. Upon written request by the subdivider, the senior director of the department of
community development shall make periodic partial releases of the surety as provided in Virginia Code §
15.2-2245.
B. Within thirty (30) days after receipt of a written notice by the subdivider of completion of
part or all of any improvements required to be constructed by this chapter, the senior director of the
department of community development shall respond in writing to the subdivider in one of the following
ways: (1) grant the partial or final release, if the applicable state agency, county department, or any
applicable authority or other entity has accepted the improvements; or (2) inform the subdivider that the
improvement has not been accepted by the applicable state agency, county department, authority or
other entity and/or identify any specified def ects or deficiencies in construction and suggested corrective
measures.
C. If the senior director of the department of community development fails to take action
within the thirty (30) day period, the request of the subdivider shall be deemed approved and a partial
release shall be granted to the subdivider. No final release shall be granted until after expiration of the
thirty (30) day period and there is an additional request in writing sent by certified mail by the subdivider
to the county executive. The senior director shall act within fourteen (14) days of receipt of this request
by the county executive. If the senior director fails to take action on the request within ten (10) working
days of receipt of the request, it shall be deemed approved and final release shall be granted to the
subdivider.
D. Upon final completion and acceptance or approval of the improvements and upon receipt
from the subdivider of a certification of final completion from a professional engineer, or land surveyor, or
the senior director of the department of community development, the senior director shall release any
remaining surety to the subdivider. A public improvement shall be deemed to be accepted when it is
accepted by and taken over for operation and maintenance by the county, an authority, or a state agency
or department responsible for maintaining and operating the improvement. A private improvement shall
be deemed to be approved when the senior director determines that the improvements are completed.
(9-5-96, 12 -15-82, 4-21-76, 2-19 -76, 8-28-74 (§ 3); 1988 Code, § 18 -18; Ord. 98 -A(1), 8-5-98, § 14 -415)
State law reference --Va. Code § 15.2-2245.
Sec. 14-437 Effect of acceptance or approval of improvements.
Nothing in this chapter, including the approval of a final plat, shall obligate the county, an
authority, or a state agency or department to accept and take over for operation and maintenance any
improvements completed by a subdivider as required by this chapter. Acceptance or approval of an
improve ment shall be made only if the improvement satisfies all applicable statutes, regulations,
ordinances, guidelines and design and construction standards for acceptance or approval of the
improvement, upon completion of inspections as provided in section 14-438.
(Ord. 98-A(1), 8-5 -98, § 14-416)
State law reference --Va. Code § 15.2-2255.
Sec. 14-438 Inspections; right of entry.
Improvements required by this chapter shall be inspected as follows:
A. The submittal of a preliminary or final plat by a subdivider shall constitute consent by the
subdivider to all officers and employees of the county, the service authority and any other authority, and
any state department or agency, responsible for the administration and enforcement of this chapter, to
ent er upon the property at all reasonable times for the purpose of making periodic inspections related to
the review of the preliminary and/or final plat for compliance with this chapter.
B. The subdivider shall provide at least five (5) days prior notice to the county engineer
when each stage of the construction and improvement of the subdivision is ready for inspection, in
accordance with the schedules and regulations promulgated by the board of supervisors.
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C. Any inspection of public improvements shall be conducted solely to determine
compliance with the requirements and specifications provided by law and the approved design plan.
(Ord. 98-A(1), 8-5 -98, § 14-417)
State law reference --Va. Code §§ 15.2-2245, 15.2 -2255.
Sec. 14-439 Improvements completed at expense of subdivider; exception.
All on-site improvements required by this chapter shall be completed at the expense of the
subdivider, except where the subdivider and the county enter into a cost-sharing or reimbursement
agreement prior to final plat approval.
(9-5-96, 12 -15-82, 4-21-76, 2-19 -76, 8-28-74 (§ 3); 1988 Code, § 18 -18; Ord. 98 -A(1), 8-5-98, § 14 -402)
State law reference --Va. Code §§ 15.2-2241, 15.2 -2242, 15.2 -2243.
Sec. 14-440 County not obligated to maintain improvements.
The county shall not be obligated to maintain, repair, replace or reconstruct any improvement
required by this chapter. Nothing in this chapter obligates the county to pay any costs arising from any
improvement, unless the county has an ownership interest in the improvement or has otherwise agreed in
writing to maintain, repair, replace or reconstruct the improvement.
(Ord. 98-A(1), 8-5 -98, § 14-403)
State law reference --Va. Code §§ 15.2-2241, 15.2 -2242, 15.2 -2243.
This ordinance shall be effective on and after June 20, 2005, provided, however, any subdivision plat
submitted on or before April 20, 2005, and approved on or before October 21, 2005, may be approved
under the subdivision ordinance in effect on April 19, 2005.
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ATTACHMENT 11
BUDGET RES OLUTION
BE IT RESOLVED by the Board of County Supervisors of Albemarle County, Virginia, that the budget for
the County for the Fiscal Year beginning July 1, 2005 be approved as follows:
* * * * * * * * * * * * * * * *
FY 05/06 ADOPTED
Administration 9,115,938$
Judicial 3,041,920$
Public Safety 21,912,850$
General Services 3,109,005$
Human Development (including PVCC)14,342,991$
Parks, Recreation, and Cultural 5,280,679$
Community Development 7,253,518$
Refunds 137,000$
City/County Revenue Sharing 9,742,748$
General Government Capital Projects 13,166,000$
Stormwater Improvements 450,000$
General Government Debt Service 2,253,574$
Education - Capital Projects 9,383,000$
Education - Debt Service 11,260,245$
Education - School Operations 125,898,394$
Education - Self-Sustaining Funds 13,459,307$
Special Revenue Fund Operations 15,270,471$
Less: Interfund Transfers (9,848,123)$
Contingency Reserves 645,020$
TOTAL 255,874,537$
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ATTACHMENT 12
RESOLUTION
BE IT RESOLVED that the Board of Supervisors of Albemarle County, Virginia, does hereby set the
County Levy for Calendar Year 2005 for General County purposes at Seventy-Four Cents
($0.74) on every One Hundred Dollars of assessed value of real estate; at Seventy-Four Cents
($0.74) on every One Hundred Dollars of assessed value of manufactured homes; at Seventy-
Four Cents ($0.74) on every One Hundred Dollars of assessed value of public service
assessments; at Four Dollars and Twenty-Eight Cents ($4.28) on every One Hundred Dollars of
assessed value of personal property; and at Four Dollars and Twenty-Eight Cents ($4.28) on
every One Hundred Dollars of assessed value of machinery and tools; and
FURTHER orders that the Director of Finance of Albemarle County assess and collect the taxes on all
taxable real estate and all taxable personal property.
* * * * * * * * * * * * * * *
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ATTACHMENT 13
RESOLUTION TO AUTHORIZE
ACQUISITION OF PROPERTY
W HEREAS, the County of Albemarle and the City of Charlottesville desire to acquire certain
property within the City for the purpose of providing public space for court house facilities and related
offices; and
WHEREAS, agreements for the acquisition of the properties were approved by the Board of
Supervisors on July 14, 2004.
NOW, THEREFORE, BE IT RESOLVED that the Albemarle County Board of Supervisors hereby
authorizes the County Executive to execute the deed and all other documents approved by the Count y
Attorney necessary to purchase and accept the following properties on behalf of the County:
1. City of Charlottesville TMP 530108000 To be conveyed by Hedgerow Corporation
2. City of Charlottesville TMP 530109000 To be conveyed by Hedgerow Corporation
3. City of Charlottesville TMP 530111000 To be conveyed by Hedgerow Corporation
4. City of Charlottesville TMP 530159000 To be conveyed by Hedgerow Corporation