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ACTIONS
Board of Supervisors Meeting of July 1, 2009
July 6, 2009
AGENDA ITEM/ACTION
ASSIGNMENT
1. Call to Order.
• Meeting was called to order at 9:03 a.m. by the
Chairman, Mr. Slutzky. All BOS members were
present. Also present were Bob Tucker, Larry
Davis, Ella Jordan and Meagan Hoy.
4a. Recognition: Innovation Alliance Award.
• Chairman recognized Toni Shope, present on
behalf of the Alliance for Innovation, who was
present to recognize the County’s Family
Support Program to receive a prestigious
Outstanding Achievement in Local Government
Innovation Award. Ms. Shope presented the
award to Kathy Ralston and Debbie Chlebnikow.
4b. Recognition: 25th Anniversary of the Creation of the
Police Department.
• Chairman presented resolution to John Miller,
Lt. James Bond and Captain Kanie Richardson.
(Attachment 1)
5. From the Board: Matters Not Listed on the Agenda.
Sally Thomas:
• Provided Board members with an update on the
High Growth Coalition meeting she and Ms.
Mallek attended.
Dennis Rooker:
• Commented that Kiplingers recently selected
this area as the 4th best place in the country to
find a job. He added that Lee Catlin has created
a list of various community accolades this area
has received. Board members asked that they
be provided a copy of the list.
Lee Catlin: Provide copy of list.
6. From the Public: Matters Not Listed for Public
Hearing on the Agenda.
• Kevin Boyer, President of the Association of
Firefighters, encouraged the Board to work
towards the creation and acceptance of an
ordinance.
7.2 FY 2009 Appropriations.
• APPROVED budget amendment in the amount
of $125,816.46 and APRPOVED Appropriations
#2009065 and #2009066.
Clerk: Forward copy of signed appropriation
forms to Finance and appropriate individuals.
7.3 Destruction of FY 2004 Paid Personal Property Tax
Receipts.
• APPROVED destruction of FY 2004 paid tax
receipts.
Richard Wiggans/Tammy Critzer: Proceed as
approved.
7.4 Five Oaks Court Road Name Change.
• APPROVED changing the road name of Five
Oaks Court to Frays Ridge Court and
AUTHORIZED staff to implement the change.
Tex Weaver: Proceed as approved.
7.5 Resolution to accept road(s) in High View Estates
Subdivision into the State Secondary System of
Highways.
• ADOPTED resolution.
Clerk: Forward signed resolution and AM-4.3
form to Glenn Brooks. (Attachment 2)
7.6 Quarterly Resource Management Review Update. Bob Tucker/Tom Foley: Provide requested
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• Board members requested information on
financial impact of implementing
recommendations. Board members indicated
they would be forwarding additional questions to
staff.
information.
8. School Board Chairman, Board-to-Board.
• RECEIVED.
9a. Quarterly Update: Albemarle County Service
Authority, Gary Fern.
• RECEIVED.
9b. Quarterly Update: Rivanna Water and Sewer
Authority, Tom Frederick.
• RECEIVED.
Board recessed at 10:47 a.m. and reconvened at 10:58 a.m.
10. Public Hearing: FY 2010 Budget Amendment.
• APPROVED the FY 2010 Budget Amendment in
the amount of $3,748,364.30 and APPROVED
Appropriations #2010001, #2010002, #2010003,
#2010004, #2010005 and #2010006 to provide
funds for various local government and school
projects and programs.
Clerk: Forward copy of signed appropriation
forms to Finance and appropriate individuals.
11. Public Hearing: Ordinance No. 09-07( ) – Health
and Safety.
• ADOPTED ordinance.
Clerk: Forward copy of adopted ordinance to
Community Development and County
Attorney’s Office. (Attachment 3)
12. Public Hearing: Ordinance No. 09-07( ) – Health
and Safety.
• DEFERRED action on the proposed ordinance
until such time as staff can bring back
alternative proposals. CONSENSUS that the
Police Department utilizes the County’s existing
Noise Ordinance until this issue comes back to
the Board.
County Attorney’s office: Bring back when
ready to come to Board.
13. Public Hearing: ZTA-2009-005. Enforcement and
Administration.
• ADOPTED ordinance.
Clerk: Forward copy of adopted ordinance to
Community Development and County
Attorney’s Office. (Attachment 4)
14. Public Hearing: ZTA-2009-006. Accessory
structures in required yards.
• ADOPTED ordinance
Clerk: Forward copy of adopted ordinance to
Community Development and County
Attorney’s Office. (Attachment 5)
15. Public Hearing: ZTA-2009-007. Temporary
construction headquarters and yards.
• ADOPTED ordinance
Clerk: Forward copy of adopted ordinance to
Community Development and County
Attorney’s Office. (Attachment 6)
16. Downtown Crozet Stormwater Management.
• AUTHORIZED staff to proceed with easement
and property acquisition; and DIRECTED staff
to bring back the necessary appropriation form
to appropriate funds from Grayrock proffers,
Stormwater Control Improvement Funds and
RRBC grant.
Greg Harper/George Shadman: Proceed as
approved.
17. Work Session: ZTA-2008-02. Planned
Developments and Neighborhood Model District.
• Due to time constraints, this item was deferred
to August 5th.
Clerk: Schedule on August 5, 2009.
18. Closed Meeting.
• At 12:46 p.m., the Board went into Closed
Meeting to consider appointments to boards,
committees, and commissions; to conduct an
administrative evaluation; to evaluate the
performance of a County department which
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requires the discussion of the performance of a
specific individual; and to discuss with legal
counsel and staff specific matters requiring legal
advice relating to the negotiation of an open
space easement.
19. Certify Closed Meeting.
• At 2:12 p.m., the Board reconvened into open
meeting and certified the Closed Meeting.
20. Appointments: Boards and Commissions.
• APPOINTED France Hooper to the Community
Mobility Committee, to fill an unexpired term
which will expire December 31, 2010.
• APPOINTED Jane Covington to the Historic
Preservation Committee, to fill an unexpired
term which will expire June 4, 2010.
• APPOINTED Drew Holzwarth to the Housing
Committee, to fill an unexpired term which will
expire December 31, 2010.
• APPOINTED Darlene “Casey” Beeghly to the
Pantops Community Council, with term to be
determined at a future date.
• APPOINTED Faye Giles as an at large member
to the Workforce Investment Board, with said
term to expire June 30, 2010.
• REAPPOINTED Jeff Werner to the Fiscal
Impact Advisory Committee with said term to
expire July 8, 2011.
• REAPPOINTED Rod Gentry to the Workforce
Investment Board as an at large member with
said term to expire June 30, 2010.
• REAPPOINTED Sue Goldman to the Workforce
Investment Board with said term to expire June
30, 2012.
Clerk: Prepare appointment/reappointment
letters, update Boards and Commissions book,
webpage, and notify appropriate persons.
21a. VDOT Monthly Report.
• Allan Sumpter provided the following additional
updates:
• The signal at Woodbrook and 29 has been
investigated and changes have been made.
• The four way stop at Woodlands Road and
Raes Ford Road will be installed next week.
• The public hearing package for Georgetown
Road is still moving along in the review
process in the central office. Next it will go
to the state for approval. Mr. Rooker
pointed out that they did not want street
lights. Mr. Sumpter said they will continue
to work on that issue.
• Jarman’s Gap is proceeding with getting to
the right of way phase.
• District Construction Engineer Kenneth
Shirley updated the Board on the
Meadowcreek Parkway.
21b. Transportation Matters not Listed on the Agenda.
Dennis Rooker:
• Asked when the Burnley Road Bridge would be
paved. Mr. Sumpter said they are partnering
with Buckingham Branch on this bridge, and
they have a plan to get the work completed.
Clerk: Forward comments to Sue Kennedy
and Allan Sumpter.
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21d. Hatton Ferry Funding.
• MOVED, by a vote of 6:0, to appropriate
$9,300 from tourism fund capital code
1901072030950107, River Access
Improvements, for the operation of the Hatton
Ferry through September 30, 2009 with the
understanding that any private contributions
received for the Hatton Ferry operation be
utilized to offset County funding support.
• AUTHORIZED the County Executive to execute
an appropriate memorandum of agreement with
VDOT.
Clerk: Provide 2 original signed copies of
agreement to VDOT, and copies to County
Attorney and Pat Mullaney. Forward
necessary information to Accounting for
payment.
21c. Route 29 Corridor Program.
• RECEIVED.
Board recessed at 3:27 p.m. and reconvened at
3:37 p.m. in Room 241.
23. Joint Meeting with School Board.
23b. Discussion: Policy, re: School Funding Allocations.
• DIRECTED staff to prepare information for a
future joint work session with the School Board
to consider changes to the role of the CIP
Oversight Committee. The information will
include proposed criteria to aid the committee in
its decision-making process and information on
how other peer localities address this process.
Clerk: Schedule joint meeting when ready.
22. From the Board: Matters Not Listed on the Agenda.
David Slutzky:
• Asked staff to update the Board on County
policy regarding the use of County funds to pay
for food and beverages.
County Executive Staff: Proceed as directed.
24. Adjourn.
• At 4:31 p.m., the Board adjourned.
ewj/mrh
Attachment 1 – Resolution recognizing 25th Anniversary of the Creation of the Police Department
Attachment 2 – Resolution to accept road(s) in High View Estates Subdivision into the State Secondary
System of Highways
Attachment 3 – Ordinance No. 09-07(1) – Health and Safety.
Attachment 4 – Ordinance - ZTA-2009-005. Enforcement and Administration.
Attachment 5 – Ordinance - ZTA-2009-006. Accessory structures in required yards
Attachment 6 – Ordinance - ZTA-2009-007. Temporary construction headquarters and yards
Attachment 7 – Hatton Ferry Memorandum of Agreement
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ATTACHMENT 1
On behalf of the citizens and the Board of Supervisors of Albemarle County, we would like to
recognize the men and women of the Albemarle County Police Department on the occasion of
the 25th anniversary of the formation of the Police Department. It is our pleasure to recognize
and express appreciation and support for the
Albemarle County Police Department
Achieving this milestone is a tremendous credit to all of the men and women of the
Department who for the past 25 years have provided our citizens with a high level of dedication
and professionalism. Albemarle County was only the 24th law enforcement agency in the
Commonwealth of Virginia to receive its accreditation in 2000, following a rigorous four-year
process.
Our community receives many accolades, appearing frequently on national lists such as
the #1 Best Place to Live in the United States. We could not achieve the outstanding quality of
life we are so fortunate to enjoy, and that we are so well known for, if we were not a safe and
secure place for people to live, work and play. Our Police Department plays a critical role in
our success as an attractive and desirable location for residents, businesses and tourists.
The Police Department has evolved over time to meet the community’s changing needs
and demands and has remained on the leading edge of law enforcement innovations. These
advancements have been made possible by progressive, innovative police professionals who
over the past 25 years have acted aggressively to keep our department at the forefront of the
law enforcement profession.
On behalf of the County of Albemarle and the citizens of Albemarle County, we want to
congratulate the Police Department on its 25th anniversary and thank all the department
members, past and present, for the contribution they each have made to our community’s
safety and well-being.
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ATTACHMENT 2
The Board of County Supervisors of Albemarle County, Virginia, in regular meeting on the 1st day
of July 2009, adopted the following resolution:
R E S O L U T I O N
WHEREAS, the street(s) in High View Estates Subdivision, as described on the attached
Additions Form AM-4.3 dated July 1, 2009, 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 requirements 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 Transportation to add the street(s) in High View Estates, as
described on the attached Additions Form AM-4.3 dated July 1, 2009, 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 AM-4.3 is:
1) Molly Lane (State Route 1039) from the intersection of Route 618 (Martin Kings Road)
to the cul-de-sac, as shown on plat recorded in the office the Clerk of Circuit Court of
Albemarle County in Deed Book 3335, page 474, with a 50-foot right-of-way width, for a
length of 0.26 miles.
Total Mileage – 0.26
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ATTACHMENT 3
ORDINANCE NO. 09-07(1)
AN ORDINANCE TO AMEND CHAPTER 7, HEALTH AND SAFETY, ARTICLE II, NAMING OF ROADS
AND NUMBERING OF PROPERTIES, 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 7,
Health and Safety, Article II, Naming of Roads and Numbering of Properties, is hereby amended and
reordained as follows:
By Amending:
Sec. 7-201 Designation of agent
Chapter 7. Health and Safety
Article II. Naming of Roads and Numbering of Properties
Sec. 7-201 Designation of agent.
The director of planning is hereby designated the agent under Virginia Code § 15.2-2019 for the
purpose of assigning road names and property addresses, and for the development and maintenance of
a manual and maps, as provided in sections 7-202 and 7-203.
(§ 16.01-2, 7-8-92; 10-13-93; Code 1988, § 16.01-2; Ord. A(1), 8-5-98)
State law reference--Va. Code § 15.2-2019.
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ATTACHMENT 4
ORDINANCE NO. 09-18(3)
AN ORDINANCE TO AMEND CHAPTER 18, ZONING, ARTICLE I, GENERAL PROVISIONS, ARTICLE
IV, PROCEDURE, AND ARTICLE V, VIOLATION AND PENALTY, 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 18,
Zoning, Article I, General Provisions, Article IV, Procedure, and Article V, Violation and Penalty, are
hereby amended and reordained as follows:
By Amending:
Sec. 3.1 Definitions
Sec. 34.3 Appeal to the board of zoning appeals
By Amending and Renaming:
Sec. 31.1 Designation of zoning administrator; authority
Sec. 36.1 Violations
By Amending, Renumbering and Renaming Where Noted (old section number first, followed by
name, followed by new section number):
Sec. 31.2.2 Building permits Sec. 31.2 (part) and Sec. 31.3 (part) Zoning
permits
Sec. 31.2.3.1 Certificate of occupancy Sec. 31.4
Sec. 31.2.3.2 Zoning clearance Sec. 31.5
Sec. 31.2.4 Special use permits Sec. 31.6
Sec. 31.2.4.1 Reserved to board of supervisors Sec. 31.6(part)
Sec. 31.2.4.2 Application Sec. 31.6(part)
Sec. 31.2.4.2.1 Limitation of filing new application
after original denial Sec. 31.6(part)
Sec. 31.2.4.2.2 Withdrawal of application Sec. 31.6(part)
Sec. 31.2.4.3 Conditions Sec. 31.6(part)
Sec. 31.2.4.4 Revocation Sec. 31.6(part)
Sec. 31.2.5 Review of public features to determine Sec. 31.7
substantial accord with the comprehensive plan
Sec. 37.1 Criminal penalties Sec. 36.4
Sec. 37.2 Civil penalties Sec. 36.3
Sec. 37.3 Injunctive relief and other remedies Sec. 36.5
By Repealing:
Sec. 31.1.1 Enforcement of board of zoning appeals decisions
Sec. 31.1.2 Enforcement of minimum requirements
Sec. 31.1.3 Interpretation by zoning administrator
Sec. 31.2 Permits (heading only)
Sec. 31.2.3 Certificates of occupancy; zoning compliance clearance (heading only)
By Repealing But Moving Substance Into a New Section (old section number and name first,
followed by new section number:
Sec. 31.2.1 Permits required; conformance Sec. 31.2(part), Sec. 31.3(part) and Sec.
36.1(part)
Sec. 31.2.3.3 Authority not to issue certificate of occupancy
or zoning compliance clearance Sec. 31.3(part) and Sec. 31.4(part)
Sec. 36.2 Notice of violation Sec. 36.2
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Sec. 36.3 Remedies not exclusive Sec. 36.2
Sec. 36.4 Complaints regarding violations Sec. 36.2
Chapter 18. Zoning
Article I. General Provisions
Sec. 3.1 Definitions
. . .
Building code: The term “building code” means the Virginia Uniform Statewide Building Code.
. . .
Building permit: The term “building permit” means a permit issued by the building official under the
building code that is subject to the fees stated in Albemarle County Code § 5-201.
. . .
Certificate of occupancy: The term “certificate of occupancy” means a certificate issued by the building
official and the zoning administrator after final inspections under the building code and this chapter
certifying that a building or structure is in compliance with the building code and this chapter.
. . .
Chapter, this: The term “this chapter” means chapter 18 of the Albemarle County Code, also known as
the Albemarle County zoning ordinance, and all applicable proffers, special use permits and their
conditions, certificates of appropriateness and their conditions, variances and their conditions, application
plans, codes of development, site plans, zoning compliance clearances, waivers, modifications and
variations and their conditions, and all other approvals and their conditions authorized by this chapter.
. . .
Site. The term “site” means one or more lots, or any part thereof, including one or more lots shown on a
subdivision plat, site plan, or application plan. References in this chapter to “premises,” “land,” “lands,”
“lots” or “parcels” are to a site.
. . .
Virginia Code. The term “Virginia Code” means the Code of Virginia, 1950, as amended, including the
latest edition or supplement unless otherwise indicated. References in this chapter to the “Code of
Virginia” and the “Code” are to the Virginia Code.
. . .
Zoning administrator: The term “zoning administrator” means the officer designated to administer and
enforce this chapter, or his or her designee.
. . .
Zoning clearance: The term “zoning clearance” means a written determination by the zoning
administrator that a proposed use or structure complies with this chapter. References in this chapter to
“zoning compliance clearance” are to a zoning clearance.
. . .
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Article IV. Procedure
Section 31 Administration and Enforcement
Sec. 31.1 Designation of zoning administrator; authority
The office of zoning administrator is hereby established, subject to the following:
a. Authority. The zoning administrator shall have all necessary authority on behalf of the board of
supervisors to administer and enforce this chapter. This authority includes, but is not limited to:
1. Interpreting this chapter and the official zoning map;
2. Administering this chapter by making determinations and decisions on any matters
arising under this chapter, including but not limited to, how a building, structure or use
should be classified, whether a use is permitted within a particular zoning district, whether
a proposed building or structure complies with setback, height, bulk and other
requirements, whether a building, structure, use or lot is nonconforming, and whether a
lot meets minimum lot size requirements.
3. Ordering in writing the remedying of any use or structure determined to be in violation of
this chapter;
4. Insuring compliance with this chapter, bringing legal action, including an action for
injunction, abatement, civil penalties or other appropriate action or proceeding subject to
appeal as provided by Virginia Code § 15.2-2311 and this chapter;
5. In specific cases, making findings of fact and, with concurrence of the county attorney,
conclusions of law regarding determinations of rights under Virginia Code §§ 15.2-2307
and 15.2-2311(C);
6. Enforcing the provisions of this chapter regulating the number of persons permitted to
occupy a single-family residential dwelling unit, provided such enforcement is in
compliance with applicable local, state and federal fair housing laws; and
7. Making decisions and determinations as to whether a pending site plan, subdivision plat,
building permit application or any other application subject to review and approval by the
county or the program authority complies with this chapter.
b. Absence of specific authority not a limitation. The specific authority expressly granted to the
zoning administrator in other sections of this chapter shall not be construed to be a limitation on
the authority of the zoning administrator to administer and enforce those sections where specific
authority is not expressed.
State law reference – Va. Code § 15.2-2286(A)(4), (14).
Sec. 31.2 Building permit applications
The zoning administrator shall review building permit applications submitted to the building official as
follows:
a. Review. The zoning administrator shall review each building permit application to ensure that the
proposed building or structure complies with this chapter. Each applicant shall provide two (2)
copies of the building plans, two (2) copies of the approved site plan if applicable, and a copy of
the most recent plat of record of the site to be built upon unless no such plat exists, in which case
the applicant shall provide a copy of the most recent deed description of the land. Each applicant
shall also provide any other information the zoning administrator deems necessary to review the
application.
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b. Approval. If the proposed building or structure and stated use comply with this chapter, the
zoning administrator shall approve the building permit application as to its compliance with this
chapter. Upon approval of the building permit, one (1) copy of the building plan shall be returned
to the applicant with the permit.
c. Circumstances when building permit shall not be approved. The zoning administrator shall not
approve a building permit in the following circumstances:
1. No building permit shall be issued for any building or structure for which a site plan is
required unless and until the site plan has been approved.
2. No building permit shall be issued for any structure to be served by an individual well
subject to a Tier 1 groundwater assessment under Albemarle County Code § 17-400 until
the applicant complies with Albemarle County Code § 17-401. (Amended 2-5-05)
3. No building permit shall be approved in violation of any provision of this chapter.
(Amended 10-3-01) (§ 31.2.1, 12-10-80; Ord. 01-18(6), 10-3-01)
d. Other information for building official. The zoning administrator shall inform the building official of
any other applicable laws or any other provision of the Code to which the building or structure
would not comply and, therefore, a building permit application should not be approved by the
building official.
(§ 31.2.2, 12-10-80; Ord. 04-18(4), adopted 12-8-04, effective 2-8-05)
Sec. 31.3 Zoning permits
The zoning administrator shall review requests for zoning permits for those buildings and structures not
required to file a building permit application, as follows:
a. When required. Prior to starting, establishing, constructing, reconstructing, enlarging or altering
any buildings or structures for which a building permit application is not required under the
building code, the applicant shall request a zoning permit.
b. Review. The zoning administrator shall review each zoning permit application to ensure that the
proposed building or structure complies with this chapter. Each applicant shall provide a copy of
the most recent plat of record of the land to be built upon unless no such plat exists, in which
case the applicant shall provide a copy of the most recent deed description of the land. Each
applicant shall also provide any other information the zoning administrator deems necessary to
review the application.
c. Approval. If the proposed building or structure and stated use comply with this chapter, the
zoning administrator shall approve the zoning permit application.
Sec. 31.4 Certificates of occupancy
The zoning administrator shall review certificates of occupancy submitted to the building official as
follows:
a. Review. Prior to issuance of a certificate of occupancy, the zoning administrator shall review the
certificate to ensure that the building, structure and improvements comply with this chapter.
b. Approval. If the proposed building, structure and improvements, and the proposed use thereof,
comply with this chapter, the zoning administrator shall issue the certificate of occupancy. The
final zoning inspection approval or approvals may serve as evidence of the zoning administrator’s
approval of the certificate of occupancy for any addition or alteration to a building or structure for
which a certificate of occupancy has previously been issued or is not required under the building
code.
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c. Certificate of occupancy where improvements not completed. Upon the request of a developer,
the zoning administrator may approve a certificate of occupancy where the buildings or structures
shown on a site plan are completed in compliance with the building code and this chapter before
all improvements required by the site plan are completed, as follows:
1. Required findings. The zoning administrator may approve a certificate of occupancy
upon finding that: (i) the improvements still to be completed and operating are not directly
related to health and safety, such as fire hydrants and safe and convenient access to
public roads; and (ii) the site may be occupied without endangering life or public health or
safety prior to full completion of the improvements required by the site plan.
2. Surety. Before issuing a certificate of occupancy, the zoning administrator may require
the developer to provide a certified check, bond with surety, a letter of credit, or other
form of surety, all of which shall be in a form satisfactory to the county attorney, in an
amount sufficient for and conditioned upon the completion of the improvements within
one (1) year. Upon the request of the developer prior to the expiration of the surety, the
zoning administrator may extend the period of the surety if the developer demonstrates
that an extension is required because of adverse weather conditions or other unusual
circumstances beyond the developer’s control, rather than the developer’s failure to
diligently pursue completion or other reasons.
(§ 31.2.3.1, 12-10-80, 6-2-82, 9-9-92; Ord. 01-18(6), 10-3-01)
d. Circumstances when certificate of occupancy shall not be issued. The zoning administrator shall
not issue a certificate of occupancy in the following circumstances:
1. No certificate of occupancy shall be issued in violation of this chapter. (Amended 10-3-
01) (§ 31.2.1, 12-10-80; Ord. 01-18(6), 10-3-01)
2. No certificate of occupancy shall be issued if, after review of any building, structure or
site, the zoning administrator determines that additional improvements are necessary to
protect the public health or safety, regardless of whether the improvements are shown on
the site plan. (Added 9-9-92; Amended 10-3-01) (§ 31.2.3.3, 9-9-92; Ord. 01-18(6), 10-3-
01)
e. Other information for building official. The zoning administrator shall inform the building official of
any other applicable laws or any other provision of the Code to which the building or structure
does not comply and, therefore, a certificate of occupancy should not be issued by the building
official.
Sec. 31.5 Zoning clearance
The zoning administrator shall review requests for zoning clearances as follows:
a. When required. A zoning clearance shall be required in the following circumstances:
1. New use. Prior to establishing a new non-residential, other than an agricultural, use.
2. Change or intensification of existing use. Prior to changing or intensifying an existing
non-residential, other than an agricultural, use.
3. Change of occupant. Prior to a new occupant taking possession of an existing non-
residential, other than an agricultural, use.
4. Specific buildings, structures or uses. Prior to establishing any building, structure or use
for which a zoning clearance is required under section 5.
b. Approval. If the proposed building, structure, improvements, and site, and the proposed use
thereof, comply with this chapter, the zoning administrator shall issue the zoning clearance.
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c. Circumstance when zoning clearance shall not be issued. The zoning administrator shall not
issue a zoning clearance if, after review of any site, the zoning administrator determines that
additional improvements are necessary to protect the public health or safety, regardless of
whether the improvements are shown on the site plan. (Added 9-9-92; Amended 10-3-01) (§
31.2.3.3, 9-9-92; Ord. 01-18(6), 10-3-01
d. Commercial and industrial uses defined. For the purposes of this section 31.4, production
agriculture is not a commercial or industrial use, and a home occupation, class A or class B, is a
commercial use. (Added 9-9-92; Amended 10-3-01)
e. Effect of renumbering and renaming. Any other section of this chapter that refers to section
31.2.3.2 or to a zoning compliance clearance shall be deemed to be a reference to section 31.4
or a zoning clearance.
(§ 31.2.3.2, 9-9-92; Ord. 01-18(6), 10-3-01)
Sec. 31.6 Special use permits
Sec. 31.6.1 Reserved to board of supervisors
The board of supervisors hereby reserves unto itself the right to issue all special use permits permitted
hereunder. Special use permits for uses as provided in this ordinance may be issued upon a finding by
the board of supervisors that such use will not be of substantial detriment to adjacent property, that the
character of the district will not be changed thereby and that such use will be in harmony with the purpose
and intent of this ordinance, with the uses permitted by right in the district, with additional regulations
provided in section 5, and with the public health, safety and general welfare.
Sec. 31.6.2 Application
Application for a special use permit shall be made by the filing thereof by the owner or contract purchaser
of the subject property with the zoning administrator, together with a fee as set forth in section 35. No
such permit shall be issued unless the board of supervisors shall have referred the application therefor to
the commission for its recommendations. Failure of the commission to report within ninety (90) days after
the first meeting of the commission after the application has been referred to the commission shall be
deemed a recommendation of approval. Provided, however, any day between the date an applicant
requests or consents to a deferral or continuance of the consideration of the application by the
commission until the date of the deferred or continued hearing by the commission shall not be counted in
computing the ninety (90) day review period. The board of supervisors may extend the review period
upon a request by the commission.
The board of supervisors shall act upon such application and render a decision within a reasonable time
period.
No such permit shall be issued except after notice and hearing as provided by Virginia Code § 15.2-2204
and section 33.8 of this chapter. (Amended 5-5-82; 6-19-96)
a. Limitation of filing new application after original denial. Upon denial by the board of supervisors
of any application filed pursuant to section 31.6.2 above, substantially the same petition shall not
be reconsidered within twelve (12) months of the date of denial. (Added 6-19-96)
b. Withdrawal of petition. An application shall be withdrawn, or be deemed to be withdrawn, as
provided herein: (Added 10-3-01)
1. An application filed pursuant to section 31.6.2 above may be withdrawn upon written
request by the applicant. The written request must be received by the body considering
the application prior to it beginning consideration of the matter on the meeting agenda.
Upon receipt of the request for withdrawal, processing of the application shall cease
without further action by the commission or the board. Substantially the same application
14
shall not be reconsidered within twelve (12) months of the date of the withdrawal unless
the body considering the application at the time of withdrawal specifies that the time
limitation shall not apply. (Added 6-19-96; Amended 10-3-01)
2. If the applicant requests that further processing or formal action on the application be
indefinitely deferred, the application shall be deemed to have been voluntarily withdrawn
by the applicant if the commission or the board does not take action on the application
within twelve (12) months after the date the deferral was requested. Upon written
request received by the director of planning before the application is deemed to be
withdrawn, the director may grant one extension of the deferral period for a period
determined to be reasonable, taking into consideration the size or nature of the proposed
use, the complexity of the review, and the laws in effect at the time the request for
extension is made. (Added 10-3-01)
(§ 31.2.4.2.2, 6-19-96; Ord. 01-18(6), 10-3-01)
Sec. 31.6.3 Conditions
The board of supervisors may impose upon any such permit such conditions relating to the use for which
such permit is granted as it may deem necessary in the public interest and may require a bond with
surety or other approved security to ensure that the conditions so imposed shall be complied with. The
conditions shall relate to the purposes of this ordinance, including, but not limited to, the prevention of
smoke, dust, noise, traffic congestion, flood and/or other hazardous, deleterious or otherwise undesirable
substance or condition; the provision of adequate police and fire protection, transportation, water,
sewerage, drainage, recreation, landscaping and/or screening or buffering; the establishment of special
requirements relating to the building setbacks, front, side and rear yards, off-street parking, ingress and
egress, hours of operation, outside storage of materials, duration and intensity of use, building height
and/or other particular aspects of occupancy or use. Except as the board of supervisors may otherwise
specifically provide in a particular case, any condition imposed under the authority of this section shall be
deemed to be essential to and nonseverable from the issuance of the permit itself. (Amended 10-3-01)
(§ 31.2.4.3, 12-10-80; Ord. 01-18(6), 10-3-01)
Sec. 31.6.4 Revocation
Any special use permit issued pursuant to this chapter may be revoked by the board of supervisors, after
notice and hearing pursuant to Virginia Code § 15.2-2204, for willful noncompliance with this chapter or
any conditions imposed under the authority of section 31.6.3. If the use, structure or activity for which a
special use permit is issued is not commenced within twenty-four (24) months after the permit is issued,
the permit shall be deemed abandoned and the authority granted thereunder shall thereupon terminate.
For purposes of this section, if the use authorized by the permit requires the construction of one or more
structures, the term “commenced” means starting the lawful physical construction of any structure
necessary to the use authorized by the permit within twenty-four (24) months after the permit is issued.
The board of supervisors may, as a condition of approval, impose an alternative period in which to
commence the use, structure or activity as may be reasonable in a particular case. A determination that
a permittee has commenced a use, structure or activity under this section is not a determination that the
permittee has acquired a vested right under Virginia Code § 15.2-2307. (Amended 10-3-01)
(§ 31.2.4.4, 12-10-80; Ord. 01-18(6), 10-3-01)
Sec. 31.7 Review of public features to determine substantial accord with the comprehensive plan
If a public facility subject to Virginia Code § 15.2-2232 is not already shown on the comprehensive plan,
the commission shall determine whether the location, character and extent of the public facility subject is
in substantial accord with the comprehensive plan as provided by Virginia Code § 15.2-2232.
Sec. 34.3 Appeal to the board of zoning appeals
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An appeal to the board of zoning appeals may be taken by any person aggrieved or by any officer,
department, board or bureau of the county affected by any decision of the zoning administrator, or from
any order, requirement, decision or determination (collectively, the “decision”) made by any other
administrative officer in the administration or enforcement of this chapter, as provided herein.
a. Time for filing appeal. A notice of appeal (an “appeal”) shall be filed within thirty (30) days after
the decision appealed, provided that an appeal of a decision pertaining to temporary or
seasonal commercial uses shall be filed within ten (10) days after the decision if the notice of
violation states that the ten (10) day appeal period applies.
b. Filing and contents of appeal. An appeal shall be filed with the zoning administrator and with the
board of zoning appeals. The appeal shall specify the grounds for the appeal.
c. Transmittal of record. Upon the filing of an appeal, the zoning administrator shall forthwith
transmit to the board of zoning appeals all the papers constituting the record upon which the
action appealed from was taken.
d. Stay of proceedings. An appeal shall stay all proceedings in furtherance of the action appealed
from unless the zoning administrator certifies to the board of zoning appeals that by reason of
facts stated in the certificate a stay would in his opinion cause imminent peril to life or property, in
which case proceedings shall not be stayed otherwise than by a restraining order granted by the
board of zoning appeals or by a court of record, on application and on notice to the zoning
administrator and for good cause shown.
e. Payment of fee. No appeal shall be processed, no record shall be required to be transmitted as
provided under section 34.3(c), no proceedings shall be stayed as provided under section
34.3(d), and the time for which the appeal must be heard and acted on by the board of zoning
appeals shall not begin, until the fee required by section 35 is paid. The failure of the appellant to
pay the required within the time for filing an appeal shall not be a basis to refuse to accept the
appeal or to dismiss the appeal.
State law reference – Va. Code §§ 15.2-2286(A)(4), 15.2-2311(A), (B).
Article V. Violation and penalty
Sec. 36.1 Violations
The following are violations of this chapter and are declared to be unlawful:
a. Uses. Any use of a structure, improvement or land, established, that is conducted, operated or
maintained in violation of any provision of this chapter or any approved application plan, site plan,
code of development, zoning clearance, or condition accepted or imposed in conjunction with any
county approval under this chapter.
b. Structures or improvements. Any structure or improvement that is established, conducted,
operated or maintained in violation of any provision of this chapter or any approved application
plan, site plan, code of development, zoning permit, zoning clearance, or condition accepted or
imposed in conjunction with any county approval under this chapter.
c. Structures without building permits. Any structure for which a building permit application is
required that is started, established, constructed, reconstructed, enlarged or altered without a
building permit.
d. Use of structure or site without certificate of occupancy. Any use of a structure or site for which a
certificate of occupancy is required that is conducted, operated or maintained without a certificate
of occupancy.
(Subsection c: § 31.2.1, 12-10-80; Ord. 01-18(6), 10-3-01; subsection d: § 31.2.3.1, 12-10-80, 6-2-82, 9-
9-92; Ord. 01-18(6), 10-3-01))
16
Sec. 36.2 Enforcement
The zoning administrator is authorized to enforce this chapter as follows:
a. Investigation. Upon receipt of a complaint or a request to investigate whether this chapter is
being violated, the zoning administrator or his designee shall conduct an investigation.
b. Inspection warrants and search warrants. The zoning administrator is authorized to request and
execute inspection warrants issued by a magistrate or court of competent jurisdiction to allow the
inspection of dwellings authorized under Virginia Code § 15.2-2286(A)(15). The zoning
administrator also is authorized to request and execute search warrants issued by a court of
competent jurisdiction as provided by law. Prior to seeking an inspection warrant or a search
warrant, the zoning administrator or his agent shall make a reasonable effort to obtain consent
from the owner or tenant to enter the structure or property to conduct an inspection or search.
c. Subpoenas duces tecum (court order to produce records). Whenever the zoning administrator
has reasonable cause to believe that any person has engaged or is engaging in any violation of
this chapter that limits occupancy in a dwelling unit and, after a good faith effort to obtain the data
or information necessary to determine whether a violation has occurred, has been unable to
obtain such information, he may request that the office of the county attorney petition the judge of
the general district court for a subpoena duces tecum against any person refusing to produce the
data or information, as authorized under Virginia Code § 15.2-2286(A)(4).
d. Notice of violation; exception. If, upon completion of the investigation, the zoning administrator
determines that a violation of this chapter exists, a notice of violation shall be issued to the person
committing and/or permitting the violation if the zoning administrator determines to pursue
enforcement; provided that a notice of violation shall not be required to be issued for a violation
initiated by a ticket under section 36.3(a).
1. Contents of notice. The notice shall include the following information: (i) the date of the
notice; (ii) the basis for the decision; (iii) a statement informing the recipient that the
decision may be appealed to the board of zoning appeals within applicable appeal period
provided in section 34.3 and that the decision shall be final and unappealable if it is not
timely appealed; and (iv) the time within which the violation shall be abated.
2. Delivery of notice. The notice shall be either hand delivered, posted on the door of a
building on the site, or mailed by regular or certified mail, provided that notice to the
property owner, sent by certified mail to, or posted at, the last known address of the
property owner as shown on the current real estate tax assessment books or current real
estate tax assessment records shall satisfy the notice requirements of this section.
e. Remedies. In the enforcement of this chapter, the zoning administrator may pursue any remedy
authorized by law. The remedies provided in sections 36.3, 36.4 and 36.5 are cumulative and not
exclusive except to the extent expressly provided therein, and shall be in addition to any other
remedies authorized by law.
Sec. 36.3 Civil penalties
Any person, whether the owner, lessee, principal, agent, employee or otherwise, who violates any
provision of this chapter as provided in section 36.1, or permits either by granting permission to another to
engage in the violating act or by not prohibiting the violating act after being informed by the zoning
administrator that the act violates this chapter as provided in section 36.2, shall be subject to the
following:
a. Procedure. Proceedings seeking civil penalties for all violations of this chapter under this section
36.3 shall commence either by filing a civil summons in the general district court or by the zoning
administrator or his deputy issuing a ticket.
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b. Minimum elements of a civil summons or ticket. A civil summons or ticket shall contain, at a
minimum, the following information: (i) the name and address of the person charged; (ii) the
nature of the violation and the section of this chapter allegedly violated; (iii) the location and date
that the violation occurred or was observed; (iv) the amount of the civil penalty being imposed for
the violation; (v) the manner, location and time in which the civil penalty may be paid to the
county; (vi) the right of the recipient of the summons to elect to stand trial and that a signature to
an admission of liability will have the same force and effect as a judgment of a court; and either
the date scheduled for trial, or the date for scheduling of such trial by the court.
c. Amount of civil penalty. Any violation of this chapter shall be subject to a civil penalty of two
hundred dollars ($200.00) for the initial summons, and a civil penalty of five hundred dollars
($500.00) for each additional summons arising from the same set of operative facts.
d. Maximum aggregate civil penalty. The total civil penalties from a series of violations arising from
the same set of operative facts shall not exceed five thousand dollars ($5,000.00). After the civil
penalties reach the five thousand dollar ($5,000.00) limit, the violation may be prosecuted as a
criminal misdemeanor under section 36.4.
e. Each day a separate offense; single offense in 10-day period. Each day during which a violation
is found to exist shall be a separate offense. However, the same scheduled violation arising from
the same operative set of facts may be charged not more than once in a ten (10) day period.
f. Option to prepay civil penalty and waive trial. Any person summoned or ticketed for a violation of
this chapter may elect to pay the civil penalty by making an appearance in person or in writing by
mail to the department of finance prior to the date fixed for trial in court. A person so appearing
may enter a waiver of trial, admit liability, and pay the civil penalty established for the offense
charged. A signature to an admission of liability shall have the same force and effect as a
judgment of court. However, such an admission shall not be deemed a criminal conviction for
any purpose. If a person charged with a violation does not elect to enter a waiver of trial and
admit liability, the violation shall be tried in the general district court in the same manner and with
the same right of appeal as provided by law. A finding of liability shall not be deemed a criminal
conviction for any purpose.
g. Civil penalties are in lieu of criminal penalties. A violation enforced under section 36.3 shall be in
lieu of any criminal penalty except as provided in section 36.3(d) and section 36.4 and, except for
any violation resulting in injury to any person, such a designation shall preclude the prosecution
of the particular violation as a criminal misdemeanor, but shall not preclude any other remedy
available under this chapter.
h. Violations excluded. Section 36.3 shall not be construed to allow the imposition of civil penalties:
(i) for activities related to land development where, for the purposes of this section, the term “land
development” means a human-made change to, or construction on, the land surface including,
but not limited to, land disturbing activity within the meaning of chapter 17 of Albemarle County
Code or the construction of buildings, structures or improvements under an approved site plan or
subdivision plat, but does not mean the land development project’s compliance with this chapter;
or (ii) for the violation of any provision of this chapter relating to the posting of signs on public
property or public rights-of-way.
(§ 37.2; Ord. 00-18(5), 6-14-00; Ord. 02-18(3), 2-13-02; Ord. 05-18(3), 3-16-05; Ord. 06-18(1), 7-05-06)
State law reference – Va. Code § 15.2-2209.
Sec. 36.4 Criminal penalties
Any person, whether the owner, lessee, principal, agent, employee or otherwise, who violates any
provision of this chapter that results in injury to any person, or to whom the five thousand dollar
($5,000.00) maximum aggregate civil penalty provided in section 36.3(c) has been reached and who
continues to violate any provision of this chapter as provided in chapter 36.1, or permits either by granting
permission to another to engage in the violating act or by not prohibiting the violating act after being
18
informed by the zoning administrator that the act continues to violate this chapter as provided in section
36.2, shall be subject to the following:
a. The person shall have committed a misdemeanor offense punishable by a fine of not less than
ten dollars ($10.00) nor more than one thousand dollars ($1,000.00).
b. If the violation is uncorrected at the time of conviction, the court shall order the person convicted
to abate or remedy the violation in compliance with this chapter, within a time period established
by the court. Failure to remove or abate such violation within the time period established by the
court shall constitute a separate misdemeanor offense punishable by a fine of not less than ten
dollars ($10.00) nor more than one thousand dollars ($1,000.00), and any such failure during any
succeeding ten (10) day period shall constitute a separate misdemeanor offense for each ten (10)
day period, punishable by a fine of not less than one hundred dollars ($100.00) nor more than
one thousand five hundred dollars ($1,500.00).
c. Notwithstanding sections 36.4(a) and (b), any conviction resulting from a violation of provisions
regulating the number of unrelated persons in single-family residential dwelling units shall be
punishable by a fine of up to two thousand dollars ($2,000.00). Failure to abate the violation
within the specified time period shall be punishable by a fine of up to five thousand dollars
($5,000.00), and any such failure during any succeeding ten (10) day period shall constitute a
separate misdemeanor offense for each ten (10) day period punishable by a fine of up to seven
thousand five hundred dollars ($7,500.00). However, no such fine shall accrue against an owner
or managing agent of a single-family residential dwelling unit during the pendency of any legal
action commenced by such owner or managing agent of the dwelling unit against a tenant to
eliminate an overcrowding condition in accordance with chapters 13 or 13.2 of title 55 of the
Virginia Code, as applicable. A conviction resulting from a violation of provisions regulating the
number of unrelated persons in single-family residential dwelling units shall not be punishable by
a jail term.
(§ 37.1; Ord. 00-18(5), 6-14-00)
State law reference – Va. Code § 15.2-2286(A)(5).
Sec. 36.5 Injunctive relief and other remedies
Any violation of this chapter may be restrained, corrected, or abated as the case may be by injunction or
other appropriate relief.
(§ 37.3; Ord. 00-18(5), 6-14-00)
State law reference – Va. Code § 15.2-2208.
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ATTACHMENT 5
ORDINANCE NO. 09-18(4)
AN ORDINANCE TO AMEND CHAPTER 18, ZONING, ARTICLE II, BASIC REGULATIONS, 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 18,
Zoning, Article II, Basic Regulations, of the Code of the County of Albemarle is amended and reordained
as follows:
By Amending and Renumbering (old section number first, followed by name, followed by new
section number):
Sec. 4.11.2 Structures in required yards Sec. 4.11.2 (part)
Sec. 4.11.2.1 Accessory structures Sec. 4.11.2 (part)
Sec. 4.11.2.2 Public telephone booths Sec. 4.11.2 (part)
Sec. 4.11.2.3 Fences, mailboxes and Sec. 4.11.2 (part)
similar structures
By Adding:
Sec. 4.11.4 Structures within easements
Chapter 18. Zoning
Article II. Basic Regulations
Sec. 4.11.2 Accessory structures in required yards
Accessory structures are authorized in required yards as follows:
a. Front yards. Accessory structures, including detached garages, are prohibited within the
minimum front yard required by the applicable district regulations except as otherwise provided in
subsection (c).
b. Side and rear yards. Accessory structures are permitted in side and rear yards, provided that
they are erected no closer than six (6) feet to the side or rear property lines or, in the case of an
alley or a shared driveway, no closer than three (3) feet to the edge of the easement or right-of-
way of the alley or shared driveway except as otherwise provided in subsection (c). The zoning
administrator may authorize an accessory structure to be located closer to the edge of an alley
easement or right-of-way if the county engineer determines that the proposed design incorporates
features that assure public safety and welfare. In making the determination, 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 deemed appropriate for the conditions.
c. Accessory structures permitted in required yards. The following accessory structures are
permitted in required yards provided that they comply with the visibility clearance requirements of
section 4.4:
1. Fences, including free-standing walls enclosing yards and other uncovered areas.
2. Freestanding mail and newspaper boxes.
3. Retaining walls.
4. Shelters for school children traveling to and from school.
20
5. Public telephone booths, provided that: (i) the telephones are equipped for emergency
service to the public without prior payment; (ii) the zoning administrator determines that
the location of the booth will not adversely affect the safety of the adjacent street; and (iii)
the booth shall be subject to relocation at the expense of the owner, whenever relocation
is determined by the zoning administrator to be reasonably necessary to protect the
public health, safety and welfare or whenever relocation is necessary to accommodate
the widening of the adjacent street.
6. Automated teller machines.
d. Accessory structures located closer than three (3) feet to primary structure. Accessory structures
for which any part is located closer than three (3) feet to any part of a primary structure shall
comply with the minimum applicable yard requirements for a primary structure.
(12-10-80, § 4.11.2 (3-18-81), 4.11.2.1 (1-1-83, Ord. 02-18(2), 2-6-02), 4.11.2.2 (3-18-81), 4.11.2.3
(Added 3-18-81))
Sec. 4.11.4 Structures within easements.
No structure shall be permitted within an easement in a way that adversely affects the easement.
21
ATTACHMENT 6
ORDINANCE NO. 09-18(5)
AN ORDINANCE TO AMEND CHAPTER 18, ZONING, ARTICLE I, GENERAL PROVISIONS, AND
ARTICLE II, BASIC REGULATIONS, 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 18,
Zoning, Article I, General Provisions, and Article II, Basic Regulations, of the Code of the County of
Albemarle are amended and reordained as follows:
By Amending:
Sec. 3.1 Definitions
By Amending, Renaming and Renumbering:
Sec. 5.1.18 Temporary construction headquarters and Sec. 5.1.18
temporary construction yards
Sec. 5.1.18.1 Temporary construction headquarters Sec. 5.1.18 (part)
Sec. 5.1.18.2 Temporary construction yards Sec. 5.1.18 (part)
Chapter 18. Zoning
Article I. General Provisions
Sec. 3.1 Definitions
. . .
Temporary construction headquarters: A building or structure used for the on-site management or
oversight of construction or development activity for the duration authorized in section 5.1.18(a).
Temporary construction yard: An area used for the on-site storage of construction or development
materials, supplies, equipment, and tools, and the on-site stockpiling and recycling of useable
construction materials and other items, for the duration authorized in section 5.1.18(b).
Article II. Basic Regulations
Sec. 5.1.18 Temporary construction headquarters and temporary construction yards
Temporary construction headquarters and temporary construction yards are permitted as follows:
a. Temporary construction headquarters. The zoning administrator is authorized to issue a zoning
clearance allowing temporary construction headquarters serving a construction project, subject to
the following:
1. Duration. The headquarters shall be authorized on the site for a period beginning no
earlier than thirty (30) days prior to the commencement of actual construction and ending
no later than thirty (30) days after completion of the last building to be constructed in the
project or thirty (30) days after active construction on the site is suspended or
abandoned, whichever occurs first (hereinafter, the “ending date”). Construction shall be
deemed to be suspended or abandoned if no substantive progress, characterized by
approved building inspections or other evidence that substantial work has been
performed in the prior thirty (30) day period. The zoning administrator may extend the
ending date, upon the written request of the owner, if the suspension or abandonment of
active construction is the result of inclement weather. The headquarters shall be
removed from the site by the ending date.
22
2. Location. The headquarters shall be located within the same site where the construction
project is located.
3. Maintenance. The area in the vicinity of the headquarters and the access roads thereto
shall be treated or maintained to prevent dust and debris from blowing or spreading onto
adjacent properties and public street rights-of-way.
b. Temporary construction yards. The zoning administrator may issue a zoning clearance allowing
temporary construction yards serving a construction project, subject to the following:
1. Duration. The yard shall be authorized on the site for a period beginning no earlier than
thirty (30) days prior to the commencement of actual construction and ending on the
ending date. All materials, supplies, equipment, debris and other items composing the
yard shall be removed from the site by the ending date. The zoning administrator may
extend the ending date, upon the written request of the owner, if the suspension or
abandonment of active construction is the result of inclement weather.;
2. Location. The yard shall be located within the same site where the construction project is
located. In addition, no portion of a yard shall be located: (i) closer than fifty (50) feet to
any public street right-of-way existing prior to the recording of the subdivision plat served
by the yard or existing prior to the commencement of the construction project; and (ii)
closer than one hundred fifty (150) feet to any preexisting dwelling not owned or leased
by the owner of the subdivision or construction project served by the yard.
3. Maintenance. The area in the vicinity of the yard and the access roads thereto shall be
treated or maintained to prevent dust and debris from blowing or spreading onto adjacent
properties and public street rights-of-way. All yards shall be maintained in a clean and
orderly manner, and building material and construction residue and debris shall not be
permitted to accumulate.
4. Screening. The zoning administrator may require appropriate screening or fencing
around a yard if the yard will be located in or adjacent to a residential zoning district.
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ATTACHMENT 7
MEMORANDUM OF AGREEMENT
THIS MEMORANDUM OF AGREEMENT, made and executed in triplicate this ____ day of
_______________, 2009, by and between the County of Albemarle, Virginia, hereinafter referred to
as the COUNTY, and the Commonwealth of Virginia, Department of Transportation, hereinafter
referred to as the DEPARTMENT.
WHEREAS, the Commonwealth’s official revenue forecasts have been reduced significantly as a
result of current economic conditions and the Commonwealth Transportation Board budget for fiscal year
2010 adopted on June 18, 2009 does not include funding for continued operations of the Hatton Ferry,
located on the James River near Scottsville, Virginia, between the counties of Albemarle and
Buckingham, Virginia; and,
WHEREAS, the DEPARTMENT and the COUNTY, recognize the historical significance of
the Hatton Ferry as one of the last remaining operational poled ferries in the United States; and,
WHEREAS, the COUNTY has expressed its support for the continued operation of the
Hatton Ferry and, furthermore, the Albemarle County Board of Supervisors has voted to guarantee
funding to the DEPARTMENT for the operation of the Hatton Ferry from July 1, 2009 to September
30, 2009; and,
NOW THEREFORE, in consideration of the mutual premises contained herein, the parties
agree as follows:
1. The COUNTY shall:
a. Provide funds to the DEPARTMENT for the operation of the Hatton Ferry, in the
amount of $9,300, no later than July 10, 2009 for the operation of the Hatton Ferry
from July 1, 2009 through September 30, 2009.
b. Accept responsibility for any additional costs to operate the Hatton Ferry from July 1,
2009 until September 30, 2009 in excess of those identified in 1.a, but only after
concurrence of the Albemarle County Board of Supervisors and modification of this
Agreement.
2. The DEPARTMENT shall:
a. Continue operation of the Hatton Ferry in accordance with established
DEPARTMENT processes and procedures, including the DEPARTMENT’S current
contract for an operator of the ferry, beginning July 1, 2009 and ending midnight
September 30, 2009.
b. Provide a summary of operational expenditures to the COUNTY for charges of actual
DEPARTMENT cost.
c. Notify the COUNTY of additional expenses resulting from unanticipated
circumstances and provide detailed estimates of additional costs associated with
those circumstances.
d. Return any unexpended funds to the COUNTY no later than 90 days after final
operational expenses have been paid in full.
3. Nothing in this agreement shall be construed as a waiver of the COUNTY’s or the
Commonwealth of Virginia’s sovereign immunity.
24
THE COUNTY and DEPARTMENT acknowledge that this Agreement has been prepared jointly
by the parties and shall be construed simply and in accordance with its fair meaning and not strictly for or
against any party.
THIS AGREEMENT, when properly executed, shall be binding upon both parties, their
successors, and assigns.
THIS AGREEMENT may be modified in writing by mutual agreement of both parties.
IN WITNESS WHEREOF, each party hereto has caused this Agreement to be executed as of the
day, month, and year first herein written.
__________ OF __________, VIRGINIA:
_____________________________________
_____________________________________
Typed or printed name of signatory
_______________________________________ _____________________
Title Date
_______________________________________ ______________________
Signature of Witness Date
NOTE: The official signing for the COUNTY must attach a certified copy of his or her authority to execute
this agreement.
COMMONWEALTH OF VIRGINIA, DEPARTMENT OF TRANSPORTATION:
________________________________________ _______________________
Commonwealth Transportation Commissioner Date
Commonwealth of Virginia
Department of Transportation
________________________________________________________________