HomeMy WebLinkAbout20120711actionsACTIONS
Board of Supervisors Meeting of July 11, 2012
July 18, 2012
AGENDA ITEM/ACTION
ASSIGNMENT
1. Call to Order.
Meeting was called to order at 9:01 a.m. by the
Chair, Ms. Mallek. All BOS members were
present. Also present were Tom Foley, Larry
Davis, Ella Jordan and Travis Morris.
4. Adoption of Final Agenda.
ADDED discussion on Board mileage
reimbursement.
ADDED discussion on decals to mark bike
lanes.
REMOVED Memorandum of Understanding for
the Commonwealth Attorney’s office from part
of Item 8.3 on the Consent Agenda.
ACCEPTED the final agenda.
5. Brief Announcements by Board Members.
Ann Mallek:
Handed out information on “The Journey
Through Hallowed Ground” that came out in
Piedmont Magazine, and reported that she
was able to attend a meeting held in
Waterford.
6. Recognitions. Removed from agenda.
7. From the Public: Matters Not Listed for Public
Hearing on the Agenda.
The following persons spoke in opposition to
chloramines being used in the water supply.
Lorrie Delehanty
May Liao
Liz Olmstead
Julia Whiting
Tim Hulbert asked the Board to support the
CACVB marketing plan.
Gary Grant spoke on the Counties’ response to
the June 29, 2012 severe storm and
commended Albemarle County Fire/Rescue
career and volunteer staff on their work.
George Benford asked the Board to support
the CACVB marketing plan and thanked the
Board for its guidance.
Charles Battig made a presentation on climate
change.
Bob Putnam asked the Board to support a ban
on open burning on household waste.
Christine Putnam asked the Board to take
action and support a ban on open burning of
household waste.
8.2 Solid Waste Options Evaluation.
AUTHORIZED the transfer of $31,200 from
the currently appropriated funds in the RSWA
environmental account to a new account for
this project work (Code #4-9010-42050-
442050-999) by approving Appropriation
#2013023, as part of the FY 13 Budget
Amendment and Appropriations, and
AUTHORIZED staff to proceed with a contract
with Draper Aden to assist in the development
Mark Graham/George Shadman: Proceed as
approved. (Attachment 1)
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of the proposed solid waste options upon
approval by the County Attorney of the project
order as to substance and form.
8.3 Memoranda of Understanding between the County
and the Sheriff, the Commonwealth’s Attorney, and
the Circuit Court Clerk.
APPROVED the MOUs between the County
and the Sheriff and the Circuit Court Clerk, and
AUTHORIZED the County Executive to
execute those MOUs. SUPPORTED staff’s
recommendation that if any Constitutional
Officers is unwilling to sign the proposed MOU,
to adopt a policy to authorize and establish the
employment rules, procedures, and benefits
applicable to the constitutional officer’s
employees, while still allowing the
development of a MOU to address certain
exceptions that may be appropriate.
County Executive/County Attorney: Proceed as
approved. (Attachments 2 and 3)
8.4 Resolution approving the issuance of revenue
bonds in an amount not to exceed $41,000,000 for
Westminster-Canterbury of the Blue Ridge.
ADOPTED resolution.
Mr. Rooker referred to Fiscal Impact
Statement for the proposed bond financing
and asked how the applicant determined the
figures for the estimated real property tax and
personal property tax per year.
Clerk: Forward copy of signed resolution to
County Attorney’s office and Bond Counsel.
Contact Bond Counsel for response to Board
question. (Attachment 4)
8.5 Resolution approving the issuance of revenue
bonds in an amount not to exceed $6,000,000 for
Kappa Sigma Endowment Fund.
ADOPTED resolution.
Mr. Rooker referred to Fiscal Impact
Statement for the proposed bond financing
and asked how the applicant determined
the figures for the estimated real property
tax and personal property tax per year.
Clerk: Forward copy of signed resolution to
County Attorney’s office and EDA. Contact
Bond Counsel for response to Board question.
(Attachment 5)
8.6 Priority Review Process for Target Industries.
In the first bullet, Mr. Rooker suggested that
the language reading “… and that show a plan
to recruit and hire local residents.” be amended
to read: “… and demonstrate a plan and
commitment for recruiting and hiring a
significant percentage of the workforce from
local residents.”
Mr. Boyd asked that when staff receives a
request to fast track a project that they notify
the Board member whose district the target
industry is located.
APPROVED the priority review process
qualifying criteria and general approach.
Lee Catlin: Proceed as approved.
8.7 2011 Local Emergency Management Performance
Grant Resolution.
ADOPTED resolution authorizing the County
Executive, the ECC Emergency Management
Coordinator or the ECC Executive Director to
execute all VDEM Grant documents necessary
for receipt of the 2011 Emergency
Management Performance Grant.
Clerk: Forward signed resolution to ECC and
County Attorney’s office. (Attachment 6)
8.8 Martha Jefferson Hospital Lease Agreement.
ADOPTED resolution to approve the proposed
Lease Agreement for the Martha Jefferson
Clerk: Forward copy of signed resolution to
County Attorney’s office and Fire/Rescue.
(Attachments 7 and 8)
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Hospital space and to authorize the County
Executive to sign the lease and any associated
documents after approval of both form and
substance by the County Attorney.
County Attorney: Provide Clerk with copy of
agreement.
8.9 SDP-2012-00023. Whitewood Road Day Care
Center—Zoning Ordinance Waiver.
APPROVED applicants request for a critical
slopes waiver.
Community Development: Proceed as
approved.
8.10 Cancel July 18, 2012 Board meeting and August 8,
2012 Board meeting.
CANCELLED meetings.
Clerk: Notify appropriate individuals.
8.10a Request for Letter of Support for Rivanna
Watershed Planning Technical Assistance Grant.
APPROVED request for Letter of Support for
Rivanna Watershed Planning Technical
Assistance Grant.
Clerk: Forward letter to Leslie Middleton.
8.10b Resolution to Approve an Alternate to Act for the
County Executive on the Albemarle-Charlottesville
Regional Jail Authority Board.
ADOPTED resolution.
Clerk: Forward copy of signed resolution to
Jail Authority Board and County Attorney’s
office. (Attachment 9)
9. Pb. Hrg: SP-2010-00046. New Hope Community
Church (Signs #12&15).
By a vote of 6:0, APPROVED SP-2010-00046
subject to six conditions.
By a vote of 6:0, APPROVED the critical
slopes waiver under Section 4.2.5(a) for the
area on the east side of the project outside of
the stream buffer.
Clerk: Set out conditions of approval.
(Attachment 10)
10 Pb. Hrg: SP-2010-00057. Pine Knot Historical
Center (Sign #57).
By a vote of 6:0, APPROVED SP-2010-00057
subject to four conditions and APPROVED
modifications to Section 5.1.42(d) to waive the
submittal of a site plan; Section 5.1.42(a) to
permit an increase from 1,500 square feet to
1,700 square feet (in aggregate) from the Pine
Knot Historical Center; and Section 5.1.42(i) to
allow an increase from 150 to 200 persons in
the maximum number of attendees.
Clerk: Set out conditions of approval.
(Attachment 10)
11. Pb. Hrg: SP-2012-00004. Community Christian
Academy (Signs #38&39).
By a vote of 6:0, APPROVED SP-2012-
00004, Community Christian Academy subject
to four conditions.
Clerk: Set out conditions of approval.
(Attachment 10)
12. Pb. Hrg: 12-03( ) – Agricultural and Forestal
Districts:
a. AFD-2012-4. Chalk Mountain AFD –
Addition.
b. AFD-2012-2; 2012-3. Hardware AFD –
Addition.
c. AFD-2012-1; 2012-5. Keswick AFD –
Addition.
By a vote of 6:0, ADOPTED Ordinance No. 12-
03(1).
Clerk: Forward copy of adopted ordinance to
County Attorney’s office and Community
Development. Prepare letter to individuals in
districts for Chair’s signature. (Attachment 11)
13. Pb. Hrg: The Square in Crozet: Consider granting
power line easement to Dominion Power within
County Parcel 056A2-01-00-02400.
By a vote of 6:0, ADOPTED resolution to
approve the proposed Right of Way Agreement
and to AUTHORIZE the County Executive to
sign the Right of Way Agreement on behalf of
Clerk: Forward copy of signed resolution to
County Attorney’s office and OFD. (Attachment
12)
County Attorney: Provide Clerk with copy of
agreement.
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the County after it has been approved in
substance and as to form by the County
Attorney.
At 10:27 a.m., the Board recessed and then
reconvened at 10:39 a.m.
14. Pb. Hrg: FY 2012 Budget Amendment and
Appropriations.
By a vote of 6:0, APPROVED the FY 2012
budget amendment in the amount of
$22,042,532.20 and APPROVED
Appropriations #2012085, #2012086,
#2012087, and #2012088 to provide funds for
various local government and school projects
and programs.
Clerk: Forward copy of signed appropriations to
OMB, Finance and other appropriate
individuals.
15. Budget/Finance Operational Improvements.
Implement Improvements to CIP Re-Appropriation
Process beginning in FY14:
CONSENSUS to support the following staff
recommendations:
Staff to create a multi-year budget for CIP
projects beginning in FY 14 such that
project appropriations carry forward until
expended or de-obligated by the Board,
with the exception of projects where no
money has been spent within the past
fiscal year. During budget process staff to
provide transparent report about the status
of projects to the Board. Unexpended CIP
funding will be reappropriated as part of
the annual appropriation process.
Streamline Appropriation Process for the School
Division’s donations, grants and fundraising
results:
CONSENSUS that Board appropriate funding
on a quarterly basis, as required:
Beginning with the FY 13 Appropriation:
$17,500 donations, $50,000 grants, and
$12,500 for anticipated increases in School
Division Activity Funds.
Increase Appropriation amounts as
necessary on quarterly basis.
Requested that the Board be provided with
listing of donations received by the School
Board as information on the Consent
Agenda.
Improve Process for Budget Transfers within same
Fund:
Bring back for the August 1st consent agenda a
Resolution for FY13 -staff to clarify that there is
a $50,000 annual cap authorization for the
County Executive to transfer appropriations
from one department to another within the
same fund and to provide a report to the Board
on any adjustments made by the County
Executive.
16. Pb. Hrg: FY 2013 Budget Amendment and
Appropriations.
By a vote of 6:0, with the exception of the
Meadow Creek Parkway Landscaping (part of
#2013006), APPROVED the FY 2013 budget
amendment in the amount of $24,743,584.10
and APPROVED Appropriations #2013002,
Clerk: Forward copy of signed appropriations to
OMB, Finance and other appropriate
individuals.
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#2013003, #2013005, #2013006, #2013007,
#2013008, #2013009, #2013010, #2013011,
#2013012, #2013014, #2013015, #2013016,
#2013017, #2013018, #2013019, #2013021,
and #2013023 to provide funds for various
local government and school projects and
programs.
17. ZTA-2012-00002. Water and Sewer.
By a vote of 4:2 (Dumler/Mallek) ADOPTED
Ordinance No. 12-18(4).
Clerk: Forward copy of adopted ordinance to
County Attorney and Community Development.
(Attachment 13)
18. STA-2012-00001. Water & Sewer.
By a vote of 4:2 (Dumler/Mallek) ADOPTED
Ordinance No. 12-14(1).
Clerk: Forward copy of adopted ordinance to
County Attorney and Community Development.
(Attachment 14)
19. WPO-2009-00074. Stonefield (fka Albemarle
Place), request to extend deadline for installing
permanent vegetation.
By a vote of 6:0, APPROVED request to
extend deadline for installing permanent
vegetation subject to the following conditions:
1. Permanent stabilization shall be installed by
October 26, 2012.
2. All rough grading shall be completed prior to
establishing permanent vegetation by
October 26, 2012.
Glenn Brooks: Proceed as approved.
20. SDP-2012-00015. Ivy Fire Station at Kirtley
Warehouse, Parking Grade W aiver Request.
By a vote of 5:0:1 (Thomas absent),
APPROVED parking space grade waiver
associated with SDP-2012-015 Ivy Fire Station
at Kirtley Warehouse.
Community Development: Proceed as
approved.
21. SDP-2012-00025. Tier II PWSF: Verizon
Wireless, Vest Property/Hardware River.
By a vote of 6:0, APPROVED the special
exception for SDP-2012-025 Verizon Tier II
personal wireless service facility (tower) at the
proposed height of seven (7) feet above the
reference tree.
By a vote of 6:0, APPROVED the special
exception to allow the disturbance of critical
slopes.
Community Development: Proceed as
approved.
22. Economic Development Authority (EDA),
Amendment to Rules and Procedures.
By a vote of 5:1 (Boyd), ADOPTED resolution
to approve proposed amendments to the
EDA’s Rules and Procedures.
CONSENSUS to schedule joint meeting with
EDA in next couple of months.
Clerk: Forward copy of signed resolution to
County Attorney’s office, and Chairman and
Legal Counsel for EDA. (Attachment 15)
23. Open Burning of Household Waste and Refuse.
By a vote of 6:0, DIRECTED staff to move
forward to draft an ordinance to prohibit open
burning of household waste and refuse.
Fire and Rescue: Proceed as directed.
24. Closed Meeting. Personnel and Legal Matters.
At 12:47 p.m., the Board went into Closed
Meeting pursuant to Section 2.2-3711(A) of the
Code of Virginia under subsection (1) to
consider appointments to boards, committees,
and commissions; and under subsection (1) to
conduct the annual performance review of the
County Executive.
25. Certified Closed Meeting.
At 1:55 p.m., the Board reconvened into open
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meeting and certified the closed meeting.
26. Boards and Commissions: Appointments.
REAPPOINTED Mr. Jean Lorber, Ms. Sherry
Buttrick and Ms. Miette Michie to the
Acquisition of Conservation Easements
Committee, with said terms to expire August 1,
2015.
REAPPOINTED Mr. David Mitchell to the
Fiscal Impact Advisory Committee, with said
term to expire July 8, 2014
APPOINTED Mr. Frank Stoner to the Fiscal
Impact Advisory Committee, with said term to
expire July 8, 2014.
REAPPOINTED Ms. Emilie Johnson to the
Historic Preservation Committee, with said
term to expire June 4, 2015.
APPOINTED Ms. Valerie L’Herrou to the Jail
Authority Board to fill the unexpired term of
Aimee Fausser, to expire August 6, 2014.
Clerk: Prepare appointment/reappointment
letters, update Boards and Commissions book,
webpage, and notify appropriate persons.
27. VDOT Quarterly Report, Joel Denunzio.
Announced that Jamie Glass is the Acting
Resident Administrator; VDOT is in the process
of recruiting for a new Resident Administrator.
Introduced Megan Oleynik, a UVA Intern,
working in his office this summer assisting with
land development, site plans, etc.
Highlighted various items from VDOT’s
monthly report.
Dennis Rooker:
Would like to meet to review the Broomley
Road bridge preliminary design.
Mentioned that mowing is behind schedule and
weeds are extremely high in various places
around the County, i.e., Rio Road east, east
side of sidewalk on Hydraulic Road, Berkmar
Drive, bus stop on west side of Rio Road prior
to Woodburn Road.
Duane Snow:
Mentioned site distance issues at the
intersection of Route 6 and Porter’s Road in
Esmont he would like to get addressed. Also
discussed putting down rumble strips at that
intersection, but instead would like to have
painted lines to make it look like strips to help
slow traffic.
Christopher Dumler:
Asked about a traffic engineering study at the
intersection of Route 20 and Route 726 (James
River Road).
Requested speed studies on Route 627 and
Route 625.
Requested update on sign replacement and
new public parking stripping in the Town of
Scottsville.
Ken Boyd:
Asked about the status of the design for
widening Route 29, from Polo Grounds Road
to Hollymead Town Center.
Mr. Rooker suggested that the plans for the
design for the Route 29 Bypasscontemplate
the widening of the section of Route 29 from
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Polo Grounds Road to Ashwood Boulevard.
28. Economic Vitality Action Plan Quarterly Update.
RECEIVED.
29. Charlottesville-Albemarle Convention and Visitor
Bureau (CACVB) Strategic Marketing Plan.
By a vote of 6:0, SUPPORTED the use of the
Charlottesville Albemarle Convention and
Visitors Bureau accumulated fund balance to
support the CACVB Strategic Marketing Plan.
Lee Catlin: Proceed as approved.
30. Local responses to June 29, 2012 severe
thunderstorm .
DISCUSSED.
31. Consideration of joint meeting with Planning
Commission, re: Amendments to Comprehensive
Plan.
DISCUSSED.
32. From the Board: Committee Reports and Matters
Not Listed on the Agenda.
By a vote of 6:0, ADOPTED resolution to set
the FY13 Compensation and Benefits for the
County Executive.
By a vote of 6:0, REQUESTED VDOT to install
bike lane decals in 35 mph and below areas
along Route 25 west from Farmington towards
Charlottesville, and any parts of National Route
76 that qualify.
Ken Boyd:
DISCUSSED Board mileage reimbursement.
DIRECTED staff to draft language and bring
back to Board for consideration.
Dennis Rooker:
Suggested that the Board adopt a resolution
congratulating the City of Charlottesville on its
250th birthday.
Rodney Thomas:
Reported on the Agricultural and Forestal
Advisory Committee meeting held on July 9,
2012.
Announced that staff was planning another
sound decibel reading at Rockydale Quarries.
Ms. Mallek suggested that they also do
readings inside resident’s homes.
Chris Dumler:
Announced that he recently attended a Virginia
Department of Forestry work session. It was
stated that the Department of Forestry’s the
State Riparian Tax Credit Program is severely
underutilized. Suggested information regarding
this program be included in County tax bills
and revalidation packages.
Requested copies of the quarterly CACVB
reports by email.
Ken Boyd:
Asked how the dais would be set up for the
July 25, 2012 Four Board meeting on
chloramines.
Clerk: Forward copy of adopted compensation
resolution to County Attorney’s office and
Human Resources.
Clerk: Forward request to VDOT.
Clerk/County Executive: Bring back to Board
for consideration.
Clerk: Draft resolution for August 1st agenda.
County Executive/Finance Department: Look
into request.
Lee Catlin: Provide information as requested.
33. From the County Executive: Report on Matters
Not Listed on the Agenda.
Announced that the Strategic Planning Retreat
will be held on September 21, 2012 and the
topic of the agenda will be the “Changing State
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of Local Government”.
34. Adjourn to July 25, 2012, 7:00 p.m., Lane
Auditorium.
At 5:37 p.m., the Board adjourned until July 25,
2012, Lane Auditorium.
tom/ewj
Attachment 1 – Proposed Solid Waste Project Order
Attachment 2 – Sheriff MOU
Attachment 3 – Circuit Court Clerk MOU
Attachment 4 – Resolution – Westminster-Canterbury of the Blue Ridge
Attachment 5 – Resolution – Kappa Sigma Endowment Fund
Attachment 6 – Resolution – 2011 Local Emergency Management Performance Grant
Attachment 7 – Martha Jefferson Hospital Lease Agreement
Attachment 8 – Resolution – Martha Jefferson Hospital
Attachment 9 – Resolution to Approve an Alternate to Act for the County Executive on the Jail Authority Board
Attachment 10 – Conditions of Approval on Planning Items
Attachment 11 - Ordinance No. 12-03(1) – Agricultural and Forestal Districts
Attachment 12 – Resolution – Dominion Power Easement
Attachment 13 – Ordinance No. 12-18(4) – ZTA-2012-002. Water and Sewer
Attachment 14 – Ordinance No. 12-14(1) – STA-2012-001. Water and Sewer
Attachment 15 – Resolution – Economic Development Authority
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ATTACHMENT 1
PROJECT ORDER #1
FOR A/E TERM CONTRACT #2011-12163-10
FOR PROFESSIONAL SERVICES
Date: June 20, 2012
Owner: County of Albemarle, Virginia
Owner’s Project Manager: Mark B. Graham, PE
Architect/Engineer: Draper Aden Associates, Inc.
A/E’s Project Manager/Coordinator: Lynn P. Klappich, CSI, CCCA
Project Title: Evaluation of Collection and Recycling Options at Ivy
This Project Order Number One (1) is issued pursuant to the A/E Term Contract #2011-12163-10 for
Professional Services dated March 21, 2011, and the attached A/E Fee Proposal dated June 5, 2012, which are
incorporated herein by reference.
SCOPE OF WORK
The scope of work for which architectural/engineering services are to be performed under this Project Order is
generally described as providing professional engineering services for the evaluation of the County’s continued
involvement with the Rivanna Solid Waste Authority (RSWA) and the Ivy Transfer Station operations.
Basic Services Required:
“Basic Services” as described in Chapter 5 of the Commonwealth of Virginia Construction and Professional
Services Manual are not applicable to this project order/proposal.
Additional Services Required:
Evaluate the County’s options relative to the continued use of the Ivy operations and options relative to recycling
per attached proposal dated June 5, 2012. The directives for the evaluation are as follows:
1. Maintain Municipal Solid Waste and Construction Debris services but consider reduction to a
level that can be provided as part of a convenience center or keep services as part of transfer
station.
2. Maintain other services currently provided by RSWA at the Ivy Materials Utilization Center
(MUC) including handling of vegetative waste, fill dirt, white goods, tires and wheels, and
pallets.
3. Consider options for delivery of recycling options; including recycling all paper and rigid
materials as currently provided by RSWA. Include a minimum of two days per year for
hazardous waste drop-off. Include typical arrangements and costs for additional unmanned
recycling drop-off centers.
The Commonwealth of Virginia Construction and Professional Services Manua l for Architect/Engineers,
(hereinafter called “the A/E Manual”), July 1, 2004 edition, latest revision, shall apply to all Work performed
under this Project Order.
PROJECT SCHEDULE: (Completed documents shall be submitted by the following dates:)
Prepare Draft Report – 60 days from notice to proceed
Finalize Report – 7 days from receipt of final comments from County
DESIGN-NOT-TO-EXCEED CONSTRUCTION BUDGET
The A/E understands and agrees that the construction budget and “design-not-to-exceed” amount established
for this Project is not applicable to these services.
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A/E PERSONNEL
The A/E assigns the persons identified by function/discipline and classification on the attached proposal as
responsible for the Work involved in this Project Order.
CONTRACT AMOUNT
The A/E agrees to perform all architectural and engineering services required for the completion of the above -
described Scope of Work required by this Project Order on a time and material basis for the not to exceed
amount of Thirty One Thousand Two Hundred and 00/100 Dollars ($31,200.00) which sum shall include the cost
of all usual project expenses such as travel, long distance telephone and printing expenses as indicated in the
Scope of Services.
a. Basic Services
Design Phase = $0
Bid & Construction Phase = $0
Construction Site Visits = $0
Subtotal Basic Services Fee = $0
b. Additional Services
Total Additional Services Fees = $30,400.00
c. Reimbursables
Total Amount for Reimbursables = $ 800.00
______________________
Total Contract Amount = $31,200.00
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ATTACHMENT 2
MEMORANDUM OF UNDERSTANDING
BETWEEN
THE COUNTY OF ALBEMARLE, VIRGINIA AND
THE SHERIFF OF ALBEMARLE COUNTY
This Memorandum of Understanding (the “Agreement”) made and entered into on the ____ day of July,
2012, by and between the County of Albemarle, Virginia (the “County”) and the Sheriff of Albemarle County (the
“Sheriff”);
WHEREAS, the County and the Sheriff desire to enter into an agreement setting forth their
understanding with respect to compensation, benefits and personnel policies applicable to the Sheriff;
NOW THEREFORE, the parties hereto covenant and agree as follows:
1. Employee Status. Individuals employed by the Sheriff are, and shall remain, app ointees of the
Sheriff rather than employees of the County. Nothing in this Agreement shall alter or diminish the Sheriff’s
duties and rights with respect to his employees under the Virginia Code, Title 15.2, Chapter 16, Article 5. The
Sheriff’s employees shall not be covered by the County’s grievance procedures.
2. Compensation. The County and the Sheriff agree that employees of the Sheriff shall participate and
be included in the County’s pay plan and merit evaluation system. The Sheriff understan ds that future
compensation increases offered by the Commonwealth of Virginia through the Compensation Board will not be
passed automatically to the staff of the Sheriff since his staff will be covered by the County’s pay plan and merit
evaluation system. Notwithstanding the above, compensation for the staff of the Sheriff will be no less than the
compensation approved by the Compensation Board.
3. Benefits. All benefits of employment, including but not limited to health insurance, annual and sick
leave (except as limited by state law, including Va. Code Section 15.2 -1605), insurance protection, retirement
program, participation in deferred compensation programs, and other benefits available to Albemarle County
employees shall be available to the employees of the Sheriff and governed by the personnel policies and
procedures of Albemarle County.
4. County Personnel System. Without diminishing the Sheriff’s authority to appoint, hire or discharge
his employees, he agrees to follow the County’s personne l policies in force during the period of this Agreement
except as otherwise required by law (such as the six -week vacation leave accrual limit imposed by Va. Code §
15.2-1605) and except as specifically excluded by this section. A list of the County’s per sonnel policies in effect
as of the date of this Agreement is attached. (Attachment A) The Sheriff agrees to follow all such policies
except the following:
1. Assignment and Transfer (Policy P-38)
2. Employee Reduction in Force Procedures (Policy P-30)
3. Employee Discipline (Policy P-22)
4. Employee Grievance Procedure (Policy P-03)
5. Employee Relations Principles (Policy P-01)
6. Termination of Employment (Policy P-26)
The Sheriff further agrees to comply with all Albemarle County Administrative Policies except AP-1
(Grants Process) and AP-5 (Media Relations) and all applicable state and Federal laws regarding FLSA, FMLA,
and other such applicable statutes as applied to appointees of elected officials.
The County agrees to provide assistance and services to the Sheriff concerning the personnel matters
referenced in this Agreement through its Department of Human Resources and its Finance Department. The
Parties agree that the Department of Human Resources shall maintain all documents related to the employment
of the employees of the Sheriff except for documents related to payroll, which shall be maintained by the
County’s Finance Department. The Sheriff agrees to forward any such documentation to the appropriate
County department in a timely fashion.
5. Limitations on Benefits to Sheriff. The Parties agree that only the Sheriff’s employees shall receive
the compensation and benefits as set forth herein. Such compensation and benefits shall be available to the
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Sheriff only to the extent required by applicable State la w, such as Va. Code § 15.2-1517(B) regarding group
life, accident and health insurance.
6. Additional Insurance Benefits. In addition to the insurance coverage that the County currently
provides to the Sheriff’s employees, the County agrees to provide a ccident and health insurance coverage to
auxiliary deputies of the Sheriff’s Office to protect them in the event of their injury, illness or death in the course
of performing auxiliary services, subject to the following conditions:
a) The Sheriff shall include the cost of insurance coverage in his operating budget request
to the County.
b) Subject to appropriations by the Albemarle County Board of Supervisors, the County
shall pay for the cost of insurance coverage throughout the term of this Agreement,
provided the Sheriff: (i) does not increase the number of auxiliary deputy sheriffs above
the current number (50) except upon mutual agreement by the County and the Sheriff;
(ii) exercises reasonable control and supervision over the auxiliary deputies; and (iii)
complies with all applicable legal and Department of Criminal Justice Services
requirements concerning auxiliary deputies.
c) In the event the Board of Supervisors fails to appropriate funds for the insurance
coverage or the Sheriff fails to adhere to the requirements of this paragraph, the County
shall be entitled to terminate the insurance coverage upon providing thirty (30) days
prior written notice to the Sheriff.
7. Term of Agreement. This Agreement shall take effect upon the full execution of this Agreement by
the Sheriff and the County and shall remain in force for the duration of the Sheriff’s term in office (including term
for which he is reelected), unless terminated by either party upon thirty (30) days prior written notice. This
Agreement may be amended only upon the written agreement of both the Sheriff and the County.
SHERIFF OF ALBEMARLE COUNTY
By: _______________________________ Date: __________________________
J. E. “Chip” Harding, Sheriff
COUNTY OF ALBEMARLE, VIRGINIA
By: _______________________________ Date: __________________________
Thomas C. Foley, County Executive
Approved as to Form:
____________________
County Attorney
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ATTACHMENT 3
MEMORANDUM OF UNDERSTANDING
BETWEEN
THE COUNTY OF ALBEMARLE, VIRGINIA AND
THE CLERK OF THE CIRCUIT COURT FOR ALBEMARLE COUNTY
This Memorandum of Understanding (the “Agreement”) is made and entered into on the ____ day of
July, 2012, by and between the County of Albemarle, Virginia (the “County”) and the Clerk of the Circuit Court
for Albemarle County (the “Clerk”);
WHEREAS, the County and the Clerk desire to enter into an agreement setting forth their understanding
with respect to compensation, benefits and personnel policies applicable to the employees of the Cler k;
NOW THEREFORE, the parties hereto covenant and agree as follows:
1. Employee Status. Individuals employed by the Clerk are, and shall remain, appointees of the Clerk
rather than employees of the County. Nothing in this Agreement shall alter or diminish the Clerk’s duties and
rights with respect to her employees under the Virginia Code, Title 15.2, Chapter 16, Article 5. The Clerk’s
employees shall not be covered by the County’s grievance procedures.
2. Compensation. The County and the Clerk agree that employees of the Clerk shall participate and be
included in the County’s pay plan and merit evaluation system. The Clerk understands that future compensation
increases offered by the Commonwealth of Virginia through the Compensation Board wil l not be passed
automatically to the staff of the Clerk since her staff will be covered by the County’s pay plan and merit
evaluation system. Notwithstanding the above, compensation for the staff of the Clerk will be no less than the
compensation approved by the Compensation Board.
3. Benefits. All benefits of employment, including but not limited to health insurance, annual and sick
leave (except as limited by state law, including Va. Code Section 15.2 -1605), insurance protection, retirement
program, participation in deferred compensation programs, and other benefits available to Albemarle County
employees shall be available to the employees of the Clerk and governed by the personnel policies and
procedures of Albemarle County.
4. County Personnel System. Without diminishing the Clerk’s authority to appoint, hire or discharge her
employees, she agrees to follow the County’s personnel policies in force during the period of this Agreement
except as otherwise required by law (such as the six -week vacation leave accrual limit imposed by Va. Code §
15.2-1605) and except as specifically excluded by this section. A list of the County’s personnel policies in effect
as of the date of this Agreement is attached. (Attachment A) The Clerk agrees to follow all such policies except
the following:
1. Assignment and Transfer (Policy P-38)
2. Employee Reduction in Force Procedures (Policy P-30)
3. Employee Discipline (Policy P-22)
4. Employee Grievance Procedure (Policy P-03)
5. Employee Relations Principles (Policy P-01)
6. Termination of Employment (Policy P-26)
The Clerk further agrees to comply with all Albemarle County Administrative Policies except AP-1
(Grants Process) and AP-5 (Media Relations) and all applicable state and Federal laws regarding FLSA, FMLA,
and other such applicable statutes as applied to appointees of elected officials.
The County agrees to provide assistance and services to the Clerk concerning the personnel matters
referenced in this Agreement through its Department of Human Resources and its Finance Dep artment. The
Parties agree that the Department of Human Resources shall maintain all documents related to the employment
of the employees of the Clerk except for documents related to payroll, which shall be maintained by the
County’s Finance Department. The Clerk agrees to forward any such documentation to the appropriate County
department in a timely fashion.
5. Limitations on Benefits to Clerk . The Parties agree that only the Clerk’s employees shall receive the
compensation and benefits as set forth herein. Such compensation and benefits shall be available to the Clerk
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only to the extent required by applicable State law, such as Va. Code § 15.2-1517(B) regarding group life,
accident and health insurance.
6. Term of Agreement. This Agreement shall take effect upon the full execution of this Agreement by
the Clerk and the County and shall remain in force for the duration of the Clerk’s term in office (including terms
for which she is re-elected), unless terminated by either party upon thirty (30) days prior written notice. This
Agreement may be amended only upon the written agreement of both the Clerk and the County.
CLERK OF THE CIRCUIT COURT FOR ALBEMARLE COUNTY
By: _______________________________ Date: __________________________
Debra Shipp, Clerk
COUNTY OF ALBEMARLE, VIRGINIA
By: _______________________________ Date: __________________________
Thomas C. Foley, County Executive
Approved as to Form:
____________________
County Attorney
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ATTACHMENT 4
RESOLUTION
OF THE BOARD OF SUPERVISORS OF THE
COUNTY OF ALBEMARLE, VIRGINIA
WHEREAS, the Economic Development Authority of Albemarle County, Virginia (the "Authority") has
received a request from the Westminster-Canterbury of the Blue Ridge, a Virginia non-profit, non-stock
corporation (the "Borrower") requesting that the Authority issue its revenue bonds in an amount not to exceed
$41,000,000 (the "Bonds") to assist the Borrower in (i) financing the construction and equipping of certain capital
improvements at the Borrower's existing residential care retirement community located at 250 Pantops Mountain
Road in Albemarle County, Virginia, including, but not limited to, (a) the construction of an eight story building,
which will include two underground levels for approximately 75 parking spaces and six above ground levels that
will include approximately 36 independent living residential units, a 16,000 square foot fitness center, including
an indoor swimming pool and an approximately 50 seat entertainment theater, (b) the expansion of the
Borrower's memory support area to include approximately 10 memory support beds, and (c) the construction of
an outside garden and patio area (collectively, the "Project"), (ii) financing capitalized interest on the Bonds, (iii)
financing a debt service reserve fund and (iv) paying the costs related to the issuance of the Bonds (collectively,
the "Plan of Finance");
WHEREAS, the Authority has held a public hearing on the issuance of the Bonds for purposes of
undertaking the Plan of Finance on June 12, 2012;
WHEREAS, Section 147(f) of the Internal Revenue Code of 1986, as amended (the "Code"), provides
that the governmental unit having jurisdiction over the issuer of private activity bonds and over the area in which
any facility financed with the proceeds of private activity bonds is located must approve the issuance of the
bonds;
WHEREAS, the Authority issues its bonds on behalf of the County of Albemarle, Virginia (the "County")
and the Project is located in the County and the Board of Supervisors of the County of Albemarle, Virginia (the
"Board") constitutes the highest elected governmental unit of the County;
WHEREAS, the Authority has recommended that the Board approve the issuance of the Bonds; and
WHEREAS, a copy of the Authority's resolution approving the issuance of the Bonds, subject to the
terms to be agreed upon, a certificate of the public hearing and a Fiscal Impact Statement have been filed with
the Board.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF THE COUNTY OF
ALBEMARLE, VIRGINIA:
1. The Board approves the issuance of the Bonds by the Authority for the benefit of the Borrower,
as required by Section 147(f) of the Code and Section l5.2-4906 of the Code of Virginia of 1950, as amended, to
permit the Authority to assist the Borrower in undertaking the Plan of Finance.
2. The approval of the issuance of the Bonds does not constitute an endorsement to a prospective
purchaser of the Bonds of the creditworthiness of the Project or the Borrower.
3. This resolution shall take effect immediately upon its adoption.
Adopted by the Board of Supervisors of the County of Albemarle, Virginia this 11th day of July, 2012.
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ATTACHMENT 5
RESOLUTION OF THE BOARD OF SUPERVISORS
OF ALBEMARLE COUNTY, VIRGINIA
WHEREAS, the Economic Development Authority of Appomattox County, Virginia (the “Appomattox
Authority”) has considered, at a public hearing held on May 22, 2012, the application of Kappa Sigma
Endowment Fund (the “Endowment”), a Section 501(c)(3) entity formed as an Illinois Trust and Scottsville
Road Holdings, LLC, a Virginia limited liability company (the “Company”, together with the Endowment, the
“Borrower”), both exempt from taxation under Section 501(c)(3) of the Internal Revenue Code of 1986, as
amended (the “Code”), both based in Albemarle County, Virginia and each having its principal place of
business at P.O. Box 5643, 1610 Scottsville Road, Charlottesville, Virginia in Albemarle County, Virginia; and
WHEREAS, the Borrower has requested that the Appomattox Authority issue its qualified non-profit
revenue bond in an amount not to exceed $6,000,000 (the “Bond”) pursuant to the Industrial Development and
Revenue Bond Act, Title 15.2, Chapter 49 of the Code of Virginia of 1950, as amended (the “Act”) the
proceeds from which Bond will be used to assist the Borrower in the re-financing of the acquisition, construction,
equipping and furnishing of the Endowment’s new National Headquarters and Museum facility of approximately
22,000 square feet and 3 stories located on approximately 8.356 acr es, more or less (the “Facility”) in
Albemarle County, Virginia ("Albemarle County") known as 1610 Scottsville Road, Charlottesville, Virginia,
fronting on the West Side of State Route 20 approximately 2 miles from the intersection with I -64 and Route 20
across the highway from Carter’s Mountain, in Albemarle County, Virginia; and
WHEREAS, the Economic Development Authority of Albemarle County, Virginia (the “Albemarle
Authority”) has, after a public hearing held on June 12, 2012, considered the request of the Borrower for the
Albemarle Authority to recommend to the Board of Supervisors of Albemarle County, Virginia (the “Board of
Supervisors”) its approval of and concurrence with the issuance of the Bonds by the Appomattox Authority
under the Act, in such amounts as may be necessary to finance the cost of the Facility; and
WHEREAS, the Facility will also benefit Albemarle County, Virginia (“Albemarle County”) and the
Borrower has described the benefits to Albemarle County at such public hearing and the Al bemarle Authority
has recommended that the Board of Supervisors of Albemarle County approve of and concur with the issuance
of the Bonds by the Appomattox Authority under the Act; and
WHEREAS, Section 147(f) of the Code provides that both the governmental unit having jurisdiction over
the area in which any facility financed with the proceeds of private activity bonds is located and the
governmental unit on behalf of which such bonds are issued must approve the issuance of the bonds after
public hearing; and
WHEREAS, Section 15.2-4905 of the Act provides that if a locality has created an industrial
development authority, no industrial development authority created by a second locality may finance a facility
located in the first locality unless the governing body of such first locality concurs with the inducement resolution
adopted by the industrial development authority created by the second locality; and
WHEREAS, the Facility to be re-financed through the issuance of the Bond is located in Albemarle
County and the Board of Supervisors of Albemarle County constitutes the highest elected governmental unit of
Albemarle County; and
WHEREAS, the Board of Supervisors of Albemarle County has created the Albemarle Authority
pursuant to the Act; and
WHEREAS, the Board of Supervisors of Appomattox County, Virginia (“Appomattox County”)
constitutes the highest elected governmental unit of Appomattox County;
WHEREAS, the Board of Supervisors of Appomattox County has created the Appomattox Authority
pursuant to the Act; and
WHEREAS, the Board of Supervisors of Appomattox County approved on June 18, 2012, the plan of
financing for the Facility and the issuance of the Bond for the benefit of the Borrower and has designated the
Bond as a “qualified tax-exempt obligation” under Section 265(b) of the Code; and
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WHEREAS, the approving resolutions of the Board of Supervisors of Appomattox County and the
Appomattox Authority are each contingent upon the Board of Supervisors of Albemarle County approval of, and
concurrence with, the issuance of the Bond by the Appomattox Authority.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF ALBEMARLE
COUNTY, VIRGINIA:
1. The Board of Supervisors of Albemarle County hereby approves and concurs with the financing of the
Facility and the issuance of the Bond by the Appomattox Authority for the benefit of the Borrower, as
required by Section 147(f) of the Code and Sections 15.2-4905 and 15.2-4906 of the Act, to permit the
Appomattox Authority to assist in the financing of the Facility.
2. The approval of and concurrence with the issuance of the Bond, as required by said Section 147(f) of the
Code and Sections 15.2-4905 and 15.2-4906 of the Act, do not constitute an endorsement of the Bonds or
the creditworthiness of the Borrower or otherwise indicate that the Facility possesses any economic viability.
As required by the Act, the issuance of the Bond as requested by the Borrower will not constitute a debt or
pledge of the faith and credit of the Commonwealth of Virginia, Appomattox Co unty or Albemarle County.
Neither the Commonwealth of Virginia nor any political subdivision thereof, including the Appomattox
Authority, Appomattox County or Albemarle County shall be obligated to pay the Bond, or the interest
thereon, or other costs incident thereto, except from the revenues and monies pledged therefore, and
neither the faith and credit nor the taxing power of the Commonwealth of Virginia nor any political
subdivision thereof, including the Appomattox Authority, Appomattox County and Alb emarle County, will be
pledged to payment of principal of such Bonds or the interest thereon or other costs incidental thereto.
3. This resolution shall take effect immediately upon its adoption.
ADOPTED this 11th day of July, 2012.
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ATTACHMENT 6
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ATTACHMENT 7
LEASE AGREEMENT
This Lease Agreement (“Lease”) is made this 11th day of July, 2012, by and between MARTHA
JEFFERSON HOSPITAL, hereinafter referred to as “Lessor,” whose address for purposes hereof is 500 Martha
Jefferson Drive, Charlottesville, Virginia 22911; and the COUNTY OF ALBEMARLE, VIRGINIA, hereinafter
referred to as “Lessee” whose address for purposes hereof is 401 McIntire Road, Charlottesville, Virginia 22902.
WITNESSETH
1. DESCRIPTION OF PREMISES
Subject to and upon the terms, provisions and conditions herein set forth, Lessor does hereby lease,
and demise to the Lessee and the Lessee does hereby lease, and demise from the Lessor (i) one office having
approximately 151 rentable square feet, (ii) four (4) standard lockers in an employee locker room, and (iii) one
reserved parking stall with electric capabilities in a mutually agreeable location convenient and accessible to the
office space leased hereunder, for Lessee’s emergency response vehicle(s), each for Lessee’s exclusive use,
located at the Martha Jefferson Hospital facility at 500 Martha Jefferson Drive, Charlottesville, Virginia, and as
more specifically shown on the attached Exhibit A (the “Leased Premises”).
2. ACCEPTANCE OF PREMISES
Lessor or Lessor’s agents have made no representations or promises with respect to the said Leased
Premises or this Lease except as herein expressly set forth. Lessee’s taking possession of the Leased
Premises shall be conclusive evidence, as against Lessee, that Lessee accepts the Leased Premi ses “as is”
and that said Leased Premises and the building of which the same form a part are suited for the use intended by
Lessee and were in good and satisfactory condition at the time such possession was so taken.
3. TERM
The initial term of this Lease Agreement shall begin on the 1st day of September, 2012 (the “Effective
Date”), and end on the third (3rd) anniversary of the Effective Date (the “Initial Term”), unless sooner terminated
or extended as hereinafter provided. Following the Initial Term, this Lease shall be automatically extended and
renewed upon the same terms and conditions set forth herein for two (2) additional one -year terms (each a
“Renewal Term”), unless the Lessee elects, in its sole discretion, to terminate this Lease, and gives writt en
notice to Lessor of such election to terminate at least sixty (60) days prior to the expiration of the Initial Term or
any Renewal Term, as applicable. The foregoing notwithstanding, either party may terminate this Lease upon
one hundred twenty (120) days advance written notice to the other party following the end of the Initial Term.
Further, in the event that Lessee shall complete construction of a new emergency response station in
closer proximity to Martha Jefferson Hospital than Lessee’s current e mergency response station, Lessee shall
give written notice to Lessor within five (5) days of issuance of a certificate of occupancy for such station, and
this Lease shall automatically terminate on the last day of the month in which such notice was given, unless
continued by written agreement of the parties.
This Lease is subject to annual funding by the Board of Supervisors of the County of Albemarle,
Virginia. In the event the Board of Supervisors fails to appropriate funds necessary to perform the obligations
specified hereunder, this Lease shall be deemed cancelled, with no penalty to the County, and of no effect.
Notice of such cancellation must be given to the Lessor within thirty (30) days of the Board of Supervisors’ final
approval of the annual County budget. However, the failure of the County to provide such notice shall not
invalidate any non-appropriation decision by the County. In the event that this Lease is cancelled for the
reasons set forth in this paragraph, the Lessor will be paid for any amounts due and owing as of the date of
cancellation in accordance with the Lease, excluding any prospective amounts.
4. RENT
Lessee shall pay to Lessor annual rent and utility charges in the amount of $5,730.00 ($30.00 per
square foot plus $100 per month for the reserved parking space), without offset, in monthly installments of
$477.50, due in advance on the first day of each month during the Lease term, beginning on the Effective Date.
Rent payments shall be mailed to “Martha Jefferson Hospital” at 500 Martha Jefferson Drive, Charlottesville, VA
22911, or to such other address as Lessor may designate in writing from time to time.
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The parties further acknowledge and agree that this Lease is the result of an arms -length negotiation
and that the rent payable hereunder represents fair market value for the space and services provided hereunder
and is not intended as, nor shall it serve as, an inducement for the referral of patients. Nothing in this Lease
shall be construed to prohibit Lessor or Lessee from using professional judgment in referring or admitting
patients to or for any needed facility or service.
5. SURRENDER OF LEASED PREMISES
Upon the expiration or other termination of this Lease, Lessee shall quit and surrender to Lessor the
Leased Prem ises, in the same condition as at the commencement of the term, normal wear and tear only
excepted. Lessee shall promptly remove all of its property. Lessee’s obligation to observe or perform this
covenant shall survive the expiration or other termination of this Lease. If the last day of the term of this Lease
or any renewal thereof falls on Sunday, this Lease shall expire on the business day immediately preceding.
6. REPAIRS BY LESSOR
Lessor shall make any structural repairs necessary for safety and tenant ability. Lessee agrees to report
immediately in writing to Lessor any known defective condition in or about the Leased Premises.
7. USE OF PREMISES
The Leased Premises shall be used and occupied by Lessee as an emergency medical services (EMS)
station, for Lessee’s employees to perform administrative work and await emergency response calls. The
Leased Premises shall neither be used for any illegal purpose, nor in violation of any valid regulation of any
governmental body, nor in any manner to create any nuisance or trespass. Lessee agrees to abide by the
reasonable rules and regulations, which may be established from time to time by the Lessor concerning the use
of the Leased Premises that may be promulgated by Lessor. The initial rules and regulations, if a ny, are
attached hereto as Exhibit B.
Lessee shall not use the Leased Premises in any manner that will increase risks covered by insurance
on the Leased Premises and result in any increase in the rate of insurance or a cancellation of any insurance
policy. Lessee shall not allow on the Leased Premises anything prohibited by any policy for fire insurance
covering the Leased Premises, and Lessee shall comply with all requirements of insurance policies applicable
to the Leased Premises.
To the extent perm itted by law, Lessee agrees to indemnify and save Lessor harmless against and
from any and all claims, damages, costs and expenses, including reasonable attorney's fees, arising from or
related to (i) Lessee’s use of the Leased Premises; (ii) any breach or default on the part of Lessee in the
performance of any of its covenants or agreements hereunder; or (iii) any acts of Lessee, its agents,
contractors, employees, representatives, invitees, or licensees. Lessor shall not be liable for loss or damage to
Lessee’s personal property of any type for any reason or cause whatsoever, except when due to Lessor’s gross
negligence.
8. QUIET ENJOYMENT
If Lessee shall faithfully keep, perform and observe all of the covenants, agreements and conditions
herein stipulated, Lessee shall at all times during the term of this Lease have the peaceable and quiet
enjoyment of said Leased Premises without hindrance of Lessor or any person lawfully claiming under Lessor,
subject however, to the terms of this Lease.
9. ASSIGNMENT AND SUBLETTING
Lessee may not assign this Lease or any interest thereunder, or sublet the Leased Premises or any part
thereof or permit the use of the Leased Premises by any party other than the Lessee.
10. REPAIRS BY LESSEE
Lessee shall, at its own expense, keep and maintain the said Leased Premises and appurtenances and
every other part thereof in good order and repair except portions of the Leased Premises to be repaired by
Lessor as provided herein. The Lessee shall make no alteration in, or additions to, the Leased Premises without
first obtaining the Lessor’s written consent, which alterations (if approved and made) shall be at the sole cost of
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the Lessee unless otherwise agreed upon in writing. Any such alterations, additions or improvements, which
shall be made by either Lessor or Lessee and attached to the Premises, including carpet, shall be and become
the property of Lessor and shall remain upon and be surrendered with the Leased Premises as a part thereof at
the termination of this Lease without disturb ance, molestation or injury, unless Lessor shall, upon advance
written notice to Lessee, require that Lessee remove such alterations and repair any damage caused by such
removal, at Lessee’s sole expense, prior to expiration or termination of this Lease.
11. SERVICE OF NOTICE
All dispossessory or distraint proceedings, legal notices and notices required under this Lease, shall be
sent certified mail, return receipt requested to the Lessee at:
Robert A. Brown, Assistant Chief
Albemarle County Fire Rescue
460 Stagecoach Road
Charlottesville, VA 22902
Notices required to be sent to Lessor shall be sent certified mail, return receipt requested as follows:
Martha Jefferson Hospital
Attn: Ronald J. Cottrell, Vice President
500 Martha Jefferson Drive
Charlottesville, Virginia 22911
12. SEVERABILITY
If any clause or provision of this Lease is invalid or unenforceable under present or future laws effective
during the term of this Lease, then and in the event, it is the intention of the parties hereto that the remainder of
this Lease shall not be affected thereby and it is also the intention of the parties to this Lease that in lieu of each
clause or provision of this Lease that is invalid or unenforceable, there be added as a part of this Lease a clause
or provision as similar in terms to such invalid or unenforceable clause or provision as may be possible and be
legal, valid and enforceable. If such invalidity is, in the reasonable determination of Lessor or Lessee, essential
to its rights, then Lessor or Lessee has the right to terminate this Lease on written notice to the other.
13. CUMULATIVE RIGHTS
All rights, powers and privileges conferred hereunder upon the parties hereto shall be cumulative, but
not restrictive to those given by law.
14. NO ESTATE IN LAND
This Lease shall create the relationship of Landlord and Tenant between Lessor and Lessee; no estate
shall pass out of Lessor. Lessee has only a usufruct, not subject to levy and sale and not assignable by Lessee
except by Lessor’s consent.
15. PARTIES
“Lessor” as used in this Lease shall include the Lessor, its successors and assigns entitled to the
Leased Premises. “Lessee” shall include the Lessee, its, successors and assigns, and if this Lease shall be
validly assigned or sublet, shall include also Lessee’s assign ees or subleases of this Lease, as to the Leased
Premises covered by such assignment of sublease.
16. UTILITIES
Lessor will, at its own expense, pay for the installation of an electrical conduit from Lessor’s existing
facilities to Lessee’s reserved parking stall and a cable connection to Lessee’s exclusive office. Lessor will
provide all utility services, including heat, water, electric, local telephone, cable television, Internet services, and
janitorial services for the Leased Premises, the cost of which is reflected in the fair market value rent, as set
forth in Section 4 above, to be paid by Lessee. If the cost of Lessee’s utility usage exceeds Lessee’s expected
reasonable use, in Lessor’s sole discretion, Lessor shall be entitled, upon advance written notice to Lessee, to
charge additional rent to cover excess utility usage.
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17. DEFAULTS BY LESSEE
The following shall constitute defaults in this Lease: (i) the Leased Premises shall be deserted or
vacated, or (ii) the Lessee shall fail to comply with any term, provision, condition or covenant of this Lease,
including the payment of rent, or any of the rules and regulations now or hereafter established for the
management of this building within ten (10) days of receiving written notice from Lessor.
18. LESSOR’S REMEDIES
Upon the occurrence of any one or more of the foregoing events of default, Lessor shall have the option
of any one or more of the following courses of action:
a) Terminate this Lease, in which event Lessee shall immediately surrender the Leased Pre mises
to Lessor; and/or
b) Lessor, as Lessee’s agent, without terminating this Lease upon Lessee’s breaching this Lease,
inclusive of abandonment, may at Lessor’s option re -let the Premises at the best price obtainable by reasonable
effort, without advertisement and by private negotiations and for any term Lessor deems proper; and/or
c) As agent of the Lessee, do whatever the Lessee is obligated to do by the provisions of this
Lease.
d) Pursuit by Lessor of any of the foregoing remedies shall not preclude the pur suit of any of the
other remedies provided or any other remedies provided by law or statute.
19. PARKING
Lessor will provide Lessee up to four (4) unassigned parking spaces for the personal vehicles of
Lessee’s personnel. Lessor reserves the right to revise the number of parking spaces at any time during the
term of this Lease, subject to zoning regulations. Lessor shall have the right to designate an “Employee Parking
Area” and Lessee shall cause all employees to park in said area. In addition, Lessor shall provide a dedicated
parking space, in a mutually agreeable location convenient and accessible to the office space leased hereunder,
for Lessee’s emergency response vehicle(s), as provided for in Section 1.
20. SIGNS
Lessee shall not paint or place signs upon the Leased Premises except with the written consent of the
Lessor and in accordance with the signage criteria established by Lessor.
21. ABANDONMENT OF PREMISES
Lessee agrees not to abandon or vacate the Leased Premises during the period of this Lease wit hout
prior written notice to Lessor.
22. EMINENT DOMAIN
If the whole of the Leased Premises or such portion thereof as will make the Leased Premises totally
unusable for the purpose herein leased, be condemned by any legally constituted authority for any pub lic use or
purpose, then in either of said events, the term hereby granted shall cease from the time when possession
thereof is taken by public authorities.
23. DESTRUCTION OR DAMAGE TO PREMISES
If the Leased Premises are totally destroyed (or so substantially damaged as to be untenantable) by
storm, fire, earthquake or other casualty, at the option of Lessor, this Lease shall terminate as of the date of
such destruction or damage. The Lessor, within twenty (20) days, shall give Lessee notice as to intent to
reconstruct. Failure to do so shall give Lessee the option to cancel this Lease. If Lessor elects to reconstruct,
the construction term shall not exceed ninety (90) days or Lessee may, at its option, cancel this Lease. Nothing
contained herein shall require Lessor to make such restoration if not deemed advisable in its judgment. If Lessor
fails to provide notice of the option to reconstruct within twenty (20) days of the occurrence, Lessee may, at its
option, terminate this Lease. If the Leased Premises are not restored within ninety (90) days of the occurrence,
Lessee may, at its option, terminate this Lease.
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24. CASUALTY INSURANCE
Lessor shall at all times during the term of this Lease maintain a policy or policies insuring the
building(s) against loss or dam age by fire, explosion or other hazards. Lessor shall not be required to insure any
furniture, equipment, machinery, goods or supplies which Lessee may bring upon the Leased Premises. Lessor
shall not be required to insure any additional improvements Lessee may make to the Leased Premises.
25. RENOVATION BY LESSOR
If Lessor shall deem it necessary to effect renovations or redecoration of the building in which the
Leased Premises are located, such action shall be made at Lessor’s expense and shall not in any w ay affect
Lessee’s obligation under this Lease; provided, however, if such action by Lessor shall render the Leased
Premises untenantable and Lessor cannot complete such acts within sixty (60) days, either Lessor or Lessee
may terminate this Lease. If renovation is required of the Lessor due to government order of authority not
occasioned by Lessee’s tenancy, the above provisions shall apply except that Lessor shall have ninety (90)
days to comply with same.
26. ENTRY BY LESSOR
Lessor may enter the Leased Premises at reasonable times to exhibit the same to prospective
purchasers or tenant, to inspect the Leased Premises to see that the Lessee is complying with all its obligations
hereunder and to make repairs required of Lessor under the terms hereof or repair s of Lessor’s adjoining
property.
27. PATIENT INFORMATION
During the term of the Lease, Lessee, its agents, contractors, employees, representatives, invitees, or
licensees, may have access to patient healthcare, billing, or other confidential patient informa tion (“Patient
Information”). Patient Information, as the term is used herein, includes all “Protected Health Information,” as
that term is defined in 45 CFR § 164.501. With respect to Patient Information observed or obtained from Lessor
or in the building in which the Leased Premises are located, Lessee shall comply with all laws, rules and
regulations relating to the confidentiality of such Patient Information, including the applicable provisions of state
law and the privacy regulations promulgated pursuant to the Health Insurance Portability and Accountability Act
of 1996 (“HIPAA”) and the Health Information Technology for Economic and Clinical Health Act (“HITECH”), to
the extent such laws, rules and regulations are applicable to Lessee. Lessee underst ands and acknowledges
that Lessee is fully responsible for ensuring compliance with these obligations by its agents, contractors,
employees, representatives, invitees and licensees.
28. CAPTIONS
The captions of each paragraph and heading hereof are added as a matter of convenience only and
shall be considered to be of no effect in the construction of any provision or provisions of this Lease.
29. ENTIRE AGREEMENT
This Lease contains the entire agreement of the parties and no representations, inducements, promi ses
or agreements, oral or otherwise, between the parties not embodied herein shall be of any force or effect. No
failure of the Lessor to exercise any power given the Lessor hereunder or to insist upon strict compliance by the
Lessee of any obligation hereunder and no custom or practice of the parties at variance with the terms hereof
shall constitute a waiver of the Lessor’s right to demand exact compliance with the terms hereof.
30. APPLICABLE LAW
This Lease shall be governed and interpreted according to t he laws of the Commonwealth of Virginia.
IN WITNESS WHEREOF, this Lease has been executed by these duly authorized officers as of the date
first written above.
LESSOR:
MARTHA JEFFERSON HOSPITAL
24
Title:_______________________
Witness
LESSEE:
COUNTY OF ALBEMARLE, VIRGINIA
______________________ By:________________________________
Witness Thomas C. Foley, County Executive
Approved as to form:
By:___________________
County Attorney
25
ATTACHMENT 8
RESOLUTION APPROVING LEASE AGREEMENT BETWEEN THE COUNTY OF ALBEMARLE AND
MARTHA JEFFERSON HOSPITAL FOR EMERGENCY RESPONSE STATION
WHEREAS, the County of Albemarle has acquired land in Peter Jefferson Place for a new em ergency
response station; and
WHEREAS, the County desires to improve emergency response times in the Pantops area while the
proposed emergency response station is in the planning and construction phases; and
WHEREAS, Martha Jefferson Hospital has offered a three to five year lease for space in its new
Pantops facility at which the County can locate an interim emergency response station.
NOW, THEREFORE, BE IT RESOLVED that the Albemarle County Board of Supervisors hereby
approves the Lease Agreement and authorizes the County Executive to sign, in a form approved by the County
Attorney, the Lease Agreement and any associated documents between the County of Albemarle and Martha
Jefferson Hospital for an interim emergency response station at the Martha Jeffer son Hospital facility located at
500 Martha Jefferson Drive, Charlottesville, Virginia 22911.
26
ATTACHMENT 9
RESOLUTION TO APPROVE AN ALTERNATE
TO ACT FOR THE COUNTY EXECUTIVE ON THE
ALBEMARLE-CHARLOTTESVILLE REGIONAL JAIL AUTHORITY BOARD
WHERAS, the City of Charlottesville and the Counties of Albemarle and Nelson (“Member
Jurisdictions”) have established the Albemarle-Charlottesville Regional Jail Authority (“Jail Authority”), and
adopted an Agreement (the “Service Agreement”) that established their respective rights and obligations for the
Jail Authority; and
WHEREAS, Section 2.2 of the Service Agreement established the Jail Authority Board that exercises
the powers of the Jail Authority; and
WHEREAS, pursuant to Section 2.2 of the Service Agreement, one Jail Authority Board member from
each Member Jurisdiction is its current county executive, city manager or other chief executive officer, provided
that such officer may designate another staff member to act as his alternate, who, if approved by the re spective
governing body, may attend and vote in place of that chief executive at Jail Authority Board meetings; and
WHEREAS, the County Executive wishes to designate the Assistant County Executive for Community
Services to act as the alternate for the County Executive to attend Jail Authority Board meetings and vote in
place of the County Executive in his absence; and
WHEREAS, the Board finds that approval of an alternate for the County Executive will improve and
facilitate the efficient operations of the County Executive’s Office and the Jail Authority.
NOW, THEREFORE BE IT RESOLVED THAT the Albemarle County Board of Supervisors hereby
approves the designation of the Assistant County Executive for Community Services as the alternate to attend
and vote in place of the County Executive at Albemarle-Charlottesville Regional Jail Authority Board meetings
when the County Executive is absent from such meetings.
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ATTACHMENT 10
CONDITIONS OF APPROVAL ON PLANNING ITEMS
SP-2010-00046. New Hope Community Church (Signs #12&15).
1. Development and use shall be in general accord with the conceptual plan titled “Conceptual Plan –
Soccer Field Removed: New Hope Community Church,” prepared by Blackwell Engineering PLC,
revision number 4 (dated 5-17-12), (hereafter “Conceptual Plan”), as determined by the Director of
Planning and the Zoning Administrator. To be in general accord with the Conceptual Plan, development
and use shall reflect the following major element within the development essential to the design of the
development, as shown on the Conceptual Plan:
location of buildings and structures, which may be built in phases ;
location and maximum number of parking spaces, which may be built in phases
location of the entrance;
location of the “wooded area to remain,” within which land clearing and development shall not
occur, with the exception that the designated “Proposed Reserve Drainfield” site may be cleared
and used only for that purpose.
Minor modifications to the plan which do not conflict with the elements above may be made to ensure
compliance with the Zoning Ordinance.
2. The area of assembly shall be limited to a maximum four hundred (400)-seat sanctuary.
3. All outdoor lighting shall be only full cut-off fixtures and shielded to reflect light away from all abutting
properties. A lighting plan limiting light levels at all property lines to no greater than 0.3 foot candles
shall be submitted to the Zoning Administrator or their designee for approval.
4. There shall be no day care center or private school on site without approval of a separate special use
permit.
5. Entrance design and location must be approved by the Virginia Department of Transportation before
construction of the access road for this use may commence.
6. Written approval of water-supply and septic facilities must be submitted before this use may commence.
__________
SP-2010-00057. Pine Knot Historical Center (Sign #57).
1. Development and use shall be in general accord with the conceptual plan titled “Ex. Conditions and Site
Plan Special Use Permit – SP#201000057” prepared by Water Street Studio and dated (last revised)
March 22, 2012 (hereafter “Conceptual Plan”), as determined by the Director of Planning and the
Zoning Administrator. To be in general accord with the Conceptual Plan, development and use shall
reflect the following major elements within the development essential to the design of the development,
as shown on the Conceptual Plan:
limits of disturbance;
location of buildings and structures; and
location of parking area and associated BMPs for storm water management
Minor modifications to the plan, which do not conflict with the elements above, may be made to ensure
compliance with the Zoning Ordinance.
2. Transportation to and from the Pine Knot property for attendees of all special events sh all be subject to
a transportation management plan approved by the Planning Director.
3. Approval from the Health Department for the composting restroom facility shall be required prior to
issuance of a building permit for this use.
4. Construction of the new building, as identified on the conceptual site plan (Attachment C -copy on file),
shall commence on or before July 11, 2018, or this special use permit shall be deemed abandoned and
the authority granted hereunder shall thereupon terminate.
__________
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SP-2012-00004. Community Christian Academy (Signs #38&39).
1. The existing building and use shall be in general accord with the site plan titled Alliance Bible
Church “Community Christian Academy” prepared by Roudabush, Greene, & Gale and date
approved 4 -14-87 (hereafter “Site Plan”), as determined by the Director of Planning and the Zoning
Administrator. To be in general accord with the Site Plan, the existing building and use shall reflect
the following major elements within the site essential to the desig n of the site, as shown on the Site
Plan:
• Location of buildings, uses, and structures
• Location of parking areas
• Location of outdoor play area
• Relation of buildings and parking to the street; and Site access
Minor modifications to the plan which do no con flict with the elements above may be made to
ensure compliance with the Zoning Ordinance.
2. Maximum enrollment shall be eighty-five (85) children.
3. All students shall be over the age of two and one-half (2 ½) years old.
4. Hours of operation for the school shall be between 7:40 a.m. to 6:00 p.m., except that occasional
school-related events may occur after 6:00 p.m.
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ATTACHMENT 11
ORDINANCE NO. 12-03(1)
AN ORDINANCE TO AMEND AND REORDAIN CHAPTER 3, AGRICULTURAL AND FORESTAL DISTRICTS,
ARTICLE II, DISTRICTS OF STATEWIDE SIGNIFICANCE, DIVISION 2, DISTRICTS, 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 3, Agricultural
and Forestal Districts, Article II, Districts of Statewide Significance, Division 2, Districts, of the Code of the
County of Albemarle, Virginia, is hereby amended and reordained as follows:
By Amending:
3-211 Chalk Mountain Agricultural and Forestal District
3-214 Hardware Agricultural and Forestal District
3-219 Keswick Agricultural and Forestal District
CHAPTER 3. AGRICULTURAL AND FORESTAL DISTRICTS
DIVISION 2. DISTRICTS
Sec. 3-211 Chalk Mountain Agricultural and Forestal District.
The district known as the "Chalk Mountain Agricultural and Forestal District" consists of the following
described properties: Tax map 97, parcels 2, 21A1, 21B, 21B1, 21C, 21D, 22, 22A, 22B, 27; tax map 98,
parcels 1G (part), 11, 12, 13, 14; tax map 99, parcel 30. This district, creat ed on September 6, 1989 for not
more than 10 years and last reviewed on December 2, 2009, shall next be reviewed prior to December 2, 2019.
(Code 1988, § 2.1-4(r); Ord. 98-A(1), 8-5-98; Ord. 99-3(5), 10-6-99; Ord. 00-3(1), 4-19-00; Ord. 09-3(4), 12-2-
09)
Sec. 3-214 Hardware Agricultural and Forestal District.
The district known as the "Hardware Agricultural and Forestal District" consists of the following
described properties: Tax map 72, parcel 51C; tax map 73, parcels 38, 39C7, 41A, 41B1, 41B2, 42, 42A, 43,
44; tax map 74, parcels 6N, 26, 28, 28B; tax map 75, parcels 4A, 5; tax map 86, parcels 14, 16, 16A, 16C, 16D,
16E, 16F, 16H, 27, 27A; tax map 87, parcels 10, 13A, 13E (part consisting of 89.186 acres), 16A; tax map 88,
parcels 2A, 3T, 3V, 6A, 20A, 20B, 20C, 20D, 20F, 23, 23E, 23F, 24, 24A, 24B, 26B, 29, 40, 42; tax map 99,
parcels 10(part), 29, 52, 52B. This district, created on November 4, 1987 for not more than 10 years and last
reviewed on September 12, 2007, shall next be reviewed prior to September 12, 2017.
(Code 1988, § 2.1-4(h); Ord. No. 98-A(1), 8-5-98; Ord. 00-3(2), 7-12-00; Ord. 07-3(2), 9-12-07; Ord. 09-3(4), 12-
2-09; Ord. 10-3(2), 7-7-10; Ord. 10-3(3), 12-1-10)
Sec. 3-219 Keswick Agricultural and Forestal District.
The district known as the "Keswick Agricultural and Forestal District" consists of the following described
properties: Tax map 48, parcels 30, 30A, 30B, 30C, 30D, 30E; tax map 63, parcels 39, 39A, 40, 42A; tax map
64, parcels 5, 7, 7A, 8A, 9, 10 10A, 10B, 10C, 10D, 11 12, 13, 13A, 14; tax map 65, parcels 13, 31C1, 31C3,
31D, 32; tax map 79, parcel 46; tax map 80, parcels 1, 2, 2A, 2C, 3A, 3A1, 3G, 3H, 3I, 4, 61D, 88, 114A, 115,
164, 169, 169A, 169C, 169C1, 174, 176, 176A, 182, 182A, 183, 183A, 190, 192, 194; tax map 81, parcels 1, 8A,
15A6, 15B, 63, 69, 72, 73, 74, 79. This district, created on September 3, 1986 for not more than 10 years and
last reviewed on November 3, 2004, shall next be reviewed prior to November 3, 2014.
(10-12-94; 4-12-95; 8-13-97; Code 1988, § 2.1-4(e); Ord. 98-A(1), 8-5-98; Ord. 04-3(3), 11-3-04; Ord. 09-3(4),
12-2-09; Ord. 10-3(3), 12-1-10; Ord. 11-3(4), 12-7-11)
30
ATTACHMENT 12
RESOLUTION APPROVING RIGHT OF WAY AGREEMENT BETWEEN THE COUNTY OF ALBEMARLE
AND DOMINION VIRGINIA POWER FOR RELOCATION OF UTILITIES
WHEREAS, the County of Albemarle has acquired Parcel 056A2-01-00-02400 adjacent to The Square
in Crozet; and
WHEREAS, the County desires to relocate overhead utilities along Crozet Avenue as part of the
Downtown Crozet Streetscape Project; and
WHEREAS, this Right of Way Agreement is necessary for Dominion Virginia Power to relocate the
overhead utilities as requested by the County.
NOW, THEREFORE, BE IT RESOLVED that the Albemarle County Board of Supervisors hereby
approves the Right of Way Agreement and authorizes the County Executive to sign, in a form approved by the
County Attorney, the Right of Way Agreement between the County of Albemarle and Dominion Virginia Power
for an easement over Parcel 056A2-01-00-02400 in order to provide for the relocation of overhead utilities along
Crozet Avenue.
31
ATTACHMENT 13
ORDINANCE NO. 12-18(4)
AN ORDINANCE TO AMEND CHAPTER 18, ZONING, ARTICLE I, GENERAL PROVISIONS, ARTICLE II,
BASIC REGULATIONS, AND ARTICLE III, DISTRICT 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 Regulations, Article II, Basic Regulations, and Article III, District Regu lations, are hereby
amended and reordained as follows:
By Amending:
Sec. 3.1 Definitions
Sec. 4.2 Critical slopes
Sec. 4.2.1 Building site required
Sec. 4.2.2 Building site area and dimensions
Sec. 4.2.3 Location of structures and improvements
Sec. 4.2.4 Location of septic systems
Sec. 4.7 Open space
Sec. 5.1.43 Special events
Sec. 5.1.44 Farm worker housing
Sec. 10.5.2 Where permitted by special use permit
By Amending and Renaming:
Current New
Sec. 4.1 Area and health regulations related to utilities Water supplies and sewer systems
By Repealing:
Sec. 4.1.1 Untitled
Sec. 4.1.2 Untitled
Sec. 4.1.3 Untitled
Sec. 4.1.4 Untitled
Sec. 4.1.5 Untitled
Sec. 4.1.6 Untitled
Sec. 4.1.7 Untitled
Chapter 18. Zoning
Article I. General Regulations
Sec. 3.1 Definitions
. . .
Alternative onsite sewage system: A treatment works approved by the Virginia Department of Health that is not
a conventional onsite sewage system and does not result in a point source discharge.
. . .
Conventional onsite sewage system: A treatment works approved by the Virginia Department of Health
consisting of one or more septic tanks with gravity, pumped, or siphoned conveyance to a gravity distributed
subsurface drainfield.
. . .
Critical slopes: Slopes of twenty-five (25) percent or greater as determined by reference to either current
topographic mapping available from the county or a more accurate field survey certified by a professional
surveyor or engineer.
32
. . .
Onsite sewage system: A conventional onsite sewage system or an alternative onsite sewage system.
. . .
Subsurface drainfield: A system installed within the soil and designed to accommodate treated sewage from a
treatment works.
. . .
Treatment works: Any device or system used in the storage, treatment, disposal or reclamation of sewage or
combinations of sewage and industrial wastes, including but not limited to pumping, power and other equipment
and appurtenances, septic tanks, and any works, including land, that are or will be: (i) an int egral part of the
treatment process; or (ii) used for ultimate disposal of residues or effluents resulting from such treatment.
Article II. Basic Regulations
Sec. 4.1 Water supplies and sewer systems (Amended 6-3-81)
The water supply and sewer system serving either a development or any individual lot shall comply with the
following:
a. Public water supply and public sewer system within the services areas of the Albemarle County Service
Authority. Within the services areas of the Albemarle County Service Authority (the “service areas”),
each development and each lot shall be served by the public water supply and the public sewer system.
Within the service areas, no building permit shall be issued for any structure if its use requires increased
water consumption and/or sewage disposal, unless the structure will be connected to the public water
supply and/or the public sewer system. Connection to the public water supply and/or the public sewer
system is not required in the following circumstances:
1. Existing structure damaged. When an existing structure is damaged as a result of factors
beyond the control of its owner and/or occupant, the structure may be repaired or reconstructed
provided that the repair or reconstruction is commenced within twelve (12) months and
completed within twenty-four (24) months after the date of the damage, and further provided
that the structure is not repaired or reconstructed so as to increase the number of water supply
or sewage fixtures.
2. Cost of connection to public water supply or public sewer system exceeds cost of onsite
sewage system. When the director of community development, in consultation with the
Albemarle County Service Authority finds that the cost of connecting the proposed development
or lot to the public water supply and/or the public sewer system, exclusive of connection fees,
exceeds the cost of installing an on-site well and/or an onsite sewage system.
3. Capacity of public water supply or public sewer system is inadequate . When the director of
community development, in consultation with the Albemarle County Service Authority finds that
the capacity of the public water supply and/or the public sewer system is inadequate to serve
the proposed development or lot.
4. Nonconforming use or structure. The structure is used for a nonconforming use and satisfies the
requirements of section 6.2(C) or the structure is nonconforming and satisfies the requirements
of section 6.3.
b. Water supply and sewer system when development or lot not connected to th e public water supply
and/or the public sewer system. When a development or a lot is not or will not be connected to the
public water supply and/or the public sewer system, the following shall apply, except when an existing
structure is damaged as provided in section 4.1(a)(1):
1. Lots served by an alternative onsite sewage system. On any lot served by an alternative onsite
sewage system, no building permit shall be issued for any structure, the use of which requires
sewage disposal, without the Virginia Department of Health’s approval of the location and area
for the alternative onsite sewage system.
33
2. Lots served by a conventional onsite sewage system. On any lot served by a conventional
onsite sewage system, no building permit shall be issued for any structure, the use of which
requires sewage disposal, without the Virginia Department of Health’s approval of the location
and area for both an original and a replacement subsurface drainfield that is adequate to serve
the use. For residential uses, each subsurface drainfield shall have suitable soils of adequate
area to accommodate sewage disposal from a three (3) bedroom dwelling as determined by the
current regulations of the Virginia Department of Health.
Sec. 4.2 Critical slopes
The provisions in this section through section 4.2.5 implement the comprehensive plan by protecting and
conserving steep hillsides together with public drinking water supplies and flood plain areas because of the
increased potential for soil erosion, sedimentation, wat er pollution and sewage disposal problems associated
with the disturbance of critical slopes. The disturbance of critical slopes may result in: rapid and/or large -scale
movement of soil and rock; excessive stormwater run-off; siltation of natural and man-made bodies of water;
loss of aesthetic resource; and in the event of onsite sewage system failure, a greater travel distance of septic
effluent, all of which constitute potential dangers to the public health, safety and/or welfare. The regulations in
sections 4.2.1, 4.2.2, 4.2.3 and 4.2.4 are intended to direct building and onsite sewage system locations to
terrain more suitable to development and to discourage development on critical slopes, and to supplement other
regulations regarding the protection of public water supplies and the encroachment of development into flood
plains. (Amended 11-15-89)
Each request to waive or modify any requirement of sections 4.2.1, 4.2.2, 4.2.3 or 4.2.4 under section 4.2.5 shall
be by special exception under section 31.8. (Added 11-15-89)
Sec. 4.2.1 Building site required
No lot other than a special lot shall have less than one (1) building site, subject to the following:
a. Composition of building site. A building site shall be composed of a contiguous area of land and may not
contain any area of land that is: (i) in critical slopes; (ii) within the flood hazard overlay district; (iii) under
water during normal hydrological conditions; (iv) within two hundred (200) horizontal feet of the one
hundred year flood plain of any public water supply reservoir; and (v) within a stream buffer under
chapter 17 of the Code, provided that nothing contained herein shall be deemed to prohibit or impair
the program authority from exercising its discretion as authorized in chapter 17.
b. Special exception. Notwithstanding section 4.2.5, any requirement of section 4.2.1(a) may be waived or
modified by special exception under section 31.8 upon the board of supervisors’ consideration of
whether (i) the parcel has an unusual size, topography, shape, location or other unusual physical
condition; or (ii) development in a stream buffer on the parcel was authorized as provided in section 17 -
321 of the Code.
Sec. 4.2.2 Building site area and dimensions
Each building site shall be subject to the following minimum area and dimension requirements: (Amended 10 -
17-01)
a. Uses not served by a public or central sewage system . Building sites for uses not served by a public or
central sewage system shall be subject to the following: (Amended 11-15-89; 10-17-01)
1. Dwelling units. Each building site for a dwelling unit shall have an area of thirty thousand
(30,000) square feet or greater and shall be of such dimensions that no one dimension exceeds
any other by a ratio of more than five (5) to one (1) as described by a rectangle inscribed within
the building site. The building site shall have adequate area for locating two (2) subsurface
drainfields approved by the Virginia Department of Health if the lot will be served by a
conventional onsite sewage system. (Amended 11-15-89; 10-17-01)
2. Development subject to section 32 of this chapter. Each building site in a development subject
to section 32 of this chapter shall have an area of thirty thousand (30,000) square feet or
greater and shall be of such dimensions that no one dimension exceeds any other by a ratio of
more than five (5) to one (1) as described by a rectangle inscribed within the building site. The
building site shall have adequate area for all buildings and structures, two (2) subs urface
34
drainfields approved by the Virginia Department of Health if the lot will be served by a
conventional onsite sewage system, parking and loading areas, storage yards and other
improvements, and all earth disturbing activity related to the improvements. (Added 11-15-89;
Amended 10-17-01)
3. Special exception. Notwithstanding section 4.2.5, the rectangular shape required by
subsections (1) and (2) may be waived or modified by special exception under section 31.8
upon the board of supervisors’ consideration of the recommendation from the Virginia
Department of Health and information provided by the developer showing, that: (i) the parcel
has an unusual size, topography, shape, location or other unusual physical condition; (ii) no
reasonable alternative building site exists; and (iii) modifying or waiving the rectangular shape
would result in less degradation of the parcel or adjacent parcels than if those dimensions were
adhered to. (Added 10-17-01)
b. Uses served by a central sewage system. Building sites for uses served by a central sewage system
shall be demonstrated by the applicant to have adequate area, as follows: (Amended 10 -17-01)
1. Residential development. Each building site in a residential development shall have adequate
area for all dwelling unit(s) together with an area equivalent to the sum of the applicable
required yard areas for the applicable zoning district and, if parking is provided in bays, the
parking area. (Added 11-15-89; Amended 10-17-01)
2. Development subject to section 32 of this chapter. Each building site in a development subject
to section 32 of this chapter shall have adequate area for all structures, parking and loading
areas, storage yards and other improvements, and all earth disturbing activity related to the
improvements. (Added 11-15-89; Amended 10-17-01)
(§ (4.2.2, 12-10-80; § 4.2.2, 4.2.2.1, 11-15-89; Ord. 01-18(7), 10-17-01)
Sec. 4.2.3 Location of structures and improvements
Except as otherwise provided in section 4.2.2, this section applies to the location of any structure for which a
permit is required under the Uniform Statewide Building Code and to any improvement shown on a site plan
pursuant to section 32 of this chapter. (Amended 11-15-89; 10-17-01)
(§ 4.2.3, 12-10-80, 11-15-89; Ord. 01-18(7), 10-17-01)
a. No structure or improvement shall be located on any lot in any area other than a building site.
(Amended 11-15-89)
b. No structure, improvement, or land disturbing activity to establish the structure or improvement
shall be located on critical slopes except as otherwise permitted under sections 4.2.5, 4.2.6 and
4.3.1.
Sec. 4.2.4 Location of onsite sewage systems (Amended 11-11-87)
In the review for and issuance of a permit for the installation of an onsite sewage system, the Virgi nia
Department of Health should be mindful of the intent of section 4.2, and particularly mindful of the intent to
discourage onsite sewage systems on slopes of twenty (20) percent or greater. Any onsite sewage system shall
be located within a building site. (Amended 11-1-87; 9-9-92)
Sec. 4.7 Open space
Open space shall be established, used, designed and maintained as follows:
a. Intent. Open space is intended to provide active and passive recreation, protect areas sensitive to
development, buffer dissimilar uses from one another and preserve agricultural activities. The
commission and the board of supervisors shall consider the establishment, use, design and
maintenance of open space in their review and approval of zoning map amendments. The subdivision
agent and the site plan agent (hereinafter, collectively referred to as the “agent”) shall apply the
following principles when reviewing open space provided on a subdivision plat or site plan.
35
b. Uses permitted. Open space shall be maintained in a natural state and shall not be developed with any
improvements, provided that the agent may authorize the open space to be used and improved for the
following purposes: (i) agriculture, forestry and fisheries, including appropriate structures; (ii) game
preserves, wildlife sanctuaries and similar uses; (iii) noncommercial recreational uses and structures;
(iv) public utilities; (v) individual wells; (vi) in a cluster development, onsite sewage systems if the
Department of Health determines that there are no suitable locations for a subsurface drainfield on a
development lot; and (vii) stormwater management facilities and flood control devices.
c. Design. Open space shall be designed as follows:
1. Lands that may be required. The agent may require that open space include: (i) areas deemed
inappropriate for or prohibited to development including, but not limited to, land in the one -
hundred year flood plain and significant drainage swales, land in slopes of twenty -five (25)
percent or greater, public utility easements for transmission lines, stormwater management
facilities and flood control devices, and lands having permanent or seasonally high water tables;
(ii) areas to satisfy section 4.16, and (iii) areas to provide reasonable buffering between
dissimilar uses within the development and between the development and adjoining properties.
2. Redesign during review. The agent may require the redesign of a proposed development to
accommodate open space areas as may be required under this section 4.7, pro vided that the
redesign shall not reduce the number of dwelling units permitted under the applicable zoning
district.
3. Limitation on certain elements. If open space is required by this chapter, not more than eighty
(80) percent of the minimum required open space shall consist of the following: (i) land located
within the one-hundred year flood plain; (ii) land subject to occasional, common or frequent
flooding as defined in Table 16 Soil and Water Features of the United States Department of
Agriculture Soil Conservation Service, Soil Survey of Albemarle County, Virginia, August, 1985;
(iii) critical slopes; and (iv) land devoted to stormwater management facilities or flood control
devices, except where the facility or feature is incorporated into a permanent pond, lake or other
water feature deemed by the agent to constitute a desirable open space amenity.
d. Ownership of open space. Open space may be privately owned or dedicated to public use. Open space
in private ownership shall be subject to a legal instrument ensuring the maintenance and preservation of
the open space that is approved by the agent and the county attorney in conjunction with the approval of
the subdivision plat or site plan. Open space dedicated to public use shall be dedicated to the county in
the manner provided by law. Open space dedicated to public use shall count toward the minimum
required open space.
(12-10-80, §§ 4.7, 4.7.1, 4.7.2, 4.7.3, 4.7.4; 6-3-81, 11-15-89; Ord. 09-18(1), 1-14-09, § 4.7)
Sec. 5.1.43 Special events
Each special event authorized by section 10.2.2(50) shall be subject to the following:
a. Eligibility and applicability. Special events may be authorized on those parcels in the Rural Areas (RA)
zoning district on which there is an existing and ongoing by-right (section 10.2.1) primary use. A special
event special use permit issued under section 10.2.2(50) and this section shall not be required for
special events associated with farm wineries or historical centers, or for events determined by the
zoning administrator to be accessory to a primary use of the parcel.
b. Information to be submitted with application for special use permit. In addition to any information
otherwise required to be submitted for a special use permit, each application for a special use permit
shall include the following:
1. Concept plan. A preliminary schematic plan (the “concept plan”) satisfying section 32.4.1. The
concept plan shall identify the structure(s) to be used for the special event, include the area of
the structure(s) in which the proposed special events will be conducted, the parking area, and
the entrance to the site from the street. The concept plan shall address, in particular, provisions
for safe and convenient access to and from the street, the location of the parking area, the
location of portable toilets if they may be required, proposed screening as required by this
section for parking areas and portable toilets, and information regarding the exterior appearance
36
of the proposed site. Based on the concept plan and other information submitted, the board of
supervisors may then waive the requirement for a site plan in a particular case, upon a finding
that the requirement of a site plan would not forward the purposes of this chapter or otherwise
serve the public interest.
2. Information from the Virginia Department of Health. The applicant shall submit written
comments from the Virginia Department of Health regarding the private water supply and the
onsite sewage system that will serve the proposed special event site, the ability of the water
supply and the onsite sewage system to handle the proposed events, and the need to improve
the supply or the system in order to handle the proposed events.
3. Building and fire safety. The building official and the county department of fire and rescue shall
review and comment on the application, identifying all Virginia Uniform Statewide Building Code
and Virginia Statewide Fire Prevention Code issues and requirements.
c. Zoning clearance. The applicant shall obtain a zoning clearance under section 31.5 prior to conducting
a special event. A single zoning clearance may be obtained for one (1) or more such special events in
a calendar year as follows:
1. The zoning administrator may issue a single zoning clearance for more than one (1) special
event if: (i) the application submitted by the applicant includes the required information in
subsection 5.1.43(c)(3) for each special event to be covered by the zoning clearance: (ii) the
zoning administrator determines that each special event is substantially similar in nature and
size; and (iii) the zoning administrator determines that a single set of conditions that would apply
to each such special event may be imposed with the zoning clearance.
2. The applicant shall apply for a zoning clearance at least thirty (30) days prior to the date of the
first special event to be authorized by the zoning clearance. The application shall be submitted
to the zoning administrator, who shall forward copies of the application to the co unty police
department, the county building official, the county department of fire and rescue, and the local
office of the Virginia Department of Health. As part of his review, the building official shall
determine whether the structure(s) proposed to be used for the special events satisfies the
requirements of the Virginia Uniform Statewide Building Code for that use.
3. The application shall describe the nature of each special event to be authorized by the zoning
clearance, the date or dates and hours of operation of each such special event, the facilities,
structures to be used, and the number of participants and support staff expect to attend each
special event.
4. Upon a determination that all requirements of the zoning ordinance and all condition s of the
special use permit are satisfied, and imposing all conditions of such approval required by the
offices identified in subsection 5.1.43(c)(2), the zoning administrator shall issue a zoning
clearance for one or more special events. The validity of the zoning clearance shall be
conditional upon the applicant’s compliance with all requirements of the zoning ordinance, all
conditions of the approved special use permit, the approved concept plan or site plan, and all
conditions imposed by the zoning cle arance.
d. Special events sites and structures. In addition to all other applicable requirements of this chapter,
special events sites and structures shall be subject to the following:
1. Structures used for special events. Each structure used for a special event shall satisfy the
following: (i) the structure shall have been in existence on the date of adoption of this section
5.1.43, provided that this requirement shall not apply to accessory structures less than one
hundred fifty (150) square feet in size; (ii) the structure shall be a lawful conforming structure
and shall support or have supported a lawful use of the property; and (iii) modifications to farm
buildings or farm structures as those terms are defined in Virginia Code § 36-97 shall allow the
structure to revert to an agricultural use, as determined by the building official.
2. Minimum yards. Notwithstanding any other provision of this chapter, the minimum front yard
shall be seventy-five (75) feet. The minimum side yard shall be twenty-five feet (25) feet. The
minimum rear yard shall be thirty-five (35) feet. All yards shall be measured from structures and
off-street parking areas. These minimum yard requirements shall apply to all accessory
37
structures established after the effective date of this section 5.1.43 and all tents, parking areas
and portable toilets used in whole or in part to serve special events.
3. Parking. The number of off-street parking spaces for a special event shall be as required in
section 4.12.6. Notwithstanding section 4.12.15(a) through (g), the additional parking area(s)
for special events shall consist of or be constructed of pervious materials including, but not
limited to stabilized turf, approved by the county engineer. Asphalt and impervious m aterials
are prohibited. If the parking area is on grass or in a field, the applicant shall reseed and
restore the parking area site as required by the zoning administrator. In addition to the
requirements of section 4.12.5, the parking area shall be onsite and screened from abutting
parcels by topography, structures or new or existing landscaping. Notwithstanding section
4.12.16(d) and (e), the delineation of parking spaces and the provision of bumper blocks shall
not be required.
4. Water and sewer. The private water supply and onsite sewage system serving a special event
shall be approved by the Virginia Department of Health.
5. Streets and access. Streets serving the site shall be adequate for anticipated traffic volume for
a special event. Access from the street onto the site shall be adequate to provide safe and
convenient access to the site, and applicant shall install all required improvements and provide
adequate sight distance in order to provide safe and convenient access.
e. Special events operations. In addition to all other applicable requirements of this chapter, special
events operations shall be subject to the following:
1. Number of participants. The number of participants at a special event at any one time shall not
exceed one hundred fifty (150) persons
2. Number of special events per year. The special use permit shall identify the number of
approved special events per calendar year, which number shall not exceed twenty -four (24).
3. Signs. Permanent and temporary signs advertising a special event shall be permitted as
provided in sections 4.15.4, 4.15.4A and 4.15.8.
4. Food service. No kitchen facility permitted by the Virginia Department of Health as a
commercial kitchen shall be allowed on the site. A kitchen may be used by licensed caterers for
the handling, warming and distribution of food, but not for cooking food, to be served at a
special event.
5. Portable toilets. If required, portable toilets are permitted on the site, provided that they comply
with the yard requirements in section 5.1.43(d)(2) and shall be screened from that parcel and
any street by topography, structures or new or existing landscaping.
f. Prohibition of development to a more intensive use. A parcel subject to a special events special use
permit shall not be subdivided so as to create one or more parcels, including the parent parcel, of less
than twenty-one acres in size without first amending the special use permit to expressly authorize the
subdivision. If a parcel is so subdivided without first amending the special use permit, special events
shall thereafter be prohibited on the resulting parcels unless a new special use permit is obtained.
(Ord. 05-18(8), 7-13-05)
Sec. 5.1.44 Farm worker housing
Each farm worker housing facility shall be subject to the following:
a. Concept plan to be submitted with application for farm worker housing. Before applying for the first
building permit for a farm worker housing, Class A, facility, or in addition to any other information
required to be submitted for a farm worker housing, Class B, special use permit, the applicant shall
submit a concept plan meeting the requirements of section 5.1.44(b).
b. Contents of concept plan. The concept plan shall show the following: (i) the bou ndary lines of the farm
(may be shown on an inset map if necessary); (ii) the location and general layout of the proposed
38
structures at a scale of not more than one (1) inch equals forty (40) feet; (iii) vehicular access,
travelways and parking for the facility; (iv) topography (with a contour interval of no greater than ten (10)
feet); (v) critical slopes; (vi) streams, stream buffers and floodplains; (vii) source(s) of water for fire
suppression; (viii) building setback lines as provided in subsection 5.1.44(g) below; and (ix) outdoor
lighting. The concept plan also shall include a written description of each structure’s construction and
materials used, and the number of persons to be housed in the farm worker housing facility.
c. Notice of receipt of concept plan to abutting owners. The zoning administrator shall send notice of the
receipt of a concept plan as follows:
1. Farm worker housing, Class A, facility: For each concept plan received for a farm worker
housing, Class A, facility, the zoning administrator shall send notice to the owner of each lot
abutting the parcel for which a concept plan has been received within ten (10) days after
submittal of the concept plan deemed by the zoning administrator to be complete. The notice
shall include a copy of the concept plan and shall advise each recipient of the right to submit
written comments within ten (10) days of the date of the notice and the right to request planning
commission review as provided in section 5.1.44(d). Notice mailed to the abutt ing owner 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. The failure of an abutting owner to receive the notice required by this
section shall not affect the validity of an approved concept plan or zoning clearance.
2. Farm worker housing, Class B, facility: For each concept plan received for a farm worker
housing, Class B, facility, notice to the owner of each lot abutting the parcel for which a concept
plan has been received shall be provided in conjunction with the notice required for the special
use permit.
d. Review and action on concept plan. A concept plan shall be reviewed and acted upon as follows:
1. Farm worker housing, Class A, facility. For a farm worker housing, Class A, facility, the concept
plan shall be approved by the zoning administrator before any building permit is issued for the
facility. The concept plan shall be approved by the zoning administrator if it satisfies all
applicable requirements of this chapter.
2. Farm worker housing, Class B, facility. For a farm worker housing, Class B, facility, the concept
plan shall be reviewed and acted upon in conjunc tion with the special use permit.
e. Farm worker housing facilities; permissible structures. Farm worker housing facilities shall not use
motor vehicles or major recreational equipment, as that term is defined in section 4.12.3(b)(1) of this
chapter, to provide for sleeping, eating, food preparation, or sanitation (bathing and/or toilets).
f. Minimum yards. Notwithstanding any other provision of this chapter, the minimum front yard shall be
seventy-five (75) feet. The minimum side and rear yards shall be fifty (50) feet. All yards shall be
measured from the farm worker housing structures.
g. Zoning clearance. The owner shall obtain a zoning clearance from the zoning administrator as provided
in section 31.5 of this chapter before a farm worker housing facility is occupied, subject to the following
additional requirements:
1. The applicant shall apply for a zoning clearance at least thirty (30) days prior to the first
expected occupation of the farm worker housing facility. The application shall be submitted to
the zoning administrator.
2. The zoning clearance application shall include all of the following information:
a. Written approval of the farm worker housing facility as a migrant labor camp under 12
VAC 5-501-10 et seq., the food preparation area, the private water supply, and the
onsite sewage system by the Virginia Department of Health.
b. Approval of the access to the site from a public street by the Virginia Department of
Transportation; provided that nothing herein shall be deemed to requi re that a
39
commercial entrance be constructed unless such an entrance is required by the Virginia
Department of Transportation.
c. Written approval of the adequacy of the access to the site for emergency vehicles by
the fire marshal.
d. Written approval of the adequacy of the structures intended for human habitation by the
building official.
3. Upon the zoning administrator’s determination that all requirements of the zoning ordinance are
satisfied, that all conditions of the special use permit authorizi ng a farm worker housing, Class
B, facility, are satisfied, and upon receipt of the approvals and documents required in section
5.1.44(g)(2), the zoning administrator shall issue a zoning clearance for the facility.
h. Use of farm worker housing facility by workers and their families only. A farm worker housing facility
shall be occupied only by persons employed to work on the farm on which the structures are located for
seasonal agriculture work and their immediate families as provided herein. For purpo ses of this section
5.1.44, the term “immediate families” means the natural or legally defined off -spring, grandchild,
grandparent, or parent of the farm worker.
i. Use of farm worker housing facility when not occupied. When not occupied by seasonal farm workers,
farm worker housing facilities may be used for any use accessory to a primary agriculture use.
(Ord. 06-18(2), 12-13-06)
Article III. District Regulations
Sec. 10.5.2 Where permitted by special use permit
The board of supervisors may issue a special use permit for more lots than the total number permitted under
sections 10.3.1 and 10.3.2; provided that no such permit shall be issued for property within the boundaries for
the watershed of any public water supply reservoir, and further provi ded that no such permit shall be issued to
allow more development lots within a proposed rural preservation development than that permitted by right
under section 10.3.3.3(b). (Added 11-8-89; Amended 5-5-04 effective 7-1-04)
The board of supervisors shall determine that such division is compatible with the neighborhood as set forth in
section 31.6.1 of this chapter, with consideration of the goals and objectives of the comprehensive plan relating
to rural areas including the type of division proposed and, specifically, with consideration of the following:
(Amended 11-8-89)
1. The size, shape, topography and existing vegetation of the property in relation to its suitability for
agricultural or forestal production as evaluated by the United States Departm ent of Agriculture Natural
Resources Conservation Service or the Virginia Department of Forestry.
2. The actual suitability of the soil for agricultural or forestal production as the same is shown on the most
recent published maps of the United States Department of Agriculture Natural Resources Conservation
Service or other source deemed of equivalent reliability by the Natural Resources Conservation Service.
3. The historic commercial agricultural or forestal uses of the property since 1950, to the extent that is
reasonably available.
4. If located in an agricultural or forestal area, the probable effect of the proposed development on the
character of the area. For the purposes of this section, a property shall be deemed to be in an
agricultural or forestal area if fifty (50) percent or more of the land within one (1) mile of the border of
such property has been in commercial agricultural or forestal use within five (5) years of the date of the
application for special use permit. In making this determination, mountain ridges, major streams and
other physical barriers which detract from the cohesiveness of an area shall be considered.
5. The relationship of the property in regard to developed rural areas. For the purposes of this section, a
property shall be deemed to be located in a developed rural area if fifty (50) percent or more of the land
within one (1) mile of the boundary of such property was in parcels of record of five (5) acres or less on
40
the adoption date of this ordinance. In making this determination, mountain ridges, major streams and
other physical barriers which detract from the cohesiveness of an area shall be considered.
6. The relationship of the proposed development to existing and proposed population centers, services
and employment centers. A property within areas described below shall be deemed in proximity to the
area or use described:
a. Within one mile roadway distance of the urban area boundary as described in the
comprehensive plan; (Amended 11-8-89)
b. Within one-half mile roadway distance of a community boundary as described in the
comprehensive plan; (Amended 11-8-89)
c. Within one-half mile roadway distance of a village as described in the comprehensive plan.
(Amended 11-8-89)
7. The probable effect of the proposed development on capital improvements programming in regard to
increased provision of services.
8. The traffic generated from the proposed development would not, in the opinion of the Virginia
Department of Transportation: (Amended 11-8-89)
a. Occasion the need for road improvement;
b. Cause a tolerable road to become a nontolerable road;
c. Increase traffic on an existing nontolerable road.
(§ 20-10.5.2.1, 12-10-80; 11-8-89; §18-10.5.2.1, Ord. 98-A(1), 8-5-98; Ord. 04-18(1), 5-5-04 effective 7-1-04)
41
ATTACHMENT 14
ORDINANCE NO. 12-14(1)
AN ORDINANCE TO AMEND CHAPTER 14, SUBDIVISION OF LAND, ARTICLE I, GENERAL PROVISIONS,
ARTICLE III, SUBDIVISION PLAT REQUIREMENTS AND DOCUMENTS TO BE SUBMITTED, AND ARTICLE
IV, ON-SITE IMPROVEMENTS AND DESIGN, 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, Article I, General Provisions, Article III, Subdivision Plat Requirements and Documents to
be Submitted, and Article IV, On-site Improvements and Design, of the Code of the County of Albemarle,
Virginia, are hereby amended and reordained as follows:
By Amending:
Sec. 14-106 Definitions
Sec. 14-309 Soil evaluations
By Amending and Renaming:
Sec. 14-310 Health director approval of individual private wells and/or septic systems
Sec. 14-415 Central water supplies and sewerage systems
Sec. 14-416 Individual private wells and septic systems
Chapter 14. Subdivision of Land
Article I. General Provisions
Sec. 14-106 Definitions
The following definitions shall apply in the interpretation and enforcement of this chapter:
. . .
Alternative onsite sewage system. The term “alternative onsite sewage system” means a treatment works
approved by the Virginia Department of Health that is not a conventional onsite sewage system and does not
result in a point source discharge.
. . .
Conventional onsite sewage system. The term “conventional onsite sewage system” means a treatment works
approved by the Virginia Department of Health consisting of one or more septic tanks with gravity, pumped, or
siphoned conveyance to a gravity distributed subsurface drainfield.
. . .
Onsite sewage system. The term “onsite sewage system” means a conventional onsite sewage system or an
alternative onsite sewage system.
. . .
Subsurface drainfield. The term “subsurface drainfield” means a system installed within the soil and designed to
accommodate treated sewage from a treatment works.
. . .
Treatment works. The term “treatment works” means any device or system used in the storage, treatment,
disposal or reclamation of sewage or combinations of sewage and industrial wastes, including but not limited to
pumping, power and other equipment and appurtenances, septic tanks, and any works, including land, that are
or will be (i) an integral part of the treatment process or (ii) used for ultimate disposal of residues or effluents
resulting from such treatment.
Article III. Subdivision Plat Requirements and Documents to be Submitted
Division 2. Documents and Information to be Submitted with Preliminary or Final Plat
Sec. 14-309 Soil evaluations.
42
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 subsurface drainfields, if conventional
onsite sewage 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; Ord. 05-14(1), 4-20-05, effective 6-20-05)
State law reference--Va. Code §§ 15.2-2241(3), 15.2-2262.
Sec. 14-310 Health director approval of individual private wells and/or onsite sewage 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 t he
agent. A final plat shall not be approved if onsite sewage systems are proposed for the subdivision until written
approval has been received from the health director by the agent, provided further that if the subdivision will be
served by conventional onsite sewage systems:
A. The health director shall determine the suitability of the soil of each lot of the subdivision for
which conventional onsite sewage systems 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 conventional
onsite sewage systems that individual lots be graded and drained so as to assure the effective removal of
surface water from each lot.
C. Special lots shall not be subject to this section unless the special lot is created for a water
supply or waste disposal purpose.
(Ord. 98-A(1), 8-5-98; Ord. 05-14(1), 4-20-05, effective 6-20-05; Ord. 11-14(1), 6-1-11)
State law reference--Va. Code §§ 15.2-2242(2), 15.2-2262.
Article IV. On-Site Improvements and Design
Division 3. Water, Sewers and Other Improvements
Sec. 14-415 Central water supplies and sewerage systems.
A subdivision for which public water and/or sanitary sewerage service is not reasonably 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 chapter 16 of the Code, as follows:
A. 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.
B. Neither a central water system nor a central sewerage system shall be r equired 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.
C. No final plat for a subdivision served by a central water system and/or a central sewerage
system shall be approved until the requirements 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; Ord. 05-14(1), 4-20-05, effective 6-20-05)
State law reference--Va. Code § 15.2-2241(4).
Sec. 14-416 Individual private wells and onsite sewage systems.
43
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 onsite sewage systems, or both,
and shall meet all requirements of the health department and be approved by the health director.
(§ 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; Ord. 05-14(1), 4-20-05, effective 6-20-05)
State law reference--Va. Code § 15.2-2241(3).
44
ATTACHMENT 15
RESOLUTION TO APPROVE AMENDMENTS TO
THE ECONOMIC DEVELOPMENT AUTHORITY OF
ALBEMARLE COUNTY, VIRGINIA RULES AND PROCEDURES
WHEREAS, the Economic Development Authority of Albemarle County, Virginia (EDA) has proposed
amendments to its Rules and Procedures; and
WHEREAS, the Board finds such amendments are appropriate to support the econ omic vitality
initiatives of the County.
NOW, THEREFORE, BE IT RESOLVED that the Albemarle County Board of Supervisors hereby
approves the following amendments to the EDA’s Rules and Procedures:
1. Amending subsection 4.3(a) regarding an annual administrative fee for bonds, as follows:
4.3(a). Administrative Fees. If the Authority issues bonds for the benefit of the applicant, the
financing documents shall include a requirement that the applicant pay the Authority an annual
administrative fee of $1,000.00 per $1,000,000.00 of bonds issues, or prorate portion thereof, upon
the issuance of bonds and annually thereafter on the anniversary date of the issuance of bonds until
the bonds are paid in full. The annual administrative fee shall only be applicable to the first
$40,000,000.00 of bonds issues. Except in the case of a refunding, the filing fee shall be applied as
a credit against the first annual fee at closing. This section shall expire on June 30, 2015.
2. Adding a new subsection 4.3(c) regarding expenditure of funds, as follows:
4.3(c). Expenditures of Funds. The EDA will expend funds that it receives only to support
economic development initiatives that benefit Albemarle County as determined by agreement
between the Authority and the Board of Supervisors of Albemarle County. All such initiatives shall
be developed in consultation with the County Executive, or its designee. The Albemarle County
staff will provide support in the administration of the expenditure of such funds by the Authority.
3. Amending paragraph 3 of the section titled Notes to Application regarding application fees, as
follows:
3. A $500.00 application fee for issues less than $25.0 million or a $1,000.00 application fee for
issues $25.0 million or greater, made payable to the County of Albemarle, should be submitted to
the Authority’s administrative agency, the County of Albemarle, with the application or at the time
the application is considered.