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ACTIONS
Board of Supervisors Meeting of November 14, 2012
November 15, 2012
AGENDA ITEM/ACTION
ASSIGNMENT
1. Call to Order.
Meeting was called to order at 4:43 p.m. by the
Chair, Ms. Mallek. All BOS members were
present (Mr. Dumler arrived during closed
meeting). Also present were Tom Foley, Larry
Davis and Travis Morris.
2. Closed Meeting.
At 4:43 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 the Albemarle-Charlottesville
Regional Jail Authority and the Police Department
Citizens Advisory Committee; and under
subsection (7) to consult with legal counsel and
staff regarding specific legal matters requiring legal
advice relating to the negotiation of an agreement
for implementing a cooperative cost recovery
program for emergency service transports.
3. Certify Closed Meeting.
At 6:00 p.m., the Board reconvened into open
meeting and certified the closed meeting.
6. Adoption of Final Agenda.
ADDED VACo Conference report.
ACCEPTED final agenda.
7. Brief Announcements by Board Members.
Duane Snow:
Announced that the County received the VACo
Go Green Award.
Rodney Thomas:
Asked for Board members support in talking to
Thelma Drake, Director, Virginia Department of
Rail and Transportation about public
transportation funding.
Gave report on the VACo Transportation
Steering Committee meeting.
Ann Mallek:
Announced that the VDoT public hearing for
the Best Buy ramp ‘U.S. 29 (Emmett Street)/
U.S. 250 Bypass Interchange’ will be Tuesday,
November 27, 2012 from 4:30 p.m., to 6:30
p.m., at the Holiday Inn on Emmett Street.
Announced that VADACS had completed its
investigation of the spraying of herbicides in
Sugar Hollow and found that there were no
problems.
Announced that Virginia Ginger Bread
Christmas is coming and that applications are
due by December 5, 2012 and anyone
interested can find more information at
http://www.virginiagingerbreadchristmas.com/ .
8. Recognitions:
a. 2011 Clean Farm Award, Dave Norford of
Piedmont Manor in Albemarle County.
Chair read and presented resolution to
(Attachment 1)
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Dave Norford of Piedmont Manor.
Mr. Irvin White presented Piedmont Manor
with the 2011 Clean Farm Award.
9. From the Public: Matters Not Listed for Public
Hearing on the Agenda.
Art Beltrone asked the Board to carefully
review the minutes of the Planning
Commission meeting on Castle Hill.
Judith Sommer presented a statement on
Rural Agricultural Zoning in Albemarle County.
Keith Hawkins spoke on Castle Hill Cidery.
Nancy Carpenter spoke on public
transportation and the lack of affordable
housing in the County.
Jeff Werner, on behalf of the Piedmont
Environmental Council, expressed opposition
to the Planning Commissions’ decision on the
Police Firing Range site plan approval.
Ron Mallory spoke in opposition to the Open
Burning Ordinance.
Charles Battig made a presentation entitled
“Planning Away Private Property Rights, Part 2
‘Natural Resources’”.
10.2
Road Improvement Priorities for Virginia’s Working
Draft FY 2012-2019 Six Year Improvements
Program (SYIP) (deferred from November 7,
2012).
PULLED to discuss at the end of the agenda.
10.3 Brownfield Assessment EPA Grant Application.
SUPPORTED the TJPDC’s grant application
and AUTHORIZED the Board Chair to sign a
letter of support on behalf of the Board.
Clerk: After Chair’s signature forward letter to
TJPDC.
10.4 Crozet Avenue North – “Safe Routes to School”
Sidewalk and Crossing Improvements.
APPROVED right-of-way and easement
purchase on property indentified as TMP 56B-
56 at the agreed price of $3,179, and
AUTHORIZED the County Executive to sign in
a form approved by the County Attorney all
documents necessary for the purchase of the
property and the recordation of the Deed.
County Attorney: Provide Clerk with fully
executed copy of Deed. (Attachment 2)
11. SP-2012-00024. Verizon Wireless Va. Dept. of
Forestry "Buckingham Circle" Tier III Personal
Wireless Service Facility (Signs #115&116).
By a vote of 4:2 (Rooker,Mallek), APPROVED
SP-2012-00024 subject to the conditions as
presented and APPROVED the special
exceptions for modifications to Sections
5.1.40(c)(3),(d)(6) and (d)(7).
Clerk: Set out conditions of approval.
(Attachment 3)
12. SP-2012-00025. Verizon Wireless – Piedmont
College – Tier III PWSF (Sign #120).
By a vote of 6:0, APPROVED SP-2012-00025
subject to the conditions as recommended and
APPROVED the special exception for
modification of Section 5.1.40(d)(6) to allow the
facility at fourteen (14) feet above the tallest
tree.
Clerk: Set out condition of approval.
(Attachment 4)
13. SP-2011-00002. Castle Hill Cider; SP-2012-
00018. Castle Hill Cider Pond & SP-2012-00019.
Castle Hill Cider Stream Crossing (Signs
Clerk: Readvertise and schedule on agenda.
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#30&32).
By a vote of 6:0, at the request of the applicant
DEFERRED SP-2011-00002 to January 16,
2013 meeting.
14. Pb. Hrg: Ordinance to amend Open Burning.
By a vote of 5:1 (Boyd), SUPPORTED the
proposed amendment and DIRECTED staff to
submit it to the Air Pollution Control Board for
approval.
County Attorney: Proceed as directed.
(Attachment 5)
15. From the Board: Committee Reports and Matters
Not Listed on the Agenda.
Duane Snow:
Provided report on the VACo Annual
Conference, and announced that devolution is
off of the table.
Provided report on VACo’s session regarding
broadband and asked staff to investigate the
different areas where money is available to see
if the money can be accessed.
Provided update on VACorp’s financial status.
Ann Mallek:
Expressed concerns about agricultural
“entertainment” and whether production is
becoming secondary to the entertainment.
Asked if farm winery legislation has any
interest in production or if the County has the
ability to say that the use must have a greater
production in the agricultural investment than in
entertainment.
Asked if the non-profit status of an organization
can be readdressed if the business model of
the organization changes.
Consent Agenda Item 8.2, by a vote of 6:0
APPROVED the County’s recommended
priorities for FY 2014-2019 SYIP.
County Executive’s office: Proceed as directed.
County Attorney: Provide response.
County Attorney: Provide response.
David Benish: Proceed as approved.
(Attachment 6)
16. From the County Executive: Report on Matters
Not Listed on the Agenda.
Announced that the Board has been forwarded
an update on previous transportation issues.
17. Adjourn to November 28, 2012, Room 241, 12:00
noon, Annual Legislative Luncheon.
At 8:44 p.m., the Board adjourned until
November 28, 2012.
ewj/tom
Attachment 1 – Resolution recognizing Piedmont Manor
Attachment 2 – Crozet Avenue North - Easement Purchase Deed
Attachment 3 – Condition of Approval SP-2012-00024
Attachment 4 – Condition of Approval SP-2012-00025
Attachment 5 – Amended Open Burning Ordinance
Attachment 6 – SYIP Priorities
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ATTACHMENT 1
RESOLUTION
In Recognition of Piedmont Manor For
Outstanding Farm Conservation Management Practices
WHEREAS, the Thomas Jefferson Soil and Water Conservation District serves this community
through programs and activities that enhance water quality of our surface and ground waters, while
conserving and protecting our natural resources; and
WHEREAS, in cooperation with the Virginia Department of Conservation and Recreation, farmers
who demonstrate outstanding management practices which conserve our precious natural resources are
selected and recognized through the Clean Water Farm Award Program; and
WHEREAS, the Thomas Jefferson Soil and Water Conservation District selected Piedmont Manor
as the Clean Water Farm Award Program recipient of Albemarle County for 2011;
WHEREAS, Piedmont Manor demonstrates a commitment to the conservation of the natural
resources on its’ farm through:
establishing two wildlife plots totaling 3.5 acres and plans to plant warm season grasses in its
riparian buffer areas;
using natural fertilizer, spot spraying, and rotational grazing;
completely fencing all the waterways on 600 acres of pasture;
running a management intensive rotational grazing system with 25 paddocks and 20 automatic
watering troughs;
protecting 2.6 miles of stream, home to the endangered James Spinymussel, and preserving
33 acres of riparian land; and
managing 2,000 acres of woods on the western slope of the Southwestern Mountain range
with both a forestry and wildlife plan.
NOW, THEREFORE, BE IT RESOLVED by the Albemarle County Board of Supervisors, that
Piedmont Manor is hereby commended for its’ commitment to protecting and enhancing waters that flow
beyond farm boundaries and for the conservation ethic demonstrated through farm management practices.
Signed and sealed this 14th day of November, 2012.
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ATTACHMENT 2
This document was prepared by:
Albemarle County Attorney
County of Albemarle
401 McIntire Road
Charlottesville, Virginia 22902
Tax Map and Parcel Number 056B0-00-00-05600
This deed is exempt from taxation under Virginia Code § 58.1-811(A)(3) and from Clerk’s fees under Virginia Code § 17.1-266.
DEED OF DEDICATION
THIS DEED OF DEDICATION is made this 18th day of October, 2012 by and between AGNEW E.
MORRIS, JR. and DELOIS S. MORRIS, husband and wife, Grantors, and the COUNTY OF ALBEMARLE,
VIRGINIA, a political subdivision of the Comm onwealth of Virginia, Grantee.
WITNESSETH:
WHEREAS, the Grantors are the owners of that certain real property (hereinafter the “Property”)
located in Albemarle County, Virginia, more particularly described as that certain lot or parcel of land
situated in the White Hall Magisterial District of the County of Albemarle, Virginia, designated as Lot 56, on
the plat of Section One of Laurel Hills Subdivision recorded in the Clerk’s Office of the Circuit Court of
Albemarle County, Virginia in Deed Book 334, Page 195, also being the same property conveyed to the
Grantors herein by deed of Frank H. Allen and Dallas A. Allen, husband and wife, recorded in said Clerk’s
Office in Deed Book 496, Page 529; and
WHEREAS, it is the desire and intent of the Grantors to dedicate, grant and convey the following
portion of the Property in fee simple for public use, namely, a public right-of-way and other public purposes:
That certain real property shown and designated as “Permanent Right of Way Acquisition Area” to
be dedicated to public use, shown on the plat of Lincoln Surveying, dated May 3, 2012, last revised
October 2, 2012, entitled “Plat Showing Various Easements and a Permanent Right of Way
Acquisition Area Across Tax Map 56B Parcel 56 Located on Ballard Drive Whit e Hall District
Albemarle County Virginia,” a copy of which is attached hereto to be recorded with this deed
(hereinafter, the “Right of Way” and the “Plat”). Reference is made to the Plat for a more particular
description of the fee simple interest conveyed herein.
WHEREAS, it is the further desire and intent of the Grantors to dedicate, grant and convey a
permanent drainage easement (hereinafter, the “Easement”) over that certain real property shown and
designated on the aforesaid Plat as “Permanent Drainage Easement” for public use in accordance with this
Deed of Dedication.
WHEREAS, it is the desire and intent of the Grantors to dedicate, grant and convey all rights, title
and interest in all ditches, pipes and other improvements and appurtenances with in the Easement
established for the purpose of conveying stormwater (hereinafter collectively referred to as the
“Improvements,” whether referring to existing Improvements or those to be established in the future by the
Grantee), excluding building connection lines.
WHEREAS, the Grantee is willing to accept the Grantors’ offers of dedication.
NOW THEREFORE, in consideration of the mutual promises, the Grantors hereby grant, convey,
and dedicate for public use to the Grantee, its successors and assigns, with GENERAL WARRANTY and
ENGLISH COVENANTS OF TITLE, the above-described Right of Way in fee simple.
FURTHER, pursuant to the consideration described herein, the Grantors do hereby grant, convey,
and dedicate to public use with GENERAL WARRANTY and ENGLISH COVENANTS OF TITLE unto the
Grantee, its successors and assigns, the Permanent Drainage Easement shown on the Plat and as referred
to herein as the Easement.
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FURTHER, pursuant to the consideration described herein, the Grantors do hereby grant, convey ,
and dedicate to public use the Improvements.
Temporary Construction Easements
The Grantors also grant and convey to the Grantee the temporary construction easements shown
on the aforesaid Plat as “Temporary Grading and Construction Easement,” contai ning 0.012 and 0.011
acres, respectively , more or less, for use by the Grantee’s contractor during construction of improvements.
The improvements constructed within the Right of Way and Permanent Drainage Easement shall be the
property of the Grantee.
The Grantee will use its best efforts to minimize all disruptions to Grantors' enjoyment of the
Property. Grantee agrees to exercises its rights under these Easements in a manner which does not
adversely impact the buildings and improvements situated on the Property, or the vehicular and pedestrian
access of Grantors to the Property.
These Temporary Construction Easements shall terminate on the earlier of completion of
construction; or abandonment of the Easements by Grantee.
Permanent Drainage Easement
The Permanent Drainage Easement shall be subject to the following:
1. Right to construct, reconstruct, install, maintain, repair, change, alter and replace the
Improvements. The Grantee shall have the right to construct, reconstruct, install, maintain,
repair, change, alter, and replace present or future Improvements (hereinafter referred to
as “inspecting, maintaining and operating” or derivations thereof) for the purposes of
collecting storm water and transmitting it through and across the property, protec ting
property from flooding, protecting water quality, and otherwise controlling stormwater
runoff.
2. Ownership of the Improvements. All Improvements within the Easement, whether they
were installed by the Grantee or any predecessor in interest, shall be a nd remain the
property of the Grantee.
3. Right of ingress and egress. The Grantee shall have the right and easement of ingress and
egress over any lands of the Grantors adjacent to the Easement between any public or
private roads and the Easement, to inspect, maintain and operate the Improvements.
4. Right to inspect, maintain and operate the Improvements . The Grantee may enter the
Easement to inspect, maintain and operate the Improvements.
5. Right of Grantee to disturb and maintain the Easement premises . The Grantee shall have
the right within the Easement to trim, cut or remove any trees, brush or shrubbery, remove
fences, structures or other obstructions, and take other similar action reasonably necessary
to provide adequate and fully functioning Improvem ents; provided, however, that the
Grantee, at its own expense, shall restore as nearly as possible, the premises to their
original condition. This restoration shall include the backfilling of trenches, the replacement
of fences and shrubbery, the reseeding or resodding of lawns or pasture areas, and the
repair or replacement of structures and other facilities located outside of the Easement that
were damaged or destroyed by the Grantee. However, the Grantee shall not be required to
repair or replace any structures, trees, or other facilities located within the Easement, but
be required only to repair or replace groundcover within the Easement that was disturbed,
damaged or removed as a result of installing or maintaining any of the Improvements. In
addition, the Grantee shall remove from the Easement all trash and other debris resulting
from the installation, maintenance or operation of an Improvement, and shall restore the
surface thereof to its original condition as nearly as reasonably possible. Notwit hstanding
the foregoing, the Grantee shall not be required to repair or replace anything identified in
this paragraph if to do so would be inconsistent with the proper maintenance or operation of
the Improvements. In addition, neither the Grantee nor any other public agency, including
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the Virginia Department of Transportation, shall be responsible for conducting routine
maintenance as described in paragraph 6 except as expressly provided in this paragraph.
6. Right of Grantors to maintain the Easement premises. The Grantors shall have the right to
perform routine maintenance of the Easement premises, including the removal of trash and
landscaping debris, mowing and manicuring lawns and groundcovers, and making any
other aesthetic improvements desired by the Grantors that are not inconsistent with the
rights herein conveyed, and which do not adversely affect the proper operation of any
Improvement. The right to maintain the Easement premises does not include the right to
maintain the Improvements.
7. Temporary construction easement. The Grantee shall have a temporary construction
easement on the lot on which the Easement is located in order to construct, install,
maintain, repair, change, alter, or replace an Improvement. This temporary construction
easement shall expire upon completion of the work.
8. Exclusivity; restrictions. The Easement conveyed herein is an exclusive easement.
Neither the Grantors nor any person acting under the Grantors’ express or implied consent
shall modify, alter, reconstruct, interfere with, disturb or otherwise change in any way the
land within the Easement or any Improvement located within the Easement; and further
provided that such persons shall not construct or maintain any roadway, or erect any
building, fence, retaining wall or other structure within the Easement.
9. Grantee’s right to assign. The Grantee shall have the right to assign this Easement as its
interests may require.
10. Binding effect. The Easement and the rights and obligations established herein shall run
with the land in perpetuity, and shall be binding upon the Grantors, the Grantee, and their
successors and assigns. All references herein to the “Grantors” and the “Grantee” include
their respective successors and assigns. All references to the “Grantee,” when exercising
any right or obligation herein, includes the Grantee’s officers, employees and agents.
Consent of trustees and beneficiaries to subordinate liens.
a. By deed of trust dated November 19, 2003 and recorded November 24, 2003 in the Office
of the Clerk of the Albemarle County Circuit Court in Deed Book 2644, page 700, the
Grantors conveyed the subject Property to BB&T -VA Collateral Service Corporation,
Trustee, to secure outstanding obligations owed to Branch Banking and Trust Company of
Virginia, Beneficiary. Pursuant to the authorization of Branch Banking and Trust Company,
successor by merger to the Beneficiary, as evidenced by its signature hereto, the Trustee
joins in this deed to subordinate the lien of such deed of trust to the property interests
conveyed hereby.
b. By deed of trust dated March 30, 2009 and recorded April 16, 2009 in the Office of the
Clerk of the Albemarle County Circuit Court in Deed Book 3719, page 490, the Grantors
conveyed the subject Property to BB&T-VA Collateral Service Corporation, Trustee, to
secure outstanding obligations owed to Branch Banking and Trust Company, Beneficiary.
Pursuant to the authorization of the Beneficiary, as evidenced by its signature hereto, the
Trustee joins in this deed to subordinate the lien of such deed of trust to the property
interests conveyed hereby.
The Grantee, acting by and through its County Executive, duly authorized by resolution adopted by
the Board of Supervisors of the County of Albemarle, Virginia, accepts the conveyance of this property
pursuant to Virginia Code § 15.2-1803, as evidenced by the County Executive’s signature hereto and the
recordation of this Deed.
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ATTACHMENT 3
SP-2012-00024. Verizon Wireless Va. Dept. of Forestry "Buckingham Circle" Tier III Personal
Wireless Service Facility (Signs #115t).
1. Development and use shall be in general accord with what is described in the applicant's request
and site plans, entitled “Buckingham Circle Rawland Monopine,” with a final zoning drawing
submittal date of 9/25/12 (hereafter “Conceptual Plan”), as determined by the Director of Planning
and 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:
a. Height
b. Mounting height
c. Antenna type
d. Number of antenna
e. Color
f. Location of ground equipment
Minor modifications to the plan which do not conflict with the elements above may be m ade to
ensure compliance with the Zoning Ordinance.
2. The trunk of the tower shall be covered with branches to make the trunk not visible from any point
on the property beyond the existing tree line, to the extent practicable.
Special exceptions for modifications:
1. Section 5.1.40(c)(3)-no antenna to project more than 12 inches from a structure (permits T -mounts)
2. Section 5.1.40(d)(6)-height of the structure in relation to the reference tree (permits top of monopine
@ 47’ taller than surrounding trees)
3. Section 5.1.40(d)(7)-request for equipment attached to the structure to be a color matching the
structure (permits java brown trunk, antenna arrays and limbs with artificial green pine needles)
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ATTACHMENT 4
SP-2012-00025. Verizon Wireless – Piedmont College – Tier III PWSF (Sign #120).
1. Development and use shall be in general accord with the conceptual plan titled “Piedmont College
Rawland Monopole (University of VA Real Estate Foundation Property) prepared by Justin Yoon
latest revision date 9/25/12 (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 elements within the development essent ial to
the design of the development, as shown on the Conceptual Plan:
a. Height
b. Mounting type
c. Antenna type
d. Number of antenna
e. Distance above reference tree
f. Color
g. Location of ground equipment and monopole
Minor modifications to the plan which do not conflict with the elements above may be made to
ensure compliance with the Zoning Ordinance.
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ATTACHMENT 5
ORDINANCE NO. 12-6(1)
AN ORDINANCE TO AMEND CHAPTER 6, FIRE PROTECTION, ARTICLE IV, BURNING OF BRUSH,
ETC., 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 6, Fire
Protection, Article IV, Burning of Brush, etc., is hereby amended and reordained as follows:
By Amending:
Sec. 6-403 Definitions
Sec. 6-404 Prohibitions on open burning
Sec. 6-406 Permissible open burning
Sec. 6-407 Permits
Chapter 6. Fire Protection
Article IV. Burning of Brush, etc.
. . .
Sec. 6-403 Definitions.
For the purpose of this article and subsequent amendments or any orders issued by Albemarle
County, the words or phrases shall have the meaning given them in this section.
(1) Automobile graveyard. The term “automobile graveyard” means any lot or place which is
exposed to the weather and upon which more than five motor vehicles of any kind, incapable of being
operated, and which it would not be economically practical to make operative, are placed, located or found.
(2) Built-up area. The term “built-up area” means any area with a substantial portion covered by
industrial, commercial or residential buildings.
(3) Clean burning waste. The term “clean burning waste” means waste that is not prohibited to be
burned under this ordinance and that consists of only (i) 100% wood waste, (ii) 100% clean lumber or clean
wood, (iii) 100% yard waste, or (iv) 100% mixture of only any combination of wood waste, clean lumber,
clean wood or yard waste.
(4) Clean lumber. The term “clean lumber” means wood or wood products that have been cut or
shaped and includes wet, air-dried, and kiln-dried wood products. Clean lumber does not include wood
products that have been painted, pigment-stained, or pressure-treated by compounds such as chromate
copper arsenate, pentachlorophenol, and creosote.
(5) Clean wood. The term “clean wood” means uncontaminated natural or untreated wood. Clean
wood includes, but is not limited to, byproducts of harvesting activities conducted for forest management or
commercial logging, or mill residues consisting of bark, chips, edgings, sawdust, shavings or slabs . It does
not include wood that has been treated, adulterated, or chemically changed in some way; treated with
glues, binders or resins; or painted, stained or coated.
(6) Commercial waste. The term “commercial waste” means all solid waste generated b y
establishments engaged in business operations other than manufacturing or construction. This category
includes, but is not limited to, waste resulting from the operation of stores, markets, office buildings,
restaurants and shopping centers.
(7) Construction waste. The term “construction waste” means solid waste which is produced or
generated during construction, remodeling, or repair of pavements, houses, commercial buildings and other
structures. Construction waste consists of lumber, wire, sheetr ock, broken brick, shingles, glass, pipes,
concrete, and metal and plastics if the metal or plastics are a part of the materials of construction or empty
containers for such materials. Paints, coatings, solvents, asbestos, any liquid, compressed gases or semi-
liquids, and garbage are not construction wastes and the disposal of such materials shall be in accordance
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with the regulations of the Virginia Waste Management Board.
(8) Debris waste. The term “debris waste” means wastes resulting from land clearing operations.
Debris wastes include but are not limited to stumps, wood, brush, leaves, soil and road spoils.
(9) Demolition waste. The term “demolition waste” means that solid waste that is produced by the
destruction of structures, or their foundations, or both, and includes the same materials as construction
waste.
(10) Garbage. The term “garbage” means readily putrescible discarded materials composed of
animal, vegetable or other organic matter.
(11) Hazardous waste. The term “hazardous waste” means a “hazardous waste” as described in 9
VAC 20-60 (Hazardous Waste Management Regulations).
(12) Household waste . The term “household waste” means any waste material, including
garbage, trash and refuse derived from households. For purpos es of this regulation, households include
single and multiple residences, hotels and motels, bunkhouses, ranger stations, crew quarters,
campgrounds, picnic grounds and day-use recreation areas. Household wastes do not include sanitary
waste in septic tanks (septage) that is regulated by other state agencies.
(13) Industrial waste. The term “industrial waste” means any solid waste generated by
manufacturing or industrial process that is not a regulated hazardous waste. Such waste may include, but
is not limited to waste resulting from the following manufacturing processes: electric power generation;
fertilizer/agricultural chemicals; food and related products/byproducts; inorganic chemicals; iron and steel
manufacturing; leather and leather products; nonferrous metals manufacturing/foundries; organic
chemicals; plastics and resins manufacturing; pulp and paper industry; rubber and miscellaneous plastic
products; stone, glass, clay and concrete products; textile manufacturing; transportation equipment; and
water treatment. This term does not include mining waste or oil and gas waste.
(14) Junk. The term “junk” means old or scrap copper, brass, rope, rags, batteries, paper, trash,
rubber, debris, waste, or junked, dismantled, or wrecked automobiles, or parts thereof, iron, steel, and other
old or scrap ferrous or nonferrous material.
(15) Junkyard. The term “junkyard” means an establishment or place of business which is
maintained, operated, or used for storing, keeping, buying, or selling junk, o r for the maintenance or
operation of an automobile graveyard, and the term shall include garbage dumps and sanitary fills.
(16) Landfill. The term “landfill” means a sanitary landfill, an industrial waste landfill, or a
construction/demolition/debris landfill. See Part 1 (9 VAC 20-81-10 et seq.) of 9 VAC 20-81 (Solid Waste
Management Regulations) for further definitions of these terms.
(17) Local landfill. The term “local landfill” means any landfill located within the jurisdiction of a
local government.
(18) Open burning. The term “open burning” means the combustion of solid waste without:
1. Control of combustion air to maintain adequate temperature for efficient
combustion;
2. Containment of the combustion reaction in an enclosed device to produce sufficient
residence time and mixing for complete combustion; and
3. Control of the combustion products’ emission.
(19) Open pit incinerator. The term “open pit incinerator” means a device used to burn waste for
the primary purpose of reducing the volume by removing combustible matter. Such devices function by
directing a curtain of air at an angle across the top of a trench or similarly enclosed space, thus reducing the
amount of combustion by-products emitted into the atmosphere. The term also includes trench burners, air
curtain destructors and over draft incinerators.
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(20) Refuse. The term “refuse” means all solid waste products having the characteristics of solids
rather than liquids and that are composed wholly or partially of materials such as garbage, trash, rubbish,
litter, residues from clean up spoils or contamination or other discarded materials.
(21) Salvage operation. The term “salvage operation” means any operation consisting of a
business, trade or industry participating in salvaging or reclaiming any product or material, such as, but not
limited to, reprocessing of used motor oils, metals, chemicals, shipping containers or drums, and specifically
including automobile graveyards and junkyards.
(22) Sanitary landfill. The term “sanitary landfill” means an engineered land burial facility for the
disposal of household waste that is so located, designed, constructed, and operated to contain and isolate
the waste so that it does not pose a substantial present or pote ntial hazard to human health or the
environment. A sanitary landfill also may receive other types of solid wastes, such as commercial solid
waste, nonhazardous sludge, hazardous waste from conditionally exempt small quantity generators,
construction, demolition, or debris waste and nonhazardous industrial solid waste. See Part I (9 VAC 20-
81-10 et seq.) of 9 VAC 20-81 (Solid Waste Management Regulations) for further definitions of these terms.
(23) Smoke. The term “smoke” means small gas-borne particulate matter consisting mostly, but
not exclusively, of carbon, ash and other material in concentrations sufficient to form a visible plume.
(24) Special incineration device. The term “special incineration device” means an open pit
incinerator, conical or tepee burner, or any other device specifically designed to provide good combustion
performance.
(25) Wood waste. The term “wood waste” means untreated wood and untreated wood products,
including tree stumps (whole or chipped), trees, tree limbs (who le or chipped), bark, sawdust, chips, scraps,
slabs, millings, and shavings. Wood waste does not include:
1. Grass, grass clippings, bushes, shrubs, and clippings from bushes and shrubs from
residential, commercial/retail, institutional, or industrial sources as part of maintaining yards or other private
or public lands.
2. Construction, renovation, or demolition wastes.
3. Clean lumber.
(26) Yard waste. The term “yard waste” means grass, grass clippings, bushes, shrubs, and
clippings from bushes and shrubs that come from residential, commercial/retail, institutional, or industrial
sources as part of maintaining yards or other private or public lands. Yard waste does not include (i)
construction, renovation, and demolition wastes or (ii) clean wood.
(Code 1988, § 9-21.3; Ord. 98-A(1), 8-5-98)
Sec. 6-404 Prohibitions on open burning.
A. No owner or other person shall cause or permit open burning or the use of a special
incineration device for disposal of refuse except as provided in this ordinance.
B. No owner or other person shall cause or permit open burning or the use of a special
incineration device for disposal of rubber tires, asphaltic materials, crankcase oil impregnated wood or other
rubber or petroleum based materials except when conducting bona fide fire fighting instruction at fire
fighting training schools having permanent facilities.
C. No owner or other person shall cause or permit open burning or the use of a special
incineration device for disposal of hazardous waste or containers for such materials.
D. No owner or other person shall cause or permit open burning or the use of a special
incineration device for the purpose of a salvage operation or for the disposal of commercial/industrial waste.
E. No owner or other person shall cause or permit open burning or the use of a special
incineration device for disposal of household waste or garbage.
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F. Open burning or the use of special incineration devices permitted under the provisions of
this ordinance does not exempt or excuse any owner or other person from the consequences, liability,
damages or injuries which may result from such conduct; nor does it excuse or exempt any owner or other
person from complying with other applicable laws, ordinances, regulations and order s of the governmental
entities having jurisdiction, even though the open burning is conducted in compliance with this ordinance.
In this regard special attention should be directed to § 10.1-1142 of the Forest Fire Law of Virginia, the
regulations of the Virginia Waste Management Board, and the State Air Pollution Control Board's
Regulations for the Control and Abatement of Air Pollution.
G. Upon declaration of an alert, warning or emergency stage of an air pollution episode as
described in Part VII of the Regulations for the Control and Abatement of Air Pollution or when deemed
advisable by the State Air Pollution Control Board to prevent a hazard to, or an unreasonable burden upon,
public health or welfare, no owner or other person shall cause or permit open burning or use of a special
incineration device; and any in process burning or use of special incineration devices shall be immediately
terminated in the designated air quality control region.
(Code 1988, § 9-22; Ord. 98-A(1), 8-5-98)
Sec. 6-406 Permissible open burning.
A. Open burning is permitted for the disposal of leaves and tree, yard and garden trimmings
located on the premises of private property, provided that the following conditions are met:
1. the burning takes place on the premises of the private property; and
2. the location of the burning is not less than 300 feet from any occupied building
unless the occupants have given prior permission, other than a building located on the property on which
the burning is conducted.
B. Open burning is permitted for disposal of debris waste resulting from property maintenance,
from the development or modification of roads and highways, parking areas, railroad tracks, pipelines,
power and communication lines, buildings or building areas, san itary landfills, or any other clearing
operations which may be approved by the fire official, provided that all of the following conditions are met:
1. all reasonable effort shall be made to minimize the amount of material burned, with
the number and size of the debris piles approved by the fire official;
2. the material to be burned shall consist of brush, stumps and similar debris waste
and shall not include demolition material;
3. the burning shall be at least 500 feet from an occupied building unless the
occupants have given prior permission, other than a building located on the property on which the burning is
conducted;
4. the burning shall be conducted at the greatest distance practicable from highways
and air fields;
5. the burning shall be attended at all times and conducted to ensure the best
possible combustion with a minimum of smoke being produced;
6. the burning shall not be allowed to smolder beyond the minimum period of time
necessary for the destruction of the materials; and
7. the burning shall be conducted only when the prevailing winds are away from any
city, town or built-up area.
C. Open burning is permitted for disposal of debris on the site of local landfills provided that
the burning does not take place on land that has been filled and covered so as to present an underground
fire hazard due to the presence of methane gas provided that all of the following conditions are met:
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1. the burning shall take place on the premises of a local sanitary landfill which meet s
the provisions of the regulations of the Virginia Waste Management Board;
2. the burning shall be attended at all times;
3. the material to be burned shall consist only of brush, tree trimmings, yard and
garden trimmings, clean burning construction waste, clean burning debris waste, or clean burning
demolition waste;
4. all reasonable effort shall be made to minimize the amount of material that is
burned;
5. no materials may be burned in violation of the regulations of the Virginia Waste
Management Board or the State Air Pollution Control Board.
The exact site of the burning on a local landfill shall be established in coordination with the regional
director and the fire official; no other site shall be used without the approval of these offic ials. The fire
official shall be notified of the days during which the burning will occur.
(Code 1988, § 9-22.1; Ord. 98-A(1), 8-5-98)
Sec. 6-407 Permits.
A. When open burning of debris waste (section 6-406(B)) or open burning of debris on the site
of a local landfill (section 6-406(C)) is to occur within Albemarle County, the person responsible for the
burning shall obtain a permit from the fire official prior to the burning. Such a permit may be granted only
after confirmation by the fire official that the burning can and will comply with the provisions of this
ordinance and any other conditions which are deemed necessary to ensure that the burning will not
endanger the public health and welfare or to ensure compliance with any applicable provisions of the State
Air Pollution Control Board's Regulations for the Control and Abatement of Air Pollution. The permit may be
issued for each occasion of burning or for a specific period of time deemed appropriate by fire official.
B. Prior to the initial installation (or reinstallation, in cases of relocation) and operation of
special incineration devices, the person responsible for the burning shall obtain a permit from the fire
official, such permits to be granted only after confirmation by the fire official that the burning can and will
comply with the applicable provisions in Regulations for the Control and Abatement of Air Pollution and that
any conditions are met which are deemed necessary by the fire official to ensure that the operation of the
devices will not endanger the public health and welfare. Permits granted for the use of special incineration
devices shall at a minimum contain the following conditions:
1. all reasonable effort shall be made to minimize the amount of material that is
burned. Such efforts shall include, but are not limited to, the removal of pulpwood, sawlogs and firewood;
2. the material to be burned shall consist of brush, stumps and similar debris waste
and shall not include demolition material;
3. the burning shall be at least 300 feet from any occupied building unless the
occupants have given prior permission, other than a building located on the property on which the burning is
conducted; burning shall be conducted at the greatest distance practicable from highways and air fields. If
the fire official determines that it is necessary to protect public health and welfare, he may direct that any of
the above cited distances be increased;
4. the burning shall be attended at all times and conducted to ensure the best
possible combustion with a minimum of smoke being produced. Under no circumstances should the
burning be allowed to smolder beyond the minimum period of time necessary for the destruction of the
materials;
5. the burning shall be conducted only when t he prevailing winds are away from any
city, town or built-up area;
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6. the use of special incineration devices shall be allowed only for the disposal of
debris waste, clean burning construction waste, and clean burning demolition waste; and
7. permits issued under this paragraph shall be limited to a specific period of time
deemed appropriate by the fire official.
C. An application for a permit under section 6-407(A) or 6-407(B) shall be accompanied by a
processing fee as set forth in the fee schedule maintained by the fire official, as may be amended from time
to time.
(Code 1988, § 9-24; Ord. 98-A(1), 8-5-98)
. . .
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ATTACHMENT 6
ALBEMARLE COUNTY RECOMMENDED PRIORITIES FOR FY 2014-2019 SYIP
ADOPTED: November 14, 2012
I. MAJOR IMPROVEMENTS
1. Improvements to Route 29 North Corridor:
a. Funding of 29H250 Phase II Study, Option B design recommendations, most
particularly additional north and southbound lanes on Route 29 from the Hydraulic
Road intersection to the Route 250 Bypass and an additional ramp lane from Route 29
southbound onto the Route 250 Bypass West; Places 29 Priority project;
Primary/Revenue Sharing/City funds – Partial funding commitment to design and
construct.
b. Construct Hillsdale Drive extension from Hydraulic Road to Greenbrier Drive; Places
29 Priority project; Urban/Revenue Sharing/City funds/Private right of way
donations – Designed and being funded to construct.
c. Construct Berkmar Drive extension. Places 29 Priority project; Portion being
constructed in Hollymead Town Center; CIP funding – available for design only
(no funding to construct).
d. Intersection improvements at the Route 29 - Polo Ground Rd. (east)/Rio Mills Rd.
(west) intersection to address traffic back -ups on Polo Grounds Rd. Consider
signalization improvements and/or construction of turn lanes on Polo Grounds Road;
Board request – new project request/not funded.
e. Deployment of an adaptive traffic control system or other equivalent signal
synchronization enhancements to US 29, from the Charlottesville city limits to
Hollymead.
2. Improve Route 250 East corridor as recommended in the Pantops and Village of Rivanna
Master Plans (improvements to I-64 interchange, pedestrian crossings in Pantops, parallel
roads, new bridge/crossing at Rivanna River and widening of Route 250 east f rom the I-64
interchange to Village of Rivanna). [note: I-64 exit ramp improvements completed] Portions
of parallel roads constructed in private projects; no additional funding to design or
construct.
3. Improvements in accord with the recommendations of the Crozet Master Plan:
a. Implement sidewalk plan (per Downtown Sidewalk and Parking Study and Crozet
Master Plan); CIP/Enhancement /Revenue Sharing funds – Crozet Ave.
Streetscape project designed and funded to construct.
b. Create bike lanes to and in downtown; Secondary/Revenue Sharing funds –
Jarman’s Gap Rd. complete; Library Ave. partially built.
c. Construct Eastern Avenue, to include the Lickinghole Bridge and a railroad crossing;
Portion constructed in private project; location plan complete. No funding to
design or construct.
d. Construct un-built sections of Library Ave. east from Crozet Avenue to Hill Top St. CIP
funds – Portion constructed; No additional funding to design or construct.
4. Widen Route 20 North from Route 250 to Elks Drive/Fontaine Drive inters ection, including bike
lanes and sidewalks. No funding.
5. Undertake improvements recommended in the Southern Urban Area B Study, including
improvements to Fontaine Avenue and construction of Fontaine Avenue to Sunset Avenue
connector road. Proffer for a portion of Fontaine Ave. to Sunset Ave. Connector; No
additional funding to design or construct.
6. Widen Route 20 South from I-64 to Mill Creek Drive, including bike lanes and sidewalks. No
funding.
7. Improve two intersections on Route 20 (Valley Street) in Scottsville: the Warren Street
intersection and the Hardware Street intersection. No funding.
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II. TRANSIT IMPROVEMENTS
1. Regional Transit Authority - Funding to establish a regional transit authority to provide
expanded transit service to Albemarle County and Charlottesville. No funding.
2. Expand Existing Service - Funding to expand existing transit service capacity for CAT, JAUNT
and RideShare, including capital projects to enhance capital operations (such as bus pull -outs,
shelters, etc.). Limited funding in CIP for 2-4 bus stops/shelters.
3. Funding for Transit Operational Costs - Fully fund the State’s existing formula share of transit
operating costs or provide fuel subsidies in the face of rapidly escalating fuel costs. Services
provided in County by CAT are County funded.
4. Inter-City Rail - Maintain increased inter-city rail service initiated to Charlottesville/Albemarle
County in 2009. State funded through 2012.
5. Provide new service to Avon Street/Urban Neighborhood 4 area. No funding.
6. Provide new service in the US 29 North corridor/Hollymead/Airport. No funding.
III. SAFETY IMPROVEMENTS
1. Construction of pedestrian walkways and/or bikeways along primary roads in the County’s
Urban Neighborhoods and Development Areas as part of road widening/improvement projec ts.
Absent major road improvements, the following are prioritized for pedestrian and/or bikeway
improvement:
a. Route 240 in downtown Crozet; Enhancement/Revenue Sharing funds – Crozet
Ave. streetscape project designed and funded to construct.
b. Pedestrian crossings at strategic locations on Rt 29 North; No funding.
c. Route 250 East in Pantops - complete existing sidewalk system through extension and
connections; provide pedestrian crossings at strategic locations ; CIP funding –
sidewalk sections recently completed on Route 250; crosswalks need to be
designed/ installed.
d. Route 250 West from the City limits to the 250 Bypass area; No funding.
e. Route 20 South from City limits to Mill Creek Drive extended. No funding.
f. Route 250 West in Crozet (Cloverlawn/Blue Ridge Sh opping Center/Cory Farms
subdivision area). Limited funding available (County CIP).
2. Intersection improvements on Route 250 West at: 1) Tilman Road; 2) Owensville Road; 3)
Route 240 (at Mechums River Bridge). Improvements to address traffic control, such a s
traffic light, round-about, or other such improvements. No funding.
3. Full lane widths, paved shoulders and spot improvements on Route 22 and Route 231. No
funding.
4. Traffic control improvements at the intersection of Route 250 West and Route 151 (traffic light,
round-about, or other such improvements). No funding.
FOR INFORMATION ONLY:
OTHER APPROVED PROJECTS FULLY FUNDED IN THE STATE SIX YEAR IMPROVEMENT PLAN
Rt. 250 Bypass, Construct Interchange with McIntire Road (Charlottesville)
McIntire Road Extended, Construct 2 Lanes (Charlottesville)
Route 29 Corridor Improvements, reconstruction with added capacity from Ashwood
Boulevard to Town Center Drive
Route 29 Western Bypass, New Construction
Bridge Replacement, Route 250 over Little Ivy Creek
Various spot and safety improvements--5 projects on Rt. 29, Rt. 53, Rt. 20, Rt. 250 (flashing
lights, shoulder widening, signage and guardrail, turn lane improvements)