HomeMy WebLinkAbout12042013actions 1
ACTIONS
Board of Supervisors Meeting of December 4, 2013
December 5, 2013
AGENDA ITEM/ACTION
ASSIGNMENT
PODCAST
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.
Listen
4. Adoption of Final Agenda.
ACCEPTED the final agenda.
5. Brief Announcements by Board Members.
There were none.
6. Recognitions:
a. 2013 VACO/VML Go Green Virginia Challenge
Award.
Chair presented award to Andrew Lowe,
Environmental Compliance Manger.
7. From the Public: Matters Not Listed for Public
Hearing on the Agenda.
Charles Batting presented a slide presentation
on climate control.
John Martin spoke about the Board’s
December 3rd meeting with State legislators,
and asked the two Board members, who had a
conversation with Bryce Reeves, to make their
comments public.
Laurel Davis expressed concern with the
establishment of an auxiliary police force. She
also spoke in opposition to locating a
convenience center in Keene.
Neil Williamson spoke about the proposed
Economic Development Program.
Listen
8.2 FY 2014 Budget Amendment and Appropriations.
APPROVED appropriations #2014056,
#2014058, #2014059, #2014060, #2014061,
#2014062, and #2014063 for various school
division and general government projects and
programs as described by staff.
Clerk: Forward copy of signed
appropriations form to OMB,
Finance and appropriate
individuals.
Listen
8.3 Earlysville Volunteer Fire Company, Application to
Operate as Advanced Life Support (ALS) EMS
Transport Agency.
ADOPTED resolution endorsing the upgrade of
the EVFC’s EMS License from Basic Life
Support Non-Transport to Advanced Life
Support Transport.
Clerk: Forward copy of signed
resolution to Fire & Rescue and
County Attorney’s office.
(Attachment 1)
8.4 Project Based Vouchers: The Crossings at 4th and
Preston.
APPROVED continuing to support the six
families at The Crossings as set out in
Appropriation #2014061 (Item 8.2).
8.4a Resolution supporting the “First Day Introduction
Requirement”.
ADOPTED resolution.
Clerk: Forward to County
Attorney’s office to send to State
Legislators and David Blount.
(Attachment 2)
8.4b Final Albemarle County 2014 Legislative Priorities.
APPROVED.
Clerk: Forward to County
Attorney’s office to send to State
Legislators and David Blount.
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(Attachment 3)
9. FY 2012-2013 Comprehensive Annual Financial
Report (CAFR).
By a vote of 6:0, ACCEPTED the FY 2012-
2013 Comprehensive Annual Financial Report.
Listen
10. Economic Development Program (continued
discussion).
By a vote of 6:0, ENDORSED the process
outlined for the continued consideration of the
establishment of an Economic Development
Program.
County Executive : Proceed as
approved.
Listen
11. Charlottesville Albemarle Convention and Visitors
Bureau (CACVB) 2013 Annual Report.
Received.
Listen
12. Albemarle County Service Authority (ACSA)
Update, Gary O’Connell.
Received.
13. Rivanna Water and Sewer Authority (RWSA)
Update, Tom Frederick.
CONSENSUS that County representatives on
RWSA Board support hybrid GAC option for
water treatment.
County Executive: Proceed as
recommended.
Listen
14. Closed Meeting.
At 11:35 a.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 in which there are pending
vacancies or requests for reappointments;
under subsection (3) to discuss the acquisition
of real property for public park land because an
open meeting discussion would adversely
affect the bargaining position of the County;
and under subsection (7) to consult with legal
counsel and staff regarding specific legal
matters requiring legal advice relating to the
cost recovery program for emergency service
transports and the negotiation of an agreement
for further implementing a cooperative cost
recovery program for emergency service
transports.
Listen
15. Certified Closed Meeting.
At 1:35 p.m. the Board reconvened into open
meeting and certified the closed meeting.
16. Boards and Commissions: Appointments.
REAPPOINTED Mr. Jason Woodfin to the
Acquisition of Conservation Easements
Committee (ACE), with said term to expire
August 1, 2015.
REAPPOINTED Mr. Jean Lorber to the
Acquisition of Conservation Easements (ACE)
Appraisal Review Committee, with said term to
expire December 31, 2014.
APPOINTED Ms. Nancy Carpenter to the
Monticello Area Community Action Agency
(MACAA), with said term to expire October 31,
2018.
REAPPOINTED Mr. Devin Floyd to the Natural
Heritage Committee, with said term to expire
September 30, 2017.
Clerk: Prepare appointment
letter, update Boards and
Commissions book, webpage,
and notify appropriate person.
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APPOINTED Ms. Peggy Cornett to the Natural
Heritage Committee, with said term to expire
September 30, 2015.
REAPPOINTED Ms. Marilyn Minrath to the
Public Defenders Office Citizens Advisory
Committee, with said term to expire December
31, 2016.
REAPPOINTED Ms. Sherry Buttrick to the
Public Recreational Facilities Authority, with
said term to expire December 13, 2016.
APPOINTED Ms. Angela Lynn to the Public
Recreational Facilities Authority, with said term
to expire December 13, 2016.
REAPPOINTED Mr. Steven Janes to the
Rivanna Solid Waste Authority Citizens
Advisory Committee, with said term to expire
December 31, 2015.
APPOINTED Mr. Ken Boyd as the Board of
Supervisors representative on the Free Bridge
Congestion Relief Project.
17. Pb. Hrg: Proposed Ordinance to Establish
Auxiliary Police Force.
By a vote of 6:0, ADOPTED Ordinance No. 13-
2(2).
Clerk: Forward copy of signed
ordinance to Police Department
and County Attorney’s office.
(Attachment 4)
Listen
18. – Agricultural and Forestal Districts.
a. AFD-2013-1. Ivy Creek AFD – District
Review.
b. AFD-2013-2. Keswick AFD – Addition.
c. AFD-2013-3 and 2013-4. Hardware AFD –
Addition.
d. AFD-2013-5 and 2013-6. Glen Oaks AFD –
Addition.
e. AFD-2013-7. Jacobs Run AFD – Addition.
f. AFD-2013-8. Totier Creek AFD – Addition.
By a vote of 6:0, ADOPTED the proposed
ordinance to continue Ivy Creek AFD with
parcel 44-21D removed as requested by the
landowner; and approve the additions to the
Keswick, Hardware, Glen Oaks, Jacobs Run
and Totier Creek AFD’s.
Clerk: Forward copy of signed
ordinance to Community
Development and County
Attorney’s office. (Attachment 5)
Prepare letter for Chairman’s
signature.
Listen
19. ZTA-2013-00003. Dam Break Inundation Zones.
By a vote of 6:0, ADOPTED proposed
amendment to ordinance No. 13-18(7) with an
effective date of January 1, 2014.
Clerk: Forward copy of signed
ordinance to Community
Development and County
Attorney’s office. (Attachment 6)
Listen
20. STA-2012-00002. Subdivision Plat Process
Improvements.
By a vote of 6:0, ADOPTED ordinance No. 13-
14(1) with an effective date of January 1, 2014.
Clerk: Forward copy of signed
ordinance to Community
Development and County
Attorney’s office. (Attachment 7)
Listen
21. Arrowhead Farm Acquisition.
By a vote of 6:0, APPROVED acceptance of
the Arrowhead Farm property, after appropriate
legal review of the documents, with the
condition that the County is not responsible for
maintenance of the access easement from
Route 29, and AUTHORIZED the County
Executive to sign deeds once they are in
proper form.
County Attorney/Parks & Rec:
Proceed as approved.
Listen
22. Five-Year Financial Plan – Work Session.
Held.
Listen
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23. From the Board: Committee Reports and Matters
Not Listed on the Agenda.
Dennis Rooker:
Spoke on Mr. John Martin’s comments from
the morning session.
Listen
24. From the County Executive: Report on Matters
Not Listed on the Agenda.
Tom Foley:
Announced that public comment regarding the
location of a convenience center to serve
Southern Albemarle will be held on January 8,
2014 at 6:00 p.m.
Formally thanked staff for their hard work in
helping the County achieve a Triple AAA bond
rating.
Recognized the Police Department for
receiving an almost $3 million grant for the
proposed fire arms facility.
Announced that the Board members will be
discussing in January a schedule on policy
issues that will be coming back before them.
25. Adjourn to December 11, 2013, 4:00 p.m., Lane
Auditorium.
At 4:28 p.m., the Board adjourned until 4:00
p.m., December 11, 2013.
ewj/tom
Attachment 1 – Resolution - Earlysville Volunteer Fire Company, Application to Operate as Advanced Life Support
(ALS) EMS Transport Agency
Attachment 2 – Resolution supporting the “First Day Introduction Requirement”
Attachment 3 – Final Albemarle County 2014 Legislative Priorities
Attachment 4 – Ordinance No. 13-2(2) – Police Auxiliary
Attachment 5 – Ordinance No. 13-03(1) – Agricultural and Forestal Districts
Attachment 6 – Ordinance No. 13-18(7) – Dam Break
Attachment 7 – Ordinance No. 13-14(1) – Subdivision Plat Process
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ATTACHMENT 1
RESOLUTION ENDORSING THE UPGRADE OF
THE EARLYSVILLE VOLUNTEER FIRE COMPANY’S
EMS LICENSE FROM BASIC LIFE SUPPORT NON-TRANSPORT
TO ADVANCED LIFE SUPPORT TRANSPORT
WHEREAS, County Fire and Rescue career personnel provide Advanced Life Support (ALS) Transport
services out of the Earlysville Volunteer Fire Company (EVFC) station during weekday hours; and
WHEREAS, EVFC currently provides non-transport first response services at the Basic Life Support (BLS)
level out of the EVFC station during the evenings and weekends and desires to provide ALS Transport services
during those hours; and
WHEREAS, the EVFC desires to upgrade its Emergency Medical Services (EMS) License from a BLS
Non-Transport License to an ALS Transport License in order for its volunteer members to provide ALS Transport
services out of the EVFC station during the evenings and weekends; and
WHEREAS, the ability of the EVFC to provide ALS Transport services would advance the health, safety,
and welfare of County residents and visitors.
NOW, THEREFORE, BE IT RESOLVED THAT the Board of Supervisors for the County of Albemarle
hereby endorses the upgrade of EVFC’s EMS License from a BLS Non-Transport License to an ALS Transport
License to provide ALS Transport services in the County.
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ATTACHMENT 2
RESOLUTION SUPPORTING THE FIRST DAY INTRODUCTION REQUIREMENT FOR BILLS WITH
LOCAL FISCAL IMPACTS IN THE VIRGINIA GENERAL ASSEMBLY (“THE FIRST DAY
INTRODUCTION REQUIREMENT”)
WHEREAS, many local governing bodies in the Commonwealth of Virginia have expressed increasing
concern about the impact of state mandates and c ost shifting upon localities; and
WHEREAS, Section 30-19.03 of the Code of Virginia states that the Commission on Local Government
shall prepare and publish a statement of fiscal impact for “any bill requiring a net additional expenditure by any
county, city, or town, or … any bill requiring a net reduction of revenues by any county, city, or town, filed during
any session of the General Assembly”; and
WHEREAS, numerous bills fitting such criteria have been submitted to and completed the legislative
process without review for local fiscal impacts due to limited time and resources available to review such bills
during the General Assembly session; and
WHEREAS, it is further recognized that a need exists for additional time and resources to provide local
fiscal impact information to legislators under the stringent procedural confines of the current legislative process;
and
WHEREAS, we believe it is in the best interest of lawmakers to have accurate and timely information on
the fiscal impact to localities for consideration of bills and budget items which shall affect said localities.
NOW, THEREFORE, BE IT RESOLVED, that the Albemarle County Board of Supervisors does hereby
request that the General Assembly support measures which require its members to file bills with local fiscal
impacts as early as possible and no later than the first day of any General Assembly session.
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ATTACHMENT 3
Final Albemarle County 2014 Legislative Priorities
Growth Management, Land Use and Transportation
Biosolids—Support legislation enabling localities, as part of their zoning ordinances, to designate and/or
reasonably restrict the land application of biosolids to specific areas within the locality based on criteria related to
the public safety and welfare of its citizens and the environment. In addition, support legislation regarding land
application of biosolids that protect the environment, public health and safety.
Local Authority—Support legislation to 1) strengthen localities’ authority by enabling them t o utilize adequate
public facilities ordinances; and 2) not pass legislation that preempts or circumvents existing local authority to
regulate land use.
Impact Fee Authority—Support impact fee legislation that allows for 1) a fair allocation of costs repr esenting a
“pro-rata” off-set of new growth on public facilities; 2) impact fees for facility costs related to transportation,
schools, fire, police, emergency medical services, libraries, stormwater management, open space and
parks/recreation lands; 3) effective implementation through simple locally-based formulae and reasonable
administrative requirements; 4) does not cap or limit localities’ impact fee updates; and 5) does not diminish the
existing proffer system.
Conservation Easements—Support legislation that augments local efforts in natural resource protection through
1) continuing to fund the Virginia Land Conservation Foundation (VLCF) for locally established and funded
Purchase of Development Rights programs (e.g. ACE Program in Albemarle County); 2) continuing to provide
matching funds to localities for their Purchase of Development Rights programs through the Office of Farmland
Preservation; 3) retaining provisions in transient occupancy tax legislation so that funds can continue to be used to
protect open-space and resources of historical, cultural, ecological and scenic value that attract tourism; and 4)
increase incentives for citizens to create conservation easements.
Scenic Protection and Tourist Enhancement—Support enabling legislation for Albemarle County to provide for
a scenic protection and tourist enhancement overlay district. As the County pursues options to protect the visual
quality of land as an aesthetic and economic resource, this legislation would provide a method to ensure f ull
consideration of visual resources and scenic areas when the County or state make land use decisions in
designated areas.
Transportation Funding—Support legislation to 1) establish stable and consistent state revenues for Virginia’s
long-term transportation infrastructure needs; 2) direct funding efforts at all transportation modes; 3) coordinate
planning for transportation and land use, being mindful of local Comprehensive and regional Transportation Plans
when planning transportation systems within a locality; and 4) strongly oppose any legislation or regulations that
would require the transfer of responsibility to counties for construction, maintenance or operation of new and
existing secondary roads.
Health and Human Services
Comprehensive Services Act (CSA)—Request that the legislature assist localities’ implementation of CSA in a
consistent, financially stable manner by: 1) fully funding the state pool for CSA with allocations based on realistic
anticipated levels of need and a cap on local expenditures for serving a child through CSA; 2) enhancing state
funding for grants to localities to create community-based alternatives for children served in CSA; 3) establishing
state contacts with CSA providers to provide for a uniform contract management p rocess, improve vendor
accountability and control costs; and 4) encouraging the state to be proactive in making service providers available
and to support local and regional efforts to address areas of cost sharing among localities by procuring services
through group negotiation.
Child Care for Low Income Working Families—Request the legislature provide additional funds to local
governments to assist low-income working families with childcare costs. This funding helps working-class parents
pay for supervised day care facilities and supports efforts for families to become self -sufficient.
Local Department of Social Services (LDSS)—Request the legislature increase funds for LDSS to match all
available federal dollars to assist LDSS staffing needs in order to meet state mandated services and workloads.
Local Government Administration and Finance
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Voting Precincts—Eliminate split Virginia Senate precincts to the extent possible. The Virginia Senate
redistricting plan has created split precincts in the Jack Jouett, Rio and Rivanna Magisterial Districts. The Jack
Jouett precinct is split between the 17th and 25th Senate Districts in two places. The Woodbrook precinct is split
between the 17th and the 25th Senate Districts and the Stony Point precinct is split between the 17th and 25th
Senate Districts.
Full Funding of State Mandates—Support resolution requesting a “First Day Introduction Requirement” for bills
with local fiscal impacts. Request the state provide full funding for its mandates in all areas of local government
including the Standards of Quality (SOQs), positions approved by the Compensation Board, costs related to jails
and juvenile detention centers and human services positions.
Local Control of Local Revenues—Oppose legislation that restricts or limits the existing local control of local
revenues so that local government leaders can take appropriate measures to generate sufficient revenues to
sustain and improve services.
Drug Court Funding—Request the legislature fully fund the Drug Court Program, which provides effective
treatment and intensive supervision to drug offenders through the Circuit Courts of several Virginia localities.
Composite Index— The County loses 13% of its tax base and $18 million taxable dollars under land use taxatio n.
Support legislation to correctly identify a locality’s “ability to pay” by amending the Composite Index Funding
Formula by (1) redefining the local true values component of the formula to include the land use taxation value of
real property rather than the fair market assessed value for those properties that have qualified and are being
taxed under a land use value taxation program; and (2) adjusting the funding formula for Albemarle County and the
City of Charlottesville to account for the annual transf er of funds from the County to the City required by their
annexation and revenue sharing agreement.
Cost to Compete Pay Differential—Due to the documented high cost of living in Albemarle County, request the
legislature include Albemarle County Schools in the “Cost to Compete Pay Differential” so that the County may
reach and maintain competitive compensation to help recruit, develop and retain a highly qualified and diverse
teacher workforce.
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ATTACHMENT 4
ORDINANCE NO. 13-2(2)
AN ORDINANCE TO AMEND AND REORDAIN CHAPTER 2, ADMINISTRATION, ARTICLE V, LAW
ENFORCEMENT, 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 2, Administration,
Article V, Board of Supervisors, of the Code of the County of Albemarle, Virginia, is hereby amended and
reordained as follows:
By Amending:
Sec. 2-504 Volunteer community service force
By Adding:
Sec. 2-505 Auxiliary police force
CHAPTER 2. ADMINISTRATION
ARTICLE V. LAW ENFORCEMENT
Sec. 2-504 Volunteer community service force.
There is hereby created a volunteer community service force which shall be designated the "Albemarle
County Community Service Force."
A. The community service force shall consist of unpaid volunteer citizens designated volunteer
community service officers, who shall be under the direct supervision of the chief of police of the county.
B. The purpose and function of the volunteer service force shall be to provide assistance to the chief of
police and the regular county police force in the maintenance of police records and communications, to provide
public education and information in crime prevention and detection and similar police activities; provided, that no
volunteer community service officer shall carry weapons of deadly force or have power of arrest.
C. Uniforms and equipment for volunteer community service officers, the qualification and training of
candidates, duties and operating procedures and all other matters not specified in t his section shall be as
prescribed by regulations recommended from time to time by the chief of police and county executive and
approved by the board of supervisors. Uniforms and equipment shall be provided by the county from the budget of
the county police force.
D. Volunteer community service officers shall not be deemed county employees for purposes of tenure,
nor shall they be subject to the county employee grievance procedure.
E. To the extent possible, volunteer community service officers shall be covered by the county's liability
insurance.
F. Volunteer community service officers shall not be deemed auxiliary police officers under Virginia Code
§ 15.2-1731, or special police officers under Virginia Code § 15.2-1737.
(8-10-88; Code 1988, § 10.1-3; Ord. 98-A(1), 8-5-98)
Sec. 2-505 Auxiliary police force.
There is hereby created an auxiliary police force which shall be designated the “Albemarle County
Auxiliary Police Force.”
A. The auxiliary police force shall be comprised of citizen volunteers selectively used to conduct a
variety of operational support and administrative assignments.
B. The chief of police shall have the authority to appoint as auxiliary police officers as many persons
of good character as he deems necessary, not to exceed 15 percent of the paid force; and their appointment shall
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be revocable at any time by the chief of police.
C. The chief of police shall have the authority to prescribe the uniform, equipment, organization and
such rules and regulations as he shall deem necessary for the operation of the auxiliary police force.
D. The chief of police may call into service such auxiliary policemen as may be deemed necessary:
1. In time of public emergency;
2. At such times as there is an insufficient number of regul ar policemen to preserve the
peace, safety and good order of the community; or
3. At any time for the purpose of training such auxiliary policemen.
E. The members of the auxiliary police force shall not be required to act beyond the limits of the
jurisdiction of the county except when called upon to protect any public property belonging to the county which may
be located beyond its boundaries unless authorized by a mutual aid agreement pursuant to Virginia Code § 15.2 -
1736.
F. The members of the auxiliary police force shall not be deemed county employees and shall serve
without compensation.
G. To the extent possible, members of the auxiliary police force shall be covered by the county’s
liability insurance.
H. The members of the auxiliary police f orce shall not be deemed special police officers under
Virginia Code § 15.2-1737.
I. The members of the auxiliary police force shall wear the uniform and equipment prescribed by the
chief of police at all times while serving as auxiliary policemen.
J. Any citizen of the United States shall be eligible to make application to become a member of the
auxiliary police force. Applicants shall apply and will be selected in the form and manner prescribed by the chief of
police.
State law reference-Va. Code §§ 15.2-1731-1736.
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ATTACHMENT 5
ORDINANCE NO. 13-03(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:
Sec. 3-213.5 Glen Oaks Agricultural and Forestal District
Sec. 3-214 Hardware Agricultural and Forestal District
Sec. 3-217 Ivy Creek Agricultural and Forestal District
Sec. 3-218 Jacob’s Run Agricultural and Forestal District
Sec. 3-219 Keswick Agricultural and Forestal District
Sec. 3-227 Totier Creek Agricultural and Forestal District
CHAPTER 3. AGRICULTURAL AND FORESTAL DISTRICTS
ARTICLE II. DISTRICTS OF STATEWIDE SIGNIFICANCE
DIVISION 2. DISTRICTS
Sec. 3-213.5 Glen Oaks Agricultural and Forestal District.
The district known as the “Glen Oaks Mountain Agricultural and Forestal District” consists of the following
described properties: Tax map 93A5, parcels K2A11, K2A12, K2A13; tax map 94, parcels 15A1, 15A2. This
district, created on December 7, 2011 for not more than 10 years, shall next be reviewed prior to December 7,
2021.
(Ord. 11-3(4), 12-7-11)
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 6H, 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, 3U, 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; Ord. 12-3(1), 7-11-12)
Sec. 3-217 Ivy Creek Agricultural and Forestal District.
The district known as the “Ivy Creek Agricultural and Forestal District” consists of the following described
properties: Tax map 44, parcels 19, 19A, 19B, 20, 20A, 20B, 20C, 20D, 20E, 20F, 20G, 21A1, 21A2, 21C(part);
tax map 45, parcels 5F, 5F4. This district, created on November 2, 1988 for not mor e than 7 years, since
amended at its last review on December 4, 2013 to continue for not more than 10 years, shall next be reviewed
prior to December 4, 2023.
(4-14-93; 2-14-96; Code 1988, § 2.1-4(n); Ord. 98-A(1), 8-5-98; Ord. 03-3(1), 7-9-03; Ord. 09-3(4), 12-2-09)
12
Sec. 3-218 Jacobs Run Agricultural and Forestal District.
The district known as the "Jacobs Run Agricultural and Forestal District" consists of the following described
properties: Tax map 19, parcels 25, 25A; tax map 19A, parcels 22, 31; tax map 20, parcel 6J; tax map 30, parcel
32B; tax map 31, parcels 1, 1B, 4K, 8, 8E, 16, 16B, 44C, 45, 45B, 45C. This district, created on January 6, 1988
for not more than 6 years, since amended to continue for not more than 10 years and last reviewed on December
2, 2009, shall next be reviewed prior to December 2, 2019.
(3-2-94; Code 1988, § 2.1-4(i); Ord. 98-A(1), 8-5-98; Ord. 00-3(1), 4-19-00; Ord. 09-3(4), 12-2-09; Ord. 10-3(2), 7-
7-10; Ord. 11-3(2), 7-6-11)
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, 14A, 14A1, 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; Ord. 12-3(1), 7-11-12)
Sec. 3-227 Totier Creek Agricultural and Forestal District.
The district known as the "Totier Creek Agricultural and Forestal District" consists of the following
described properties: Tax map 121, parcels 70A, 70D, 70E, 72C, 85, 85A; tax map 122, parcels 5, 5A; tax map
127, parcel 39; tax map 128, parcels 13, 14A, 14B, 14C, 14D, 27, 29, 30, 72; tax map 129, parcels 3, 5, 6, 6A, 7A,
7D, 9; tax map 130, parcels 1, 5A; tax map 134, parcels 3, 3A, 3B, 3C, 3D, 3E, 3F, 3G, 3H, 3I, 3J, 3K, 3L; tax map
135, parcels 7, 10. This district, created on June 29, 1983 for not mor e than 10 years and last reviewed on July 6,
2011, shall next be reviewed prior to July 6, 2021.
(Code 1988, § 2.1-4(b); Ord. 98-A(1), 8-5-98; Ord. 01-3(1), 6-20-01; Ord. 11-3(1), 7-6-11)
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ATTACHMENT 6
ORDINANCE NO. 13-18(7)
AN ORDINANCE TO AMEND CHAPTER 18, ZONING, ARTICLE I, ADMINISTRATION, AND ARTICLE IV,
PROCEDURE, 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, Administration, and Article IV, Procedure, are hereby amended and reordained as follows:
By Amending:
Sec. 3.1 Definitions
Sec. 32.4.1.3 Contents of preapplication plan
Sec. 32.4.2.8 Effect of approval of initial site plan on other future and pending approvals
Sec. 32.5.2 Contents of an initial site plan
Sec. 35.1 Fees
By Amending and Renaming:
Sec. 32.8.1 Completion of on-site improvements required prior to final site plan approval issuance of a
certificate of occupancy
By Adding:
Sec. 32.5.6 Dam break inundation zones
Sec. 32.6.4 Dam break inundation zones; engineering study and mapping information
Sec. 32.8.6 Dam break inundation zones; prerequisite to development
Chapter 18. Zoning
Article I. Administration
Sec. 3.1 Definitions
. . .
Dam break inundation zone. The term “dam break inundation zone” means the area downstream of a dam that
would be inundated or otherwise directly affected by the failure of a dam that has been mapped as provided in
Virginia Code § 10.1-606.2.
Development. The term “development,” as used in regulations pertaining to dam break inundation zones, means
one or more lots developed or to be developed as a unit under single ownership or unified control which is to be
used for any business or industrial purpose or is to contain three or more dwelling units, but does not include any
lot or lots that will be principally devoted to agricultural production.
Impounding structure. The term “impounding structure” means a man-made structure, whether a dam across a
watercourse or other structure outside a watercourse, used or to be used to retain or store waters or other
materials and includes: (i) all dams that are twenty-five (25) feet or greater in height and that create an
impoundment capacity of fifteen (15) acre-feet or greater; and (ii) all dams that are six (6) feet or greater in height
and that create an impoundment capacity of fifty (50) acre-feet or greater. The term “impounding structure” does
not include dams licensed by the State Corporation Commission that are subject to a s afety inspection program;
dams owned or licensed by the United States government; dams operated primarily for agricultural purposes which
are less than twenty-five (25) feet in height or which create a maximum impoundment capacity smaller than one
hundred (100) acre-feet; water or silt retaining dams approved pursuant to Virginia Code § 45.1 -222 or 45.1-225.1;
or obstructions in a canal used to raise or lower water.
. . .
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Article IV. Procedure
Section 32. Site Plans
Sec. 32.4.1.3 Contents of preapplication plan
Each preapplication plan shall contain the following information:
a. General information. The name of the development; names of the owner, developer and individual who
prepared the plan; tax map and parcel number; boundary dimensions; zoning district; descriptions of all
proffers, special use permits and conditions thereof, special exceptions and conditions thereof, variances
and conditions thereof, application plans, codes of development and bonus factors applicable to the site;
magisterial district; county and state; north point; scale; one datum reference for elevation (if the site
includes land subject to section 30.3, flood hazard overlay district, United States Geological Survey vertical
datum shall be shown and/or correlated to plan topography); the source of the topography; departing lot
lines; minimum setback lines, yard and building separation requirements; the source of the survey; sheet
number and total number of sheets; and the names of the owners, zoning district, tax map and parce l
numbers and present uses of abutting parcels.
b. Information regarding the proposed use. Written schedules or data as necessary to demonstrate that the
site can accommodate the proposed uses, including proposed uses and maximum acreage occupied by
each use; maximum number of dwelling units by type including the number of bedrooms for multi-family
dwellings; gross residential density; square footage of recreational areas, percentage and acreage of open
space; maximum square footage for commercial and industrial uses; maximum floor area ratio and lot
coverage for industrial uses; maximum height of all structures; schedule of parking including the maximum
amount required and the amount provided; the maximum amount of impervious cover on the site; and
whether a landscape plan is required under section 32.7.9.
c. Phase lines. If phasing is planned, phase lines.
d. Topography and proposed grading. Existing topography (up to twenty [20] percent slope, maximum five [5]
foot contours, over twenty [20] percent slope, maximum ten [10] foot contours) for the entire site with
sufficient offsite topography to describe prominent and pertinent offsite features and physical
characteristics, but in no case less than fifty (50) feet outside of the site unless otherwise appr oved by the
agent; proposed grading (maximum five [5] foot contours) supplemented where necessary by spot
elevations; areas of the site where existing slopes are critical slopes.
e. Landscape features. The existing landscape features as described in section 32.7.9.4(c).
f. Watercourses and other bodies of water. The name and location of all watercourses and other bodies of
water adjacent to or on the site; indicate whether the site is located within the watershed of a public water
supply reservoir.
g. Onsite sewage system setback lines. The location of onsite sewage system setback lines from
watercourses including intermittent streams and other bodies of water.
h. Flood plain. The one hundred (100) year flood plain limits as shown on the official flood i nsurance maps for
Albemarle County.
i. Streets, easements and travelways. The existing and proposed streets, access easements, alley
easements and rights-of-way, and travelways, together with street names, state route numbers, right-of-
way lines and widths, and pavement widths.
j. Existing sewer and drainage facilities. The location and size of existing water and sewer facilities and
easements, the storm drainage system, and drainage easements.
k. Proposed sewer and drainage facilities. The proposed conceptual layout for water and sewer facilities and
the storm drainage system, indicating the direction of flow in all pipes and watercourses with arrows.
l. Existing and proposed utilities. The location of other existing and proposed utilities and utility easements,
including existing telephone, cable, electric and gas easements.
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m. Ingress and egress. The location of existing and proposed ingress to and egress from the site, showing the
distance to the centerline of the nearest existing street intersection.
n. Existing and proposed improvements. The location and dimensions of all existing and proposed
improvements including buildings (maximum footprint and height) and other structures; walkways; fences;
walls; trash containers; outdoor lighting; landscaped areas and open space; recreational areas and
facilities; parking lots and other paved areas; and loading and service areas.
o. Areas to be dedicated or reserved. All areas intended to be dedicated or reserved for public use.
p. Symbols and abbreviations. A legend showing all symbols and abbreviations used on the plan.
q. Dam break inundation zones. The limits of a dam break inundation zone.
State law reference – Va. Code §§ 15.2-2241(9), 15.2-2255, 15.2-2258, 15.2-2286(A)(8).
Sec. 32.4.2.8 Effect of approval of initial site plan on other future and pending approvals
The approval of an initial site plan affects the following pending and future approvals:
a. Issues pertaining to a certificate of appropriateness. An approved initial site plan that has complied with the
architectural review board’s requirements identified under section 32.4.2.2(b) shall be deemed to be
consistent with the applicable design guidelines pertaining to the elements of sections 30.6.4(c)(2), (3) and
(5) delineated in section 32.4.2.2(b)(1).
b. Erosion and sediment control plan and grading permit; conventional zoning districts . On any site within a
conventional zoning district, including any conventional zoning district also within an entrance corridor
overlay district, an approved initial site plan is an “approved site plan” within the meaning of section 17-
204(E). As such, an erosion and sediment control plan and corresponding grading permit may be
approved under chapter 17, provided that the developer has satisfied the conditions of approval identified
by the agent in the letter required by section 32.4.2.5(c), and further provided that any site within a dam
break inundation zone is subject to section 32.8.6.
c. Erosion and sediment control plan and grading permit; pla nned development zoning districts.
Notwithstanding section 8.5.5.4(c) but subject to sections 32.6.4 and 32.8.6, on any site within a planned
development zoning district, including a planned development zoning district also within an entrance
corridor overlay district, an approved initial site plan is an “approved site plan” within the meaning of
section 17-204(E). As such, an erosion and sediment control plan and corresponding grading permit may
be approved under chapter 17, provided that the developer has satisfied the conditions of approval
identified by the agent in the letter required by section 32.4.2.5(c), and further provided that any site within
a dam break inundation zone is subject to section 32.8.6. Except as provided in sections 32.6.4 and
32.8.6, nothing in this section shall affect the ability of a developer to obtain approval of an erosion and
sediment control plan and corresponding grading permit prior to approval of an initial site plan as provided
in section 8.5.5.4(b).
State law reference – Va. Code §§ 10.1-563, 15.2-2241, 15.2-2286(A)(4), 15.2-2306.
Sec. 32.5.2 Contents of an initial site plan
Each initial site plan shall contain the following information:
a. General information. The name of the development; names of the owner, developer and individual who
prepared the plan; tax map and parcel number; boundary dimensions; zoning district; descriptions of all
proffers, special use permits and conditions thereof, special exceptions and conditions thereof, variances
and conditions thereof, application plans, codes of development and bonus factors applicable to the site;
magisterial district; county and state; north point; scale; one datum reference for elevation (where section
30.3, flood hazard overlay district, is involved, United States Geological Survey vertical datum shall be
shown and/or correlated to plan topography); the source of the topography; departing lot lines; minimum
setback lines, yard and building separation requirements; the source of the survey; sheet number and total
number of sheets; and the names of the owners, zoning district, tax map and parcel numbers and present
uses of abutting parcels.
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b. Information regarding the proposed use. Written schedules or data as necessary to demonstrate that the
site can accommodate the proposed uses, including proposed uses and maximum acreage occupied by
each use; maximum number of dwelling units by type including the number of bedrooms for multi-family
dwellings; gross residential density; square footage of recreational areas; the percentage and acreage of
open space; maximum square footage for commercial and industrial uses; maximum floor area ratio and
lot coverage for industrial use; maximum height of all structures; schedule of parking including the
maximum amount required and the amount provided; the maximum amount of impervious cover on the
site; and if a landscape plan is required, the maximum amount of paved parking and other vehicular
circulation areas.
c. Phase lines. If phasing is planned, phase lines and the proposed timing of development.
d. Topography and proposed grading. Existing topography (up to twenty [20] percent slope, maximum five [5]
foot contours, over twenty [20] percent slope, maximum ten [10] foot contours) for the entire site with
sufficient offsite topography to describe prominent and pertinent offsite features and physical
characteristics, but in no case less than fifty (50) feet outside of the site unless otherwise approved by the
agent; proposed grading (maximum five [5] foot contours) supplemented wh ere necessary by spot
elevations; areas of the site where existing slopes are critical slopes.
e. Landscape features. The existing landscape features as described in section 32.7.9.4(c).
f. Watercourses and other bodies of water. The name and location of all watercourses and other bodies of
water adjacent to or on the site; indicate whether the site is located within the watershed of a public water
supply reservoir.
g. Onsite sewage system setback lines. The location of onsite sewage system setback lines from
watercourses including intermittent streams and other bodies of water.
h. Flood plain. The one hundred year flood plain limits as shown on the official flood insurance maps for
Albemarle County.
i. Streets, easements and travelways. The existing and proposed streets, including proposed bike lanes,
access easements, alley easements and rights-of-way, and travelways, together with street names, state
route numbers, right-of-way lines and widths, centerline radii and pavement widths.
j. Existing sewer and drainage facilities. The location and size of existing water and sewer facilities and
easements, the storm drainage system, drainage channels, and drainage easements.
k. Proposed sewer and drainage facilities. The proposed conceptual layout for water and sewer facilities and
the storm drainage system, indicating the direction of flow in all pipes and watercourses with arrows.
l. Existing and proposed utilities. The location of other existing and proposed utilities and utility easements,
including existing telephone, cable, electric and gas easements.
m. Ingress and egress. The location of existing and proposed ingress to and egress from the property,
showing the distance to the centerline of the nearest existing street intersection.
n. Existing and proposed improvements. The location and dimensions of all existing and proposed
improvements including buildings (maximum footprint and height) and other structures; walkways; fences;
walls; trash containers; outdoor lighting; landscaped areas and open spac e; recreational areas and
facilities; parking lots and other paved areas; loading and service areas; signs; and the proposed paving
material types for all walks, parking lots and driveways.
o. Areas to be dedicated or reserved. All areas intended to be dedicated or reserved for public use under
sections 32.7.1.1, 32.7.1.2 and 32.7.1.3, and shall include a note on the plan stating that the land is to be
dedicated or reserved for public use.
p. Landscape plan. A landscape plan that complies with section 32.7.9, if it is required to be submitted with
the initial site plan.
q. Traffic generation figures. If deemed appropriate by the agent due to the intensity of the development,
estimated traffic generation figures for the site based on current Virginia Department of Transportation
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rates; indicate the estimated number of vehicles per day and the direction of travel for all connections from
the site to a public street.
r. Symbols and abbreviations. A legend showing all symbols and abbreviations used on the plan.
s. Additional information. The agent may require additional information to be shown on the initial site plan as
deemed necessary to provide sufficient information for the agent and the site review committee to
adequately review the plan.
t. Dam break inundation zones. The limits of a dam break inundation zone.
State law reference – Va. Code §§ 15.2-2241(1), 15.2-2258, 15.2-2286(A)(8).
Sec. 32.5.6 Dam break inundation zones
If the proposed development is located wholly or partially within a dam break inundation zone, the site review
committee shall review the initial site plan as follows: (i) it shall review the dam break inundation zone map on file
with the county for the affected impounding structure; (ii) notify the dam owner about the propose d development;
and (iii) within ten (10) days after the application is deemed complete, send a written request to the Virginia
Department of Conservation and Recreation to make a determination of the potential impacts of the proposed
development on the spillway design flood standards required for the dam as provided in Virginia Code § 10.1 -
606.3.
State law reference--Va. Code §§ 10.1-606.3, 15.2-2243.1.
Sec. 32.6.4 Dam break inundation zones; engineering study and mapping information
If the proposed development is located wholly or partially within a dam break inundation zone, the developer shall
submit with the final site plan the following:
a. Engineering study. If the Virginia Department of Conservation and Recreation determines that a plan of
development proposed by a developer would change the spillway design flood standards of an impounding
structure pursuant to Virginia Code § 10.1-606.3, the developer shall submit an engineering study in
conformance with the Virginia Soil and Water Conservation Board’s standards under the Virginia Dam
Safety Act in Virginia Code § 10.1-604 et seq. and the Virginia Impounding Structure regulations in 4 VAC
50-20. The engineering study shall be reviewed and acted upon by the Virginia Department of
Conservation and Recreation as provided in Virginia Code § 15.2-2243.1.
b. Mapping information. The developer shall provide the dam owner, the county, and any other affected
localities with information necessary for the dam owner to update the dam break inundation zone ma p to
reflect any new development within the dam break inundation zone following completion of the
development.
State law reference--Va. Code §§ 10.1-606.3, 15.2-2243.1.
Sec. 32.8.1 Completion of on-site improvements required prior to issuance of a certificate of occupancy
Except as provided in section 32.8.2, all on-site improvements required by section 32.7 shall be completed prior to
approval of issuance of a certificate of occupancy. Prior to issuance of the certificate of occupancy:
a. Certification regarding all completed improvements. The developer shall submit to the agent a certificate of
completion of all of the improvements prepared by a professional engineer or a land surveyor, to the limits
of his license; and
b. Certification of payment. The developer shall certify to the agent that all of the construction costs for the
improvements, including those for materials and labor, have been paid to the person constructing the
improvements.
State law reference – Va. Code §§ 15.2-2241(5), 15.2-2241(9), 15.2-2255.
Sec. 32.8.6 Dam break inundation zones; prerequisite to development
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Following the completion of the engineering studies in accordance with Virginia Code § 15.2 -2243.1(A) and the
determination by the Virginia Department of Conservation and Recreation that the developer’s plan of development
would change the spillway design flood standards of the impounding structure, before any development within a
dam break inundation zone:
a. Payment for portion of necessary upgrades. The developer shall pay fifty (50) percent of the contract-ready
costs for necessary upgrades to an impounding structure attributable to the development, together with an
administrative fee not to exceed one (1) percent of the total amount of payment required or one thousand
dollars ($1,000.00), whichever is less. Any payments shall be made to the Dam Safety, Flood Prevention
and Protection Assistance Fund held by the Virginia Resources Authority pursuant to Virginia Code § 10.1 -
603.19:1. “Necessary upgrades” do not include costs associated with routine operation, maintenance, and
repair, nor do they include repairs or upgrades to the impounding structure not made necessary by the
proposed development; or
b. Redesign the development. The developer shall amend the site plan so that it does not alter the spillway
design flood standards required of the impounding structure.
State law reference--Va. Code §§ 10..1-606.3, 15.2-2243.1.
Sec. 35.1 Fees
Each applicant shall pay the following applicable fees, provided that neither the county nor the county school board
shall be required to pay any fee if it is the applicant:
. . .
d. Site plans:
1. Initial site plans: $1200.00 plus $15 per dwelling unit and $0.015 per square foot of nonresidential
structure; the fee paid for preapplication plans shall be applied to the fee for initial site plans
2. Preapplication plans: $500.00
3. Final site plans: $1500.00
4. Exception to drawing of site plan under section 32.3.5(a): $1500.00
5. Site plan amendments under section 32.3.3(b): $500.00 (minor); $100.00 (letter of revision)
6. Site plan amendments under section 32.3.3(b) (major): $1500.00
7. Appeals under section 32.4.2.6: $240.00
8. Reinstatement of review under sections 32.4.2.1(d) and 32.4.3.1(e): $240.00
9. Reinstatement of review under section 32.4.2.5(e): $80.00
10. Extension of period of validity: $475.00
11. Inspections pertaining to secured site plan improvements; per inspection: $280.00
12. Deferral of scheduled public meeting at applicant’s request: $1 80.00
13. Dam break inundation zones; administrative fee as required by section 32.8.6: One percent of the
total amount of payment required by section 32.8.6 or one thousand dollars ($1,000.00),
whichever is less. (Payment made to the Dam Safety, Flood Pre vention and Protection Assistance
Fund held by the Virginia Resources Authority).
. . .
Except as provided in subsection (d)(13), tThe fee shall be in the form of cash or a check payable to the “County of
Albemarle.” An application presented without the required fee shall not be deemed to be submitted and shall not
be processed, provided that for applications for zoning map amendments and special use permits, the fee shall be
paid when the application is determined to be complete. If the zoning administ rator determines after a fee has
been paid that the review and approval to which the fee pertains is not required to establish the use or structure,
the fee shall be refunded to the applicant in full.
(Amended 5- 5-82; 9-1-85; 7-1-87; 6-7-89; 12-11-91 to be effective 4-1-92; 7- 8-92; Ord. 10-18(7), adopted 8-4-10,
effective 1-1-11; Ord. 11-18(1), 1-12-11; Ord. 11-18(7), 6-1-11; Ord. 12-18(6), 10-3-12, effective 1-1-13; Ord. 12-
18(7), 12-5-12, effective 4-1-13)
State law reference – Va. Code §§ 15.2-2286(A)(6), 15.2-2241(9), 15.2-2243.1.
This ordinance is effective on and after January 1, 2014.
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ATTACHMENT 7
ORDINANCE NO. 13-14(1)
AN ORDINANCE TO AMEND CHAPTER 14, SUBDIVISION OF LAND,ARTICLE I, GENERAL PROVISIONS,
ARTICLE II ADMINISTRATION AND PROCEDURE, 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 II, Administration and Procedure, Article III, Subdivision Plat
Requirements, and Article IV, On-Site Improvements and Design, are hereby amended and reordained as follows:
By Amending:
Sec. 14-105 Rules of construction
Sec. 14-106 Definitions
Sec. 14-200 Designation of agent; powers and duties
Sec. 14-201 Designation of commission; powers and duties
Sec. 14-202 Establishment of site review committee; powers and duties
Sec. 14-203 Fees
Sec. 14-208 Family subdivisions
Sec. 14-208.1 Boundary line adjustments
Sec. 14-208.2 Easement plats
Sec. 14-211 Family subdivisions; conditions precedent
Sec. 14-212 Family subdivisions; conditions of approval
Sec. 14-213 General
Sec. 14-303 Contents of final plat
Sec. 14-305 Stormwater management information
Sec. 14-317 Instrument evidencing maintenance of certain improvements
Sec. 14-401 Double frontage lots
Sec. 14-402 Lot shape
Sec. 14-404 Lot location to allow access from lot onto street or shared driveway
Sec. 14-405 Side lot lines
Sec. 14-407 Block width
Sec. 14-409 Coordination and extension of streets
Sec. 14-410 Standards for all streets and alleys
Sec. 14-412 Standards for private streets only
Sec. 14-414 Public water and sewerage systems
Sec. 14-419 Landscaping for double frontage lots
Sec. 14-420 Location of utilities above- and underground
Sec. 14-422 Sidewalks and planting strips
Sec. 14-434 Completion of on-site improvements required prior to plat approval
Sec. 14-435.1 Surety for maintenance of streets until accepted into state system
Sec. 14-436 Release of surety
Sec. 14-437 Effect of acceptance or approval of improvements
Sec. 14-438 Inspections; right of entry
Sec. 14-439 Improvements completed at expense of subdivider; exception
By Amending and Renaming:
Sec. 14-206 Subdivisions other than rural subdivisions, two lot subdivisions, subdivisions following final site
plan approval, subdivisions creating one special lot and one residue lot, family subdivisions, and
boundary line adjustments and easement plats
Sec. 14-207 Rural subdivisions, two lot subdivisions, subdivisions following final site plan approval, and
subdivisions creating one special lot and one residue lot
Sec. 14-212.1 Boundary line adjustment; procedure
Sec. 14-304 Request for critical slopes waiver to disturb critical slopes
Sec. 14-417 Stormwater management and drainage control facilities and other control measures
Sec. 14-431 Easements for facilities for stormwater management and drainage control facilities and other
control measures
Sec. 14-435 Surety in lieu of completion of on-site improvements Agreement and surety
20
Sec. 14-440 County and other public entities not obligated to maintain improvements
By Amending and Renumbering:
Old New
Sec. 14-217 Sec. 14-219 Review of preliminary plat by site review committee
Sec. 14-219 Sec. 14-222 Review and action on preliminary plat by agent
Sec. 14-222 Sec. 14-227 Review of final plat by site review committee
Sec. 14-224 Sec. 14-230 Review and action on final plat by agent
Sec. 14-228 Sec. 14-224 Period of validity of approved preliminary plat
Sec. 14-229 Sec. 14-231.1 Period of validity of approved final plat
By Amending, Renumbering and Renaming:
Old New
Sec. 14-216 Sec. 14-218 Submittal of preliminary plat; determination of completeness
Sec. 14-221 Sec. 14-226 Submittal of final plat; determination of completeness
Sec. 14-231.1 Sec. 14-202.1 Changes or revisions to preliminary or final plat Amendments to a plat
By Amending and Combining Multiple Sections:
Old New
Sec. 14-224.1 Sec. 14-203.1 Variations and exceptions
Sec. 14-225.1
Sec. 14-209 Sec. 14-209 Rural subdivisions; family subdivisions; subdivisions creating a special
Sec. 14-210 lot and one residue lot; subdivisions resulting in not more than t wo lots;
Sec. 14-212.1 (part) subdivisions after approval of a final site plan; easement plats; boundary line
Sec. 14-212.3 adjustments; procedure
Sec. 14-212.4
By Amending, Renaming and Separating Into Multiple Sections:
Old New
Sec. 14-215 Preliminary application conference Sec. 14-214 Preapplication conference
Sec. 14-215 Contents of preapplication schematic plat
Sec. 14-226 Appeal of disapproval of preliminary Sec. 14-223 Appeal and judicial review of disapproval
or final plat; resubmittal of preliminary plat
Sec. 14-231 Appeal and judicial review of disapproval of
final plat
By Adding:
Sec. 14-203.2 Appeals of decisions pertaining to variations and exceptions
Sec. 14-217 Review of preapplication schematic plat
Sec. 14-220 Revisions to preliminary plat to address required changes
Sec. 14-221 Deferral of review of preliminary plat; when application deemed withdrawn
Sec. 14-225 Effect of approval of preliminary plat on other future and pending approvals
Sec. 14-228 Revisions to final plat to address required changes
Sec. 14-307 Stream crossings
Sec. 14-307.1 Dam break inundation zones
Sec. 14-318 Dam break inundations zones; engineering study and mapping information
Sec. 14-441 Dam break inundation zones; prerequisites to development
By Repealing:
Sec. 14-212.3 Resubdivision without vacation of plat; procedure
Sec. 14-218 Determining whether agent or commission reviews and acts on preliminary plat
Sec. 14-223 Determining whether agent or commission reviews and acts on final plat
Sec. 14-225 Review and action on final plat by commission
Chapter 14
Subdivision of Land
Article I. General Provisions
21
Sec. 14-105 Rules of construction.
This chapter protects paramount public interests and shall be liberally construed to effectuate its several
purposes. In addition to the rules of construction set forth in section 1-101 of the Code, the following rules of
construction apply to the construction of this chapter, unless the application would be contrary to the purposes of
this chapter or the context clearly indicates otherwise:
A. All references to any statute, regulation, guideline, manual or standard are to that statute,
regulation, guideline, manual or standard as it exists on the date of adoption of this chapter, and includes any
amendment thereafter or reissue in a subsequent edition.
B. The word “days” means calendar days.
C. All distances and areas shall be measured in a horizontal plane.
D. The word “current” means the point in time at which a matter is under consideration and shall not
mean the date of the adoption of this chapter.
E. The word “street,” when not preceded by either “public” or “private,” means either a public street or
a private street.
F. All provisions requiring that improvements be designed or constructed to prescribed standards, or
otherwise comply with delineated standards, refer to the minimum standard and nothing in chapter 14 shall prohibit
an improvement from exceeding the standard.
(9-5-96, 4-13-88, 2-4-81, 3-29-78, 12-15-76, 4-21-76, 8-28-74; 1988 Code, § 18-2 (part); Ord. 98-A(1), 7-15-98;
Ord. 05-14(1), 4-20-05, effective 6-20-05)
State law reference--Va. Code §§ 15.2-2240, 15.2-2241(9).
Sec. 14-106 Definitions.
The following definitions shall apply in the interpretation and enf orcement of this chapter:
. . .
Control measure. The term “control measure” means any best management practice (“BMP”), stormwater
facility, or other method used to minimize the discharge of pollutants to state waters.
. . .
Dam break inundation zone. The term “dam break inundation zone” means the area downstream of a dam
that would be inundated or otherwise directly affected by the failure of a dam that has been mapped as provided in
Virginia Code § 10.1-606.2.
. . .
Development. The term “development,” as used in regulations pertaining to dam break inundation zones,
means one or more lots developed or to be developed as a unit under single ownership or unified control which is
to be used for any business or industrial purpose or is to contain three or more dwelling units, but does not include
any lot or lots that will be principally devoted to agricultural production.
. . .
Easement plat. The term “easement plat” means the schematic representation of an easement required
by, and subject to review and approval by the county under, this chapter, which includes a statement of the specific
purpose for which the easement is established.
. . .
Impounding structure. The term “impounding structure” means a man-made structure, whether a dam
across a watercourse or other structure outside a watercourse, used or to be used to retain or store waters or other
22
materials and includes: (i) all dams that are twenty-five (25) feet or greater in height and that create an
impoundment capacity of fifteen (15) acre-feet or greater; and (ii) all dams that are six (6) feet or greater in height
and that create an impoundment capacity of fifty (50) acre-feet or greater. The term “impounding structure” does
not include dams licensed by the State Corporation Commission that ar e subject to a safety inspection program;
dams owned or licensed by the United States government; dams operated primarily for agricultural purposes which
are less than twenty-five (25) feet in height or which create a maximum impoundment capacity smaller t han one
hundred (100) acre-feet; water or silt retaining dams approved pursuant to Virginia Code § 45.1 -222 or 45.1-225.1;
or obstructions in a canal used to raise or lower water.
Improvement. The term “improvement” means all public utilities and facilit ies required by this chapter,
including, but not limited to, streets, turnarounds, traffic signalization and controls, sanitary sewers, stormwater
management facilities, and erosion control facilities, control measures, water systems, curbs, curbs and gutt ers,
and sidewalks, regardless of whether such utilities and facilities are publicly or privately owned and/or maintained.
. . .
State waters. The term “state waters” means all waters, on the surface and under the ground, wholly or
partially within or bordering the Commonwealth or within its jurisdiction, including wetlands.
Stormwater management facility. The term “stormwater management facility” means a control measure
that controls stormwater runoff and changes the characteristics of that runoff incl uding, but not limited to, the
quantity and quality, the period of release, or the velocity of flow.
Stormwater management plan. The term “stormwater management plan” means a document or documents
containing material for describing the methods for complying with the requirements of the Virginia Stormwater
Management Program implemented in chapter 17 of the code.
Stormwater runoff. The term “stormwater runoff” means that portion of precipitation that is discharged
across the land surface or through conveyances to one or more waterways.
. . .
Subdivision. The term “subdivision” means any division of land, and includes rural subdivisions, family
subdivisions, and the establishment of a condominium regime. For purposes of this chapter, a boundary line
adjustment is also a “subdivision.”
. . .
(§ 18-2 (part) 9-5-96, 4-13-88, 7-9-86, 3-29-78, 12-15-76, 4-21-76; § 18-56, 9-5-96, 10-17-79, 8-28-74; 1988 Code,
§§ 18-2, 18-56; Ord. 98-A(1), 7-15-98; Ord. 02-14(1), 2-6-02; Ord. 05-14(1), 4-20-05, effective 6-20-05; Ord. 11-
14(1), 6-1-11)
State law reference--Va. Code § 15.2-2252.
Article II. Administration and Procedure
Division 1. Administration
Sec. 14-200 Designation of agent; powers and duties.
The director of community development is hereby designat ed the agent of the board of supervisors for the
purpose of administering chapter 14 except as otherwise expressly provided. The agent shall have the powers and
duties to:
A. Receive, process and act on all applications as provided in chapter 14.
23
B. Establish reasonable administrative procedures as deemed necessary for the proper and efficient
administration of chapter 14.
C. Make all determinations and findings and impose all applicable requirements in reviewing an
application under chapter 14.
D. Consider and act on requests to vary or except the regulations of chapter 14 as provided in section
14-203.1.
(9-5-96, 8-28-74 (§ 2); 1988 Code, § 18-10; Ord. 98-A(1), 7-15-98; Ord. 05-14(1), 4-20-05, effective 6-20-05)
State law reference--Va. Code §§ 15.2-2241(9), 15.2-2255, 15.2-2259.
Sec. 14-201 Designation of commission; powers and duties.
The commission shall have the following powers and duties in the administration of this chapter:
A. To initiate amendments to this chapter and to make recommendations on the amendments and on
proposed amendments referred to it by the board of supervisors.
B. Consider and act on requests to vary or except the regulations of chapter 14 as provided in section
14-203.1.
C. To consult with and advise the agent on matters contained in this chapter.
(Ord. 98-A(1), 7-15-98; Ord. 05-14(1), 4-20-05, effective 6-20-05)
State law reference--Va. Code §§ 15.2-2241(9), 15.2-2251, 15.2-2253, 15.2-2255.
Sec. 14-202 Establishment of site review committee; powers and duties.
A site review committee is hereby established and it shall be composed of representatives of the
department of community development, the department of fire rescue, the Albemarle County Service Authority, the
Virginia Department of Health, the Virginia Department of Transportation, the United States Department of
Agriculture, and the Natural Resource Conservation Service. Each member of the site review committee shall
identify the requirements and may make recommendations on those matters within the authority of the bodies and
entities that they represent. The site review committee shall have the powers and duties to:
A. Meet from time to time to review plats as provided in chapter 14, including requests for variations
or exceptions.
B. Transmit to the agent the requirements and recommendations it has identified regarding each plat,
and information and recommendations on each request for a variation or exception.
C. Propose rules for the conduct of its business to the agent, which shall be established and
approved as administrative procedures under section 14-200.
(Ord. 98-A(1), 7-15-98; Ord. 05-14(1), 4-20-05, effective 6-20-05)
State law reference – Va. Code §§ 15.2-2241(9), 15.2-2255.
Sec. 14-202.1 Amendments to a plat.
Changes, revisions or erasures (collectively, “amendments”) to a plat may be made as follows:
A. Prior to approval. Before a plat is approved by the agent, the subdivider may amend a plat or
accompanying data sheet that has been submitted to the county if the agent authorizes the amendment in writing
or if the site review committee requires the amendment in its review of the plat. The procedures and requirements
for preliminary and final plats apply to amendments to a plat.
B. After approval. After a plat is approved by the agent, the subdivider may amend the plat if the
amended plat is submitted, reviewed and approved as provided in section 14 -209 or sections 14-213 through 14-
24
231.1, as applicable; provided that the agent may approve amendments to an approved fin al plat without
proceeding under section 14-209 or 14-213 through 14-231.1, as applicable, if he determines that the plat, as
amended: (i) complies with all requirements of this chapter and all other applicable laws; (ii) is substantially the
same as the approved plat or site plan; and (iii) will have no additional adverse impact on adjacent land or public
facilities.
C. Signature by owner. An amended final plat shall be signed by the owner as provided in section 14 -
303(O).
(Ord. 98-A(1), 8-5-98; § 14-238; Ord. 05-14(1), 4-20-05, effective 6-20-05; § 14-231.1)
State law reference – Va. Code §§ 15.2-2241(9), 15.2-2255.
Sec. 14-203 Fees.
Each subdivider shall pay a fee upon the submittal of a plat or other application, based on the schedule
below; provided that neither the county nor the county school board shall be required to pay any fee if it is the
applicant. Except as provided in subsection (H)(7), the fee shall be in the form of cash or a check payable to the
“County of Albemarle.”
A. Preliminary plat:
1. If subject to review by the agent:
(a) Two-lot subdivision as described in section 14-232(B)(2) or if all lots front on an
existing public street: $250.00.
(b) 1 to 9 lots: $1,150.00.
(c) 10 to 19 lots: $1,150.00.
(d) 20 or more lots: $1,150.00.
2. Reinstatement of review: $520.00.
3. Each filing of a preliminary plat, whether or not a preliminary plat for the same property
has been filed previously: The applicable preliminary plat fee.
B. Final plat:
1. If subject to review by the agent:
(a) Two-lot subdivision as described in section 14-232(B)(2) or if all lots front on an
existing public street: $540.00.
(b) 1 to 9 lots: $1,000.00.
(c) 10 to 19 lots: $1,100.00.
(d) 20 or more lots: $1,230.00.
2. Condominium plat: $100.00.
3. Reinstatement of review: $520.00.
C. Other subdivision plats:
1. Plat for a rural subdivision, family subdivision, or resubdivision: $690.00.
2. Plat for a boundary line adjustment: $200.00.
3. Plat creating one or more special lots and one residue lot: $88.00.
D. Easement plat or plats, per easement:
1. Easement plat(s) without a deed: $490.00.
2. Easement plat(s) with a deed: $760.00.
25
3. Easement plat(s) required with a site plan: $200.00.
4. Easement plat(s) amending a previously approved easement plat(s): $200.00.
E. Streets:
1. Public road plans: $250.00 for each review of a submitted plan, including reviews of
revisions after plan approval.
2. Private road plans: $400.00 for each review of a submitted plan, including reviews of
revisions after plan approval.
3. Authorization for one or more private streets within a subdivision filed separately from a
subdivision application: $670.00.
4. Variation to or exception from one or more street standards before approval of a
preliminary plat: $540.00.
5. Variation to or exception from curb and/or gutter requirements before approval of a
preliminary plat: $540.00.
6. Variation to or exception from street interconnection requirements before approval of a
preliminary plat: $540.00.
7. If required to construct a street, the subdivider shall pay to the county a fee equal to the
cost of the inspection of the construction of any such street. These fees shall be paid prior
to completion of all necessary inspections and shall be deemed a part of the cost of
construction of the street for purposes of section 14-435(B).
F. Bonds:
1. Bond estimate request for subdivision improvements: $250.00.
2. Bonding inspection for a plat or bond reduction: $250.00.
G. Groundwater assessment information required by section 14-308.1:
1. Tier 1 assessment under section 17-401: $50.00.
2. Tier 2 assessment under section 17-402: $330.00.
3. Tier 3 assessment under section 17-403: $510.00.
4. Tier 4 assessm ent under section 17-404: $1,100.00.
H. Other matters subject to review:
1. Variation to or exception from any requirement of this chapter for which a variation or
exception is authorized after approval of a preliminary plat and before approval of a fi nal
plat: $830.00.
2. Variation to or exception from any requirement of this chapter for which a variation or
exception is authorized after approval of a final plat: $830.00.
3. Relief from plat conditions imposed by the commission prior to the date of adoption of this
chapter: $390.00.
4. Appeal of a plat decision to the board of supervisors: $270.00.
5. Extension of a plat approval: $120.00.
26
6. Vacation of a plat or part thereof: $240.00.
7. Dam break inundation zones; administrative fee as required by section 14-441: One
percent of the total amount of payment required by section 14-441 or one thousand dollars
($1,000.00), whichever is less. (Payment made to the Dam Safety, Flood Prevention and
Protection Assistance Fund held by the Virginia Resou rces Authority).
I. Notices as required by section 14-218:
1. Preparing and mailing or delivering up to fifty (50) notices: $200.00.
2. Preparing and mailing or delivering, per notice more than fifty (50): $1.00 plus the actual
cost of first class postage.
(9-5-96, 12-11-91, 6-7-89, 4-17-85, 12-1-82, 12-14-77, 3-2-77, 11-10-76, 8-28-74 (§ 3); 1988 Code, § 18-43; Ord.
98-A(1), 7-15-98; Ord. 99-14(1), 6-16-99; Ord. 02-14(2), 7-3-02; Ord. 04-14(1), adopted 12-8-04, effective 2-8-05;
Ord. 05-14(1), 4-20-05, effective 6-20-05; Ord. 09-14(1), 5-13-09, effective 10-1-09; Ord. 11-14(1), 6-1-11)
State law reference--Va. Code § 15.2-2241(9).
Sec. 14-203.1 Variations and exceptions.
The requirements of this chapter may be varied or excepted as follows:
A. Exception from requirement to provide certain details in subdivision plat. The agent may except
certain details of a plat and any other information required by sections 14 -302 through 14-318 expressly authorized
to be varied or excepted, as provided herein:
1. Request for exception. A subdivider requesting an exception shall submit to the agent a
written request stating the reasons for the request and addressing the applicable finding in subsection (A)(2).
2. Finding. An exception may be approved if the agent finds that unusual situations exist or
that strict adherence to requiring the details in sections 14-302 or 14-303 would result in substantial injustice or
hardship. This finding shall be supported by information from the site review committee that al l of the details
required by sections 14-302 and 14-303 are not necessary for its review of the proposed subdivision, and from the
zoning administrator, in consultation with the county engineer, that the details waived are not necessary to
determine that the subdivision is developed in compliance with this chapter and all other applicable laws.
3. Action by the agent on a request. The agent may approve or deny the request. In
approving an exception, the agent shall identify the details otherwise required by sections 14-302 and 14-303 that
are excepted.
B. Variation or exception from any requirement of section 14-400 et seq. The agent or the
commission may vary or except any requirement of section 14-400 through 14-441 expressly authorized to be
varied or excepted by the agent or the commission, as the case may be, as provided herein:
1. Request for a variation or exception. A subdivider requesting a variation or exception shall
submit to the agent a written request stating the reasons for the request and addressing the applicable findings in
subsections (B)(2) and (B)(3) and all of the information required to be submitted by the applicable regulation. When
a variation is requested, the subdivider also shall describe the proposed substituted technique, des ign or materials
composing the substituted improvement. The request should be submitted before the site review committee
considers the preliminary plat, if applicable. The agent may request that the site review committee provide
information and a recommendation on any request for a variation or exception. If the commission is authorized to
grant the variation or exception, the agent shall forward his and the site committee’s recommendations to the
commission.
2. Findings required for a variation. The agent or the commission may approve a request for
a variation to substitute a required improvement upon finding that because of an unusual situation, the subdivider’s
substitution of a technique, design or materials of comparable quality from that required by the applicable
regulation results in an improvement that substantially satisfies the overall purposes of this chapter in a manner
equal to or exceeding the desired effects of the requirement in the applicable regulation.
27
3. Findings required for an exception. The agent or the commission may approve a request
for an exception from any requirement of the applicable regulation upon finding that: (i) because of an unusual
situation, including but not limited to, the unusual size, topography, shape of the site or the location of the site; or
(ii) when strict adherence to the requirements would result in substantial injustice or hardship by, including but not
limited to, resulting in the significant degradation of the site or to adjacent properties, causing a det riment to the
public health, safety or welfare, or by inhibiting the orderly development of the area or the application of sound
engineering practices.
4. Action by the agent on a request; conditions. The agent or the commission may approve,
approve with conditions, or deny the request. If a request is approved, the agent, for himself or on behalf of the
commission, shall prepare a written statement regarding the findings made. If a request is denied, the agent, for
himself or on behalf of the commission, shall inform the developer in writing within five (5) days after the denial,
and include a statement explaining why the request was denied. In approving a request, the agent or the
commission may impose reasonable conditions deemed necessary to protect the public health, safety or welfare.
C. Appeals. The decision of the agent or the commission may be appealed as provided in section 14 -
203.2.
§ 14-224.1: (Ord. 05-14(1), 4-20-05, effective 6-20-05; Ord. 09-14(2), 10-14-09)
§ 14-225.1: (9-5-96, 8-28-74 (§ 10); 1988 Code, § 18-3; Ord. 98-A(1), 8-5-98, § 14-237; Ord. 05-14(1), 4-20-05,
effective 6-20-05; Ord. 09-14(2), 10-14-09)
State law reference – Va. Code §§ 15.2-2241(9), 15.2-2242(1).
Sec. 14-203.2 Appeals of decisions pertaining to variations and exceptions.
A denial of a request for a variation or an exception or the approval of a variation or exception with
conditions objectionable to the subdivider may be appealed by the subdivider as follows:
A. To the planning commission. A subdivider may appeal the decision of the agent to the commission
by submitting a written request for appeal to the agent within ten (10) days after the date of the agent’s decision. In
acting on an appeal, the commission shall consider the recommendation of the agent and all other relevant
evidence, and apply the applicable findings provided in section 14 -203.1. The commission may approve or deny
the request. In approving a request on an appeal from a decision under section 14 -203.1(B), the commission may
impose reasonable conditions deemed necessary to protect the public health, safety or welfare.
B. To the board of supervisors. A subdivider may appeal the decision of the commission to the board
of supervisors by submitting a written request for appeal to the clerk of the board of supervisors within ten (10)
days after the date of the commission decision. In acting on an appeal, the board shall consider the
recommendation of the agent and all other relevant evidence, and apply the applicable findings provided in section
14-203.1. The board may approve or deny the request. In approving a request on an appeal from a decision under
section 14-203.1(B), the board may impose reasonable conditions deemed necessary to protect the public health,
safety or welfare.
C. Effect of filing appeal. An appeal shall suspend the running of the time by which the agent must act
on a plat under sections 14-209, 14-222 or 14-230, as applicable from the date the appeal is submitted until the
date the commission or the board of supervisors acts on the appeal, whichever takes the last action.
State law reference – Va. Code § 15.2-2242(1).
Division 2. Provisions of Chapter Applicable to Subdivisions and Easement Plats
Sec. 14-206 Subdivisions other than rural subdivisions, two lot subdivisions, subdivisions following
final site plan approval, subdivisions creating one special lot and one residue lot, family
subdivisions, boundary line adjustments and easement plats.
The following sections of this chapter shall apply to each subdivision that is not a rural subdivision, a
subdivision resulting in two lots, a subdivision following final site plan approval, a subdivision creating one special
lot and one residue lot, a family subdivision, a boundary line adjustment or an easement plat:
28
A. General: Sections 14-100 through 14-108.
B. Administration and procedure: Sections 14-200 through 14-204, and 14-213 through 14-236.
C. Plat requirements and documents to be submitted: Sections 14-300 through 14-318.
D. On-site improvements and design: Sections 14-400 through 14-441.
(Ord. 98-A(1), 7-15-98; Ord. 01-14(1), 5-9-01; Ord. 05-14(1), 4-20-05, effective 6-20-05)
State law reference--Va. Code § 15.2-2241(9).
Sec. 14-207 Rural subdivisions, two lot subdivisions, subdivisions following fin al site plan approval,
and subdivisions creating one special lot and one residue lot.
The following sections of this chapter shall apply to each rural subdivision, a subdivision resulting in two
lots, a subdivision following final site plan approval, and a subdivision creating one special lot and one residue lot:
A. General: Sections 14-100 through 14-108.
B. Administration and procedure: Sections 14-200 through 14-204 and sections 14-209, 14-231, 14-
231.1 and 14-236.
C. Plat requirements and documents to be submitted: Sections 14-300, 14-301, 14-302(A)(1), (3),
(4), (5), (6), (7), (9), (10), (11), (14), (15) and (16), 14-302(B)(1), (2), (4), (5), (6), (7), (8), (9) and (10), 14-303(A),
(B), (C), (D), (E), (F), (H), (I), (L), (O) and (P), 14-304, 14-305(B), 14-307, 14-307.1, 14-308.1, 14-309, 14-310, 14-
312, 14-314, 14-316 and 14-318.
D. On-site improvements and design: Sections 14-400, 14-403, 14-404 if any proposed lot would
have less than five hundred (500) feet of frontage on a major rural street identified in subsection 14-207(E), 14-
406, 14-414, 14-416, 14-421, 14-426, 14-427, 14-433, 14-438 and 14-441.
E. The following streets in the rural areas are major rural streets:
1. Barracks Road (SR 654) from Old Garth Road (SR 601) to Georgetown Road (SR 656).
2. Black Cat Road (SR 616) from Richmond Road (US 250) to Interstate 64 east of
Charlottesville.
3. Blenheim Road (SR 795) from Coles Rolling Road (SR 712) to the Town of Scottsville line.
4. Browns Gap Turnpike (SR 810) from White Hall Road (SR 810) to Blufton Road (SR 672).
5. Buck Mountain Road (SR 663) from Earlysville Road (SR 743) to Simmons Gap Road (SR
664).
6. Buck Mountain Road (SR 664) from Markwood Road (SR 664) to Simmons Gap Road (SR
663).
7. Buffalo River Road (SR 664) from Simmons Gap Road (SR 663) to Frays Mountain Road (SR
664).
8. Buffalo River Road (SR 604) from Frays Mountain Road (SR 664) to Lexington Lane (SR
1540)
9. Burnley Station Road (SR 641)from Seminole Trail (US 29) to Watts Passage (SR 600).
10. Critzers Shop Road (SR 151) from Rockfish Gap Turnpike (US 250) to the Nelson County line.
11. Crozet Avenue (SR 810) from Three Notch’d Road (SR 240) to Buck Road (SR 789).
12. Dick Woods Road (SR 637) from Interstate 64 to Taylors Gap Road (SR 708).
13. Earlysville Road (SR 743) from Hydraulic Road (SR 743) to Buck Mountain Road (SR 663).
14. Frays Mill Road (SR 641) from Seminole Trail (US 29) to Spring Hill Road (SR 606).
15. Free Union Road (SR 601) from Garth Road (SR 676) to Chapel Spring Lane (SR 668).
29
16. Garth Road (SR 601) from Barracks Road (SR 654) to Free Union Road (SR 676).
17. Garth Road (SR 614) from Browns Gap Turnpike (SR 810) to Owensville Road (SR 676).
18. Garth Road (SR 676) from Garth Road (SR 614) to Free Union Road (SR 601).
19. Gordonsville Road (SR 231) from Louisa Road (SR 22) to the Louisa County line.
20. Hansens Mountain Road (FR 179) from Richmond Road (US 250) to its end.
21. Hydraulic Road (SR 743) from Georgetown Road (SR 656) to Rio Road (SR 631).
22. Irish Road (SR 6) from the Nelson County line to the Town of Scottsville line.
23. Ivy Road (US 250) from Three Notch’d Road (SR 240) to the US 29/US 250 interchange.
24. Ivy Depot Road (SR 786) from Ivy Road (US 250) to Dick Woods Road (SR 637).
25. James Monroe Parkway (SR 795) from Carters Mountain Road (SR 627) to Thomas Jefferson
Parkway (SR 53).
26. James River Road (SR 726) from Blenheim Road (SR 795) to Irish Road (SR 6).
27. Lego Drive (SR 1090) from Hansens Mountain Road (FR 179) to its end.
28. Louisa Road (SR 22) from Richmond Road (US 250) to the Louisa County line.
29. Markwood Road (SR 664) from Buck Mountain Ford Lane (SR 776) to Buck Mountain Road
(SR 665).
30. Miller School Road (SR 635) from Rockfish Gap Turnpike (US 250) to Dick Woods Road (SR
637).
31. Milton Road (SR 729) from Thomas Jefferson Parkway (SR 53) to Richmond Road (US 250).
32. Monacan Trail (US 29) from Interstate 64 to the Nelson County line.
33. Monticello Avenue (SR 20) from Interstate 64 to
34. Old Ballard Road/Broomley Road (SR 677) from Ivy Road (US 250) to Owensville Road (SR
676).
35. Old Garth Road (SR 601) from the US 29/US 250 interchange to Barracks Road (SR 654).
36. Old Lynchburg Road (SR 631) from Red Hill Road (SR 708) to Country Green Road (SR 875).
37. Owensville Road (SR 676) from Decca Lane (SR 678) to Garth Road (SR 614).
38. Owensville Road (SR 678) from Ivy Road (US 250) to Owensville Road (SR 676).
39. Plank Road (SR 692) from Monacan Trail (US 29) to Miller School Road (SR 635).
40. Proffit Road (SR 649) from Stony Point Road (SR 20) to Pritchett Lane (SR 785).
41. Reas Ford Road (SR 660) from Earlysville Road (SR 743) to Loftlands Drive (SR 1555).
42. Red Hill Road (SR 708) from Monacan Trail (US 29) to Dudley Mountain Road (SR 706).
43. Reservoir Road (SR 702) from Buckingham Circle (SR 820) to its end.
44. Richmond Road (US 250) from Interstate 64 east of Charlottesville to the Fluvanna County
line.
45. Rio Road (SR 631) from Seminole Trail (US 29) to Hydraulic Road (SR 743).
46. Rockfish Gap Turnpike (US 250) from Three Notch’d Road (SR 240) to the Nelson County
line.
47. Rolling Road (SR 620) from Presidents Road (SR 795) to the Fluvanna County line.
48. Rolling Road (SR 795) from Rolling Road (SR 620) to Carters Mountain Road (SR 627).
49. Scottsville Road (SR 20) from Interstate 64 to the Town of Scottsville line.
50. Seminole Trail (US 29) from Rio Mills Road (SR 643) to the Greene County line.
30
51. Simmons Gap Road (SR 663) from Buck Mountain Road (SR 664) to Buffalo River Road (SR
664)
52. Stony Point Road (SR 20) from its southern intersection with Dorrier Drive (SR 1422) to the
Orange County line.
53. Thomas Jefferson Parkway (SR 53) from Scottsville Road (SR 20) to the Fluvanna County
line.
54. Three Notch’d Road (SR 240) from Ivy Road (US 250) to Crozet Avenue (SR 810).
55. Union Mills Road (SR 616) from Richmond Road (US 250) to the Fluvanna County line.
56. White Hall Road (SR 810) from Browns Gap Turnpike (SR 680) to Buck Road (SR 811).
57. Woodlands Road (SR 676) from Free Union Road (SR 601) to Earlysville Road (SR 743).
(9-5-96, 7-9-86, 12-21-83, 2-4-81, 5-2-79, 11-13-74, 8-28-74; 1988 Code, § 18-13(b); Ord. 98-A(1), 7-15-98; Ord.
05-14(1), 4-20-05, effective 6-20-05; Ord. 09-14(2), 10-14-09)
State law reference--Va. Code § 15.2-2241(9).
Sec. 14-208 Family subdivisions.
The following sections of this chapter shall apply to each family subdivision, when applicable:
A. General: Sections 14-100 through 14-108.
B. Administration and procedure: Sections 14-200 through 14-204, 14-208, 14-209, 14-211, 14-212,
14-231, 14-231.1,14-232(B) and 14-236.
C. Plat requirements and documents to be submitted: Sections 14-300, 14-301, 14-302(A)(1), (3),
(4), (5), (6), (7), (9), (10), (11), (13), (14) and (15), 14-302(B)(1), (2), (4), (5), (6), (7), (8), (9) and (10), 14-303(A),
(B), (C), (D), (E), (F), (H), (I), (L), (M), (N), (O), (P), (Q) and (S), 14-304, 14-305(B), 14-307, 14-307.1, 14-308.1,
14-309, 14-310, 14-312, 14-314 and 14-318.
D. On-site improvements and design: Sections 14-400, 14-401, 14-402, 14-403; if a private street will
be constructed or approved as authorized by section 14-232(B)(1), then also sections 14-316, 14-406, 14-410(F)
and 14-412(A)(4); if any part of the property within a proposed family subdivision is within the jurisdictional a rea of
the service authority, then also section 14-414, but if not, each lot, including a lot not required to connect to public
sewer service pursuant to section 14-414, which is less than five (5) acres, shall comply with the requirements of
sections 14-416, 14-421 and 14-426 through 14-441.
(§ 18-57 (part), 9-5-96, 1-3-96, 4-13-88, 12-21-83, 10-17-79, 8-28-74; § 18-58 (part), 9-5-96, 8-28-74; 1988 Code,
§§ 18-57, 18-58; Ord. 98-A(1), 7-15-98; Ord. 05-14(1), 4-20-05, effective 6-20-05)
State law reference--Va. Code §§ 15.2-2241(9), 15.2-2244(C).
Sec. 14-208.1 Boundary line adjustments.
The following sections shall apply to each boundary line adjustment, when applicable:
A. General: Sections 14-100 through 14-108.
B. Administration and procedure: Sections 14-200 through 14-204, 14-209, 14-212.1, 14-231 and
14-231.1.
C. Plat requirements and documents to be submitted: Sections 14-300, 14-301, 14-302(A)(1), (2),
(3), (4), (5), (6), (7), (9), (10), (11), (14), (15) and (16),, 14-302(B)(1), (2), (4), (5), (6), (7), (9) and (10), 14-303(A),
(B), (C), (D), (E), (F), (G), (H), (I), (L), (O) and (P); 14-307, 14-307.1, 14-318, if any lot will be less than five (5)
acres, the soil evaluation required by section 14-309, 14-310, 14-312 and 14-314.
D. On-site improvements and design: Sections 14-400, 14-405, 14-406, 14-416, 14-421, 14-426
through 14-429, 14-433, 14-438 and 14-441.
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(9-5-96, 8-28-74 (§ 3); 1988 Code, § 18-15; Ord. 98-A(1), 8-5-98, § 14-239(part); Ord. 05-14(1), 4-20-05, effective
6-20-05)
State law reference--Va. Code §§ 15.2-2241(9).
Sec. 14-208.2 Easement plats.
The following sections shall apply to each easement plat, when applicable:
A. General: Sections 14-100 through 14-108.
B. Administration and procedure: Sections 14-200 through 14-204, 14-209, 14-231 and 14-231.1.
C. Plat requirements and documents to be submitted: Sections 14-300, 14-301, 14-302(A)(1), (2),
(3), (4), (5), (6), (11), (14) and (15), 14-302(B)(1), (2), (4), (5), (6), (7), (9) and (10), 14-303(A), (B), (C), (D), (E),
(F), (H), (I), (L), (O) and (P), 14-312 and 14-314.
D. On-site improvements and design: Sections 14-433 and 14-438.
(Ord. 05-14(1), 4-20-05, effective 6-20-05)
State law reference--Va. Code § 15.2-2241.9.
Division 3. Procedures for Rural Subdivisions, Two Lot Subdivisions, Subdivisions Following
Final Site Plan Approval, Subdivisions Creating One Special Lot and One Residue Lot,
Family Subdivisions, Boundary Line Adjustments, Easement Plats and Vacations
Sec. 14-209 Rural subdivisions; family subdivisions; subdivisions creating a special lot and one residue
lot; subdivisions resulting in not more than two lots; subdivisions after approval of a final site
plan; easement plats; boundary line adjustments; procedure.
Each plat for a rural subdivision, family subdivision, a subdivision creating one or more special lots and
one residue lot, a subdivision resulting in not more than two lots, a subdivision after a final site plan has been
approved, a boundary line adjustment and each easement plat shall be submitted, reviewed and approved as
follows:
A. Submittal of plat. The subdivider shall submit the plat for review and approval by the agent. The
plat shall be deemed to be a final plat and a preliminary plat shall not be required.
B. Review of plat. The agent shall determine whether the plat complies with the applicable
requirements of this chapter. The agent may request that any department, agency, or authority review the plat and
forward its comments to him. If approval of a feature or features of the plat by a state agency or public authority
authorized by state law is necessary, the agent shall forward the plat to the appropriate state agency or agencies
for review within ten (10) business days of receipt of the plat.
C. Decision. If the agent determines that the plat complies with the applicable requirements of this
chapter, he shall approve the plat. If the agent determines that the plat does not comply with the applicable
requirements of this chapter, he shall inform the subdivider in writing of the reasons for the disapproval, with
citation to the applicable sections of this chapter or other law, and what corrections or modifications are required
for the plat to be approved. The agent shall either mail the notice of disap proval by first class mail, or personally
deliver it, to the subdivider.
D. Time for decision. The agent shall act on the plat within sixty (60) days after it has been submitted,
provided that if state agency or public authority review of the plat is required, the agent shall act on the plat within
thirty-five (35) days after receipt of all approvals by the state agencies or public authorities.
E. Procedures for other approvals related to the plat. Other approvals related to the plat shall be
reviewed and approved as provided in sections 14-203.1, 14-231.1 and 14-232 through 14-236.
F. Appeal of disapproval of plat. The disapproval of a plat may be appealed as provided in section
14-231.
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G. Period of validity of approved plat; extension thereof. An approved plat shall be valid for the
periods provided in section 14-231.1. The period of validity may be extended as provided in section 14-231.1.
§ 14-209: (§ 18-13 (part), 9-5-96, 12-21-83; § 18-57 (part), 9-5-96, 1-3-96, 4-13-88, 12-21-83, 10-17-79, 8-28-74; §
18-58 (part), 9-5-96, 8-28-74; 1988 Code, §§ 18-13, 18-57, 18-58; Ord. 98-A(1), 7-15-98; Ord. 05-14(1), 4-20-05,
effective 6-20-05; Ord. 11-14(1), 6-1-11)
§ 14-210: (9-5-96, 8-28-74; 1988 Code, § 18-58; Ord. 98-A(1), 7-15-98; Ord. 05-14(1), 4-20-05, effective 6-20-05)
§ 14-212.1: (9-5-96, 8-28-74 (§ 3); 1988 Code, § 18-15; Ord. 98-A(1), 8-5-98, § 14-239(part); Ord. 05-14(1), 4-20-
05, effective 6-20-05)
§ 14-212.4: (Ord. 05-14(1), 4-20-05, effective 6-20-05)
State law reference--Va. Code §§ 15.2-2241(9), 15.2-2244(C), 15.2-2258.
State law reference--Va. Code §§ 15.2-2241(1), 15.2-2241(9), 15.2-2244(C), 15.2-2258.
Sec. 14-211 Family subdivisions; conditions precedent.
A family subdivision shall be approved only if, in addition to satisfyi ng all other applicable requirements of
this chapter, the agent is satisfied that:
A. Only one lot is created for transfer by sale or gift to the immediate family member.
B. The subdivider has not previously divided any other land within the county by family subdivision for
transfer by sale or gift to the same family member.
C. Each lot proposed to be created complies with all applicable requirements of the zoning ordinance.
D. If the lot proposed to be created will be transferred to a member of the immediate family owning an
abutting lot, the family subdivision lot shall be combined with the abutting lot and shall be so noted on the plat by
appropriate symbol and wording.
(9-5-96, 1-3-96, 4-13-88, 12-21-83, 10-17-79, 8-28-74; 1988 Code, § 18-57; Ord. 98-A(1), 7-15-98; Ord. 05-14(1),
4-20-05, effective 6-20-05)
State law reference--Va. Code § 15.2-2244(C).
Sec. 14-212 Family subdivisions; conditions of approval.
Each approval of a plat for a family subdivision shall be subject to the following conditions:
A. No lot may be created by family subdivision unless it has been owned by the current owner or a
member of his or her immediate family for at least four (4) consecutive years immediately preceding the date the
family subdivision plat is submitted under section 14-209. For the purposes of this section, and subject to approval
by the county attorney:
1. Land owned as part of a trust for estate planning purposes may be considered to be
owned by the current owner or a member of his or her immediate family upon consideration of the following
factors: (i) the title to the real property is in the name of one or more of the trustees; (ii) if there is more than one
trustee, the intended grantee is a qualifying member of each trustee’s immediate family; (iii) if there is more than
one trustee, all of the trustees agree in writing to the family subdivision; (iv) under the trust instrument, the
trustee(s) retain complete control over the trust assets; and (v) the trust instrument allows the trustee(s) to convey
real property.
2. A lot created by family subdivision may be conveyed to the custodian of a qualifying
member of the immediate family under the Virginia Uniform Transfers to Minors Act (Virginia Code § 64.2-1900 et
seq.)
B. No lot created by the family subdivision, including the residue, may be transferred, except by
devise, descent or operation of law, to a person other than an eligible member of the immediate family of the
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subdivider, for a period of four (4) years after the date of recordation of the plat, except for purposes of securing
any purchase money and/or construction loan, including bona fide refinancing, or if the lending institution requires
in writing that the spouse of the member of the immediate family be a co-grantee and co-owner of the lot. The
subdivider shall place a restrictive covenant on the lots created by the family subdivision prohibiting the transfer of
the lots so created to a person who is not a member of the immediate family for the retention period after the date
of recordation. The restrictive covenant shall be subject to review and approval by the county attorney before it is
recorded. If the lot created is conveyed back to the grantor during the retention period, it shall be recombined with
the parent lot within six (6) months after such conveyance and no building permits shall be issued for the lots until
they are recombined.
C. The entrance of the principal means of access for each lot onto any public street shall comply with
Virginia Department of Transportation standards and be approved by the Virginia Department of Transportation.
D. The following note shall be added to each plat for a family subdivision: “No lot shown on this family
subdivision plat may be sold or conveyed to a person other than an eligible ‘member of the immediate family,’ as
that term is defined in Chapter 14 of the Albemarle County Code, for a period of four (4) years after the date of
recordation of this plat except as authorized by section 14-212(A) of the Albemarle County Code. If any lot created
by the recordation of this plat is conveyed back to the grantor during the four (4) year period, it shall be recombined
with the parent lot within six (6) months after such conveyance.”
(9-5-96, 1-3-96, 4-13-88, 12-21-83, 10-17-79, 8-28-74; 1988 Code, § 18-57; Ord. 98-A(1), 7-15-98; Ord. 05-14(1),
4-20-05, effective 6-20-05; Ord. 08-14(1), 2-6-08)
State law reference--Va. Code § 15.2-2244(C).
Sec. 14-212.1 Boundary line adjustment; conditions precedent.
A boundary line adjustment shall be approved only if, in addition to satisfying all other applicable
requirements of this chapter, the agent is satisfied that:
A. The lots affected shall have been: (i) part of an otherwise valid and properly recorded subdivision
plat approved pursuant to this chapter or a prior subdivision ordinance of the county; or (ii) part of a properly
recorded deed prior to the adoption of the first subdivision ordinance of the county that required an approved
subdivision plat under the applicable circumstances.
B. The application shall not involve the relocation or alteration of any streets, alleys, or easements for
public passage, or other public areas. Easements or utility rights -of-way may be relocated or altered only with the
express written consent of all persons holding an interest therein.
(9-5-96, 8-28-74 (§ 3); 1988 Code, § 18-15; Ord. 98-A(1), 8-5-98, § 14-239(part); Ord. 05-14(1), 4-20-05, effective
6-20-05)
State law reference--Va. Code § 15.2-2275.
Division 4. Procedure for All Other Subdivisions
Sec. 14-213 General.
The procedures in sections 14-214 through 14-231.2 shall apply to each subdivision that does not qualify
for the procedures in section 14-209.
A. Preapplication conference and schematic plat optional. The preapplication conference and
schematic plat procedure set forth in sections 14-213 through 14-216 is not mandatory and is at the sole option of
the subdivider.
B. Preliminary plat required; prerequisite to submittal of final plat . The preliminary plat procedure set
forth in sections 14-217 through 14-225 is mandatory and no final plat shall be submitted unless a preliminary plat
was approved for the subdivision and the preliminary plat is valid at the time the final plat is submitted.
(9-5-96, 5-5-82, 8-28-74 (§ 8); 1988 Code, § 18-54; Ord. 98-A(1), 7-15-98; Ord. 01-14(1), 5-9-01; Ord. 05-14(1), 4-
20-05, effective 6-20-05)
34
State law reference--Va. Code § 15.2-2241(9).
Sec. 14-214 Preapplication conference.
A subdivider may request a preapplication conference by submitting the following to the department of
community development in accordance with the submittal schedule established by the agent:
A. Preapplication schematic plat. A preapplication schematic plat meeting the requirements of
sections 14-215 and 14-216.
B. Other information. A letter stating which provisions of this chapter the subdivider believes will
require a variation or exception under section 14-203.1 or a special exception under the zoning ordinance. The
letter need not include a justification or any supporting information.
§ 14-215: (9-5-96, 8-28-74 (§ 7); 1988 Code, § 18-44; Ord. 98-A(1), 7-15-98; Ord. 05-14(1), 4-20-05, effective 6-
20-05)
State law reference – Va. Code §§ 15.2-2241(9), 15.2-2255, 15.2-2258, 15.2-2286(A)(8).
Sec. 14-215 Form and style of preapplication schematic plat.
Each preapplication schematic plat submitted shall comply with the following:
A. Number of copies. Three (3) clearly legible copies in blue or black ink of the plat shall be
submitted.
B. Scale and size. The plat shall be prepared to the scale of one (1) inch equals twenty (20) feet or to
another scale approved by the agent in a particular case. No sheet shall exceed forty-two (42) inches by thirty-six
(36) inches in size. The plat may be prepared on one (1) or more sheets. If prepared on more than one (1) sheet,
match lines shall clearly indicate where the several sheets join. The top of the sheet shall be approximately either
north or east.
C. Dimensions. The plat shall be dimensioned to at least the following standards for accuracy:
1. Boundary, setback and zoning lines: One foot in one thousand (1:1,000) feet.
2. Existing contours: One-half (½) of the contour interval required in section 32.5.2(d).
3. Proposed contours: Within five (5) feet horizontally and vertically.
4. Existing structures, utilities and other topographic features : Within five (5) feet.
5. Proposed structures, roads, parking lots and other improvements : Within five (5) feet.
§ 14-215: (9-5-96, 8-28-74 (§ 7); 1988 Code, § 18-44; Ord. 98-A(1), 7-15-98; Ord. 05-14(1), 4-20-05, effective 6-
20-05)
State law reference – Va. Code §§ 15.2-2241(9), 15.2-2255, 15.2-2258, 15.2-2286(A)(8).
Sec. 14-216 Contents of preapplication schematic plat.
Each preapplication schematic plat shall contain the following information:
A. General information. The name of the subdivision; names of the owner, subdivider and individual
who prepared the plat; tax map and parcel number; boundary dimensions; zoning district; descriptions of all
proffers, special use permits and conditions thereof, special exceptions and conditions thereof, variances and
conditions thereof, application plats, codes of development and bonus factors applicable to the site; magisterial
district; county and state; north point; scale; one datum reference for elevation (if the site includes land subject to
section 30.3, flood hazard overlay district, United States Geological Survey vertical datum shall be shown and/or
correlated to plat topography); the source of the topography; departing lot lines; minimum setback lines, yard and
building separation requirements; the source of the survey; sheet number and total number of sheets; and the
names of the owners, zoning district, tax map and parcel numbers and present uses of abutting parcels.
35
B. Information regarding the proposed use. Written schedules or data as necessary to demonstrate
that the site can accommodate the proposed uses, including proposed uses and maximum acreage occupied by
each use; maximum number of dwelling units by type including the number of bedrooms for multi-family dwellings;
gross residential density; square footage of recreational areas, percentage and acreage of open space; maximum
square footage for commercial and industrial uses; maximum floor area ratio and lot coverage for industrial uses;
maximum height of all structures; schedule of parking including the maximum amount required and the amount
provided; and the maximum amount of impervious cover on the site.
C. Phase lines. If phasing is planned, phase lines.
D. Topography and proposed grading. Existing topography (up to twenty [20] percent slope,
maximum five [5] foot contours, over twenty [20] percent slope, maximum ten [10] foot contours) for the entire site
with sufficient offsite topography to describe prominent and pertinent offsite features and physical characteristics,
but in no case less than fifty (50) feet outside of the site unless otherwise approved by the agent; proposed grading
(maximum five [5] foot contours) supplemented where necessary by spot elevations; areas of the site where
existing slopes are critical slopes.
E. Watercourses and other bodies of water. The name and location of all watercourses and other
bodies of water adjacent to or on the site; indicate whether the site is located within the watershed of a public water
supply reservoir.
F. On-site sewage system setback lines. The location of on-site sewage system setback lines from
watercourses including intermittent streams and other bodies of water.
H. Flood plain. The one hundred (100) year flood plain limits as shown on the official flood insurance
maps for Albemarle County.
I. Streets, easements and travelways. The existing and proposed streets, access easements, alley
easements and rights-of-way, and travelways, together with street names, state route numbers, right-of-way lines
and widths, and pavement widths.
J. Existing sewer and drainage facilities. The location and size of existing water and sewer facilities
and easements, the storm drainage system, and drainage easements.
K. Proposed sewer and drainage facilities. The proposed conceptual layout for water and sewer
facilities and the storm drainage system, indicating the direction of flow in all pipes and watercourses with arrows.
L. Existing and proposed utilities. The location of other existing and proposed utilities and utility
easements, including existing telephone, cable, electric and gas easements.
M. Ingress and egress. The location of existing and proposed ingress to and egress from the site,
showing the distance to the centerline of the nearest existing street intersection.
N. Existing and proposed improvements. The location and dimensions of all existing and proposed
improvements including buildings (maximum footprint and height) and other structures ; walkways; fences; walls;
trash containers; outdoor lighting; landscaped areas and open space; recreational areas and facilities; parking lots
and other paved areas; and loading and service areas.
O. Areas to be dedicated or reserved. All areas intended to be dedicated or reserved for public use.
P. Symbols and abbreviations. A legend showing all symbols and abbreviations used on the plat.
Q. Dam break inundation zones. The limits of a dam break inundation zone.
State law reference – Va. Code §§ 15.2-2241(9), 15.2-2255, 15.2-2258, 15.2-2286(A)(8).
Sec. 14-217 Review of preapplication schematic plat.
Each preapplication plat meeting the requirements of sections 14 -215 and 14-216 and each letter provided
by section 14-214(B) shall be reviewed by the agent. Within ten (10) days after the submittal, the agent shall send
written comments to the subdivider addressing the following:
36
A. Compliance with zoning. Whether the proposed use and density complies with this chapter and all
applicable proffers, special use permits and conditions thereof, special exceptions and conditions thereof,
variances and conditions thereof, application plats and codes of development.
B. Variations, exceptions and special exceptions. Identify all variations and exceptions that will be
required under chapter 14 and all special exceptions that will be required under the zoning ordinance, including
references to the sections in this chapter under which the variation, exception or special exception will be sought,
the sections authorizing the variation, exception or special exception, and the sections identifying the information
the subdivider must submit in order for the variation, exception or special exception to be considered.
C. Fees. The amount of the fees required for reviewing the plat and any request for a variation or
exception.
D. Required changes. Identify any features on the plat required to be changed in order to comply with
this chapter or any applicable requirement of a proffer, special use permit, special exception, variance, application
plat or code of development.
E. Recommended changes. Identify any features on the plat recommended to be changed to address
components of the comprehensive plan or sound planning, zoning or engineering practices.
F. Additional information. The agent may require additional information to be shown on the
preliminary plat as deemed necessary in order to provide sufficient information for the agent to adequately review
the plat including, but not limited to, information from a traffic study, landscaping, historic resources and
groundwater.
State law reference – Va. Code §§ 15.2-2241(9), 15.2-2255, 15.2-2258, 15.2-2283, 15.2-2286(A)(8).
Sec. 14-218 Submittal of preliminary plat; determination of completeness.
Each preliminary plat shall be submitted to the agent and processed as follows:
A. Date of official submittal. A preliminary plat shall be deemed to be officially submitted on the date
of the next application deadline established by the agent after the submittal of the plat and the agent’s
determination that the plat is complete.
B. Timing of review to determine completeness. The agent’s review to determine whether a
preliminary plat is complete shall be made within ten (10) days after the application submittal deadline.
C. Determination that plat is incomplete; notice. A preliminary plat omitting any information required
by sections 14-302 and 14-304 through 14-307.1 shall be deemed to be incomplete and shall not be accepted for
official submittal by the agent. The agent shall inform the subdivider in writing of the reasons for the disapproval,
with citation to the applicable section of this chapter or other law, and what corrections or modifications will permit
acceptance of the plat. The agent shall notify the subdivider or h is or her agent of the disapproval in writing by first
class mail, personal delivery, or, if consented to by the subdivider in writing, by fax or email.
D. Resubmittal. Within fifteen (15) days after the date the notice of disapproval was mailed or
delivered by the agent, the subdivider may resubmit the preliminary plat. The date of the next application deadline
after the resubmittal of the plat shall be deemed to be the date upon which the plat was officially submitted. In the
event the subdivider fails to resubmit the plat within the fifteen (15) day period, the plat shall be deemed to be
disapproved and a new application and fee shall be required for submittal of the plat.
E. Transmittal to site review committee, architectural review board, and state agency. A preliminary
plat deemed officially submitted shall be transmitted to the site review committee. If state agency approval of a
preliminary plat is required, the agent shall forward to the state agency all documents necessary to allow it to
conduct its review within ten (10) days after the preliminary plat is deemed officially submitted.
F. Notice; recipients. When the agent determines that a preliminary plat is officially submitted, he
shall send notice that the plat has been submitted to the owner of each lot abutting the site and to each member of
the board of supervisors and the planning commission. The notice shall describe the type of use proposed; the
37
specific location of the subdivision; the appropriate county office where the plat may be v iewed; and the dates the
site review committee will review the plat.
G. Notice; how provided. The notice required by subsection (F) shall be mailed or hand delivered at
least ten (10) days prior to the site review committee meeting and, if applicable, the architectural review board
meeting at which the preliminary plat will be reviewed. Mailed notice shall be sent by first class mail. Notice mailed
to the owner of each lot abutting the site shall be mailed to the last known address of the owner, and m ailing the
notice to the address shown on the current real estate tax assessment records of the county shall be deemed to be
compliance with this requirement. If a lot abutting the site is owned by the subdivider, the notice shall be given to
the owner of the next abutting lot not owned by the subdivider.
H. Notice; defect does not affect validity of plat. The failure of any person to receive the notice
required by subsection (F), or any error in the notice, shall not affect the validity of an approved p lat, and shall not
be the basis for an appeal.
§ 14-216: (9-5-96, 5-3-79, 8-28-74; 1988 Code, § 18-45; Ord. 98-A(1), 7-15-98; Ord. 05-14(1), 4-20-05, effective 6-
20-05)
State law reference – Va. Code §§ 15.2-2241(9), 15.2-2255, 15.2-2258, 15.2-2260.
Sec. 14-219 Review of preliminary plat by site review committee.
Upon receipt of a preliminary plat from the agent, the site review committee shall review each plat for
compliance with the technical requirements of this chapter and other applicable laws . Upon completion of its
review, the site review committee shall transmit to the agent its requirements and recommendations. The site
review committee also may recommend to the agent conditions of preliminary plat approval, including conditions
required to be satisfied before a grading permit may be issued under chapter 17. Any recommended conditions
shall pertain to any requirements of this chapter and other applicable laws.
§ 14-217: (Ord. 98-A(1), 7-15-98; Ord. 05-14(1), 4-20-05, effective 6-20-05)
State law reference – Va. Code §§ 15.2-2241(9), 15.2-2255, 15.2-2258, 15.2-2260, 15.2-2286(A)(4),15.2-2306.
Sec. 14-220 Revisions to preliminary plat to address required changes.
Each preliminary plat for which changes are required shall be revised as follows:
A. Requirements identified; letter to the subdivider. If the site review committee or the architectural
review board require or recommend revisions to the preliminary plat, the agent shall promptly issue a letter to the
subdivider stating the required changes that must be made and the recommended changes that may, in the
subdivider’s discretion, be made. The letter shall be sent by first class mail, be personally delivered or, if consented
to by the subdivider in writing, by fax or email.
B. Plat revised to address required changes. The subdivider shall revise the plat to address all of the
required changes before approval of the preliminary plat by the agent. The subdivider is not required to revise the
plat to address any recommendations of the site review committee or the architectural review board.
State law reference – Va. Code §§ 15.2-2241(9), 15.2-2255, 15.2-2258, 15.2-2260.
Sec. 14-221 Deferrral of review of preliminary plat; when application deemed withdrawn.
The review of, and action on, a preliminary plat may be deferred, and an application for a preliminary plat
may be deemed withdrawn, as follows:
A. Request to defer by subdivider. A subdivider may request that review or action on its application
for a preliminary plat be deferred for a specified period up to six (6) months. If during the deferral period the
subdivider does not request the agent to take action on the preliminary plat as provided in section 14 -222 within six
(6) months after the date the deferral was requested, the application shall be deemed to have been voluntarily
withdrawn.
38
B. Failure to submit revised plat. If a subdivider fails to submit a revised preliminary plat to address all
of the requirements within six (6) months after the date of the letter from the agent as provided in section 14-220,
the application shall be deemed to have been voluntarily withdrawn by the subdivider.
C. Extension of deferral period or period to submit revised plat. Before the deferral period in
subsection (A) expires, the subdivider may request that the agent extend the period before the application is
deemed to have been voluntarily withdrawn. The request must be received by the agent before the deferral period
expires. The agent may grant one extension for a period determined to be reasonable, taking into consideration
the size or nature of the proposed subdivision, the complexity of the review, and the laws in effect at the time the
extension request is made.
State law reference – Va. Code §§ 15.2-2241(9), 15.2-2255.
Sec. 14-222 Review and action on preliminary plat by agent.
The agent shall review and act on a preliminary plat as follows:
A. Review. The agent shall review the preliminary plat for compliance with all requirements, and shall
make a good faith effort to identify all deficiencies, if any, during review of the plat. The agent shall consider the
recommendation of the site review committee as to whether the plat complies with all applicable requirements and
any statement by the subdivider. The agent also may consider any other evidence pertaining to the plat’s
compliance with the requirements of this chapter as deemed necessary for a proper review of the plat.
B. Time for action. The agent shall act on the preliminary plat within sixty (60) days after the date the
plat was officially submitted, provided:
1. Alternative time for action if state agency approval is required. If approval of a feature on
the plat by a state agency is required, the agent shall approve or disapprove the plat within thirty-five (35) days
after receipt of approvals from all state agencies, and not more than ninety (90) days after the date the plat was
officially submitted.
2. Suspension of running of time for action. The running of the time by which the agent must
act on a plat shall be suspended: (i) from the date the appeal of a decision on a request for a variation or exception
is submitted under section 14-203.1 until the date the planning commission or the board of supervisors, as the
case may be, acts on the appeal, whichever takes the final action; (ii) from the date of the letter to the subdivider
until the date the revised preliminary plat addressing the required changes is submitted under section 14 -223(B);
(iii) from the date of the subdivider’s request for a deferral under section 14-221(A); and (iv) during any extension
granted under section 14-221(C).
C. Action to approve and notice of approval. If the agent determines that the preliminary plat complies
with all applicable requirements, he shall approve the plat and promptly issue a letter to the subdivider informing
the subdivider of the approval and stating the requirements that must be included with submittal of the final plat
and those conditions which must be satisfied prior to approval of the final plat and, where applicable, those
conditions which must be satisfied prior to issuance of a grading permit under section 17-204(E). The agent shall
mail the letter by first class mail, personally deliver it to the subdivider, or, if consented to by the subdivider in
writing, deliver it by fax or email.
D. Action to disapprove and notice of disapproval. If the agent determines that the plat does not
comply with all applicable requirements, he shall disapprove the plat and promptly issue a letter to the subdivider
stating the reasons for disapproval by identifying the plat’s deficiencies and citing the applicable sections of this
chapter or other applicable laws, and what corrections or modifications will permit approval of the plat. The agent
shall mail the letter by first class mail, personally deliver it to the subdivider, or, if consented to by the subdivider in
writing, deliver it by fax or email.
E Action to disapprove because of failure to make required revisions; notice of disapproval;
opportunity to resubmit. If the subdivider submits a revised plat under section 14 -220 that fails to address all of the
required changes, the plat shall be disapproved. Within fifteen (15) days after the date the notice of disapproval
required by subsection (D) is mailed or delivered by the agent, the subdivider may resubmit the preliminary plat.
The date of the next application deadline after the resubmittal of the plat shall be deemed to be the date upon
which the plat was officially submitted. In the event the subdivider fails t o resubmit the plat within the fifteen (15)
39
day period, the plat shall be deemed to be disapproved and a new application and fee shall be required for
submittal of the plat.
§ 14-214: (§ 18-46, 9-5-96, 8-28-74 (§ 7); § 18-53(part), 9-5-96, 6-3-81, 8-28-74 (§ 8); 1988 Code, §§ 18-46, 18-
53; Ord. 98-A(1), 7-15-98; Ord. 05-14(1), 4-20-05, effective 6-20-05)
§ 14-219: (§ 18-13, 9-5-96, 12-21-83; § 18-47 (part), 9-5-96, 8-28-74 (§ 7); § 18-48, 9-5-96, 8-28-74 (§ 7); 1988
Code, §§ 18-13, 18-47, 18-48; Ord. 98-A(1), 7-15-98; Ord. 05-14(1), 4-20-05, effective 6-20-05)
State law reference – Va. Code §§ 15.2-2241(9), 15.2-2255, 15.2-2258, 15.2-2260.
Sec. 14-223 Appeal and judicial review of disapproval of preliminary plat.
The disapproval of a preliminary plat may be appealed as follows:
A. Appeal to commission and board of supervisors . If a preliminary plat is disapproved by the agent,
or is approved with conditions that the subdivider objects to, the subdivider at its sole option may appeal the
decision of the agent to the commission and, if the commission disapproves the preliminary plat or affirms the
objectionable conditions, to the board of supervisors. The appeal shall be in writing and be filed with the agent
within ten (10) days after the date of the decision by the agent or by the commission, as the case may be. The
action by the commission and the board shall comply with subsections 14-222(C), (D) and (E), as applicable.
B. Judicial review. If a preliminary plat is disapproved by the agent, the commission or the board of
supervisors, the subdivider may appeal the disapproval to the circuit court as provided in Virginia Code § 15.2 -
2260(E). No subdivider is required to appeal the disapproval of the plat under subsection (A) before appealing it to
the circuit court.
§ 14-226: (9-5-96, 11-4-82, 11-3-82; 1988 Code, § 18-4; Ord. 98-A(1), 7-15-98; Ord. 05-14(1), 4-20-05, effective 6-
20-05)
State law reference – Va. Code §§ 15.2-2241(9), 15.2-2255, 15.2-2258, 15.2-2260.
Sec. 14-224 Period of validity of approved preliminary plat.
An approved preliminary plat is valid as follows:
A. Valid for five years; prerequisites. A preliminary plat shall be valid for: (i) a period of five (5) years
from the date it is approved pursuant to this chapter, provided that the subdivider submits a final plat for all or a
section of a subdivision as shown on an approved preliminary plat within one (1) year after the approval as
provided in section 14-226, and thereafter diligently pursues approval of the final plat; and (ii) any additional period
as may be provided by state law.
B. Revocation of approval after three years. After three (3) years following preliminary plat approval,
the agent may, after ninety (90) days’ written notice provided by certified mail to the subdi vider, revoke the
approval of the preliminary plat upon a specific finding of fact that the subdivider failed to diligently pursue approval
of the final plat.
C. Approval null and void if final plat not submitted within one year. The failure of a subdivider to
officially submit a final plat as provided in section 14-226 within one (1) year after approval of the preliminary plat
shall render the approval of the preliminary plat null and void. For purposes of this section, the date the preliminary
plat is approved shall be the date that the letter of approval required by section 14 -222(C) is mailed or otherwise
delivered as provided therein.
§ 14-228: (9-5-96, 8-28-74 (§ 7); 1988 Code, § 18-50; Ord. 98-A(1), 7-15-98; Ord. 05-14(1), 4-20-05, effective 6-
20-05)
State law reference – Va. Code §§ 15.2-2209.1, 15.2-2261
Sec. 14-225 Effect of approval of preliminary plat on other future and pending approvals.
Subject to sections 14-318, 14-441 and 18-8.5.5.4, for any subdivision within a planned development
zoning district, an approved preliminary plat is an “approved plat” within the meaning of section 17 -204(E). As
40
such, an erosion and sediment control plan and corresponding grading permit may be approved under chapter 17,
provided that the subdivider has satisfied the conditions of approval identified by the agent in the letter required by
section 14-222(C), and further provided that any site within a dam break inundation zone is subject to section 14-
441. Except as provided in sections 14-318 and 14-441, nothing in this section shall affect the ability of a
subdivider to obtain approval of an erosion and sediment control plan and corresponding grading permit prior to
approval of a preliminary plat as provided in section 18 -8.5.5.4(b).
State law reference – Va. Code §§ 15.2-2241, 62.1-44.15:55.
Sec. 14-226 Submittal of final plat; determination of completeness.
Each final plat shall be submitted to the agent and processed as follows:
A. Prerequisites to submittal. A final plat shall not be submitted unless: (i) a preliminary plat was
approved for the subdivision and it remains valid; (ii) the final plat satisfies all of the requirements of section 14 -303
and sections 14-304 through 14-318; and (iii) the final plat satisfies all of the conditions delineated in the letter
provided under section 14-222(C) required to be satisfied prior to submitting the final plat.
B. Date of official submittal. A final plat shall be submitted for approval within one (1) year after the
date of approval of the preliminary plat was mailed or delivered as provided in section 14-222(C). A final plat
submitted ten (10) days or less before the one (1) year period expires shall be deemed to be officially submitted on
the date it is submitted provided that it is complete by satisfying the requirements of subsection (A). A final plat
submitted more than ten (10) days before the one (1) year period expires shall be deemed to be officially submitted
on the date of the next application deadline established by the agent after the submi ttal of the plat and the agent’s
determination that the plat is complete.
C. Timing of review to determine completeness. The agent’s review to determine whether a final plat
is complete shall be made within ten (10) days after it was submitted.
D. Determination that plat is incomplete; notice. A final plat not satisfying the requirements of
subsection (A) shall be deemed to be incomplete and shall not be accepted for official submittal by the agent. The
agent shall inform the subdivider in writing of the reasons for the disapproval, with citation to the applicable section
of this chapter or other law, and what corrections or modifications will permit acceptance of the plat. The agent
shall notify the subdivider or his or her agent of the disapproval in writing by first class mail, personal delivery, or, if
consented to by the subdivider in writing, by fax or email.
E. Resubmittal. Within fifteen (15) days after the date the notice of disapproval was mailed or
delivered by the agent, the subdivider may resubmit the final plat together with payment of the fee for the
reinstatement of review. The date of the next application deadline after the resubmittal of the plat shall be deemed
to be the date upon which the plat was officially submitted. In the event the subdivider fails to resubmit the plat
within the fifteen (15) day period, the plat shall be deemed to be disapproved and a new application and fee shall
be required for submittal of the plat.
F. Transmittal. A final plat deemed officially submitted shall be transmitted to the site review
committee. If state agency approval of a final plat is required, the agent shall forward to the state agency all
documents necessary to allow it to conduct its review within ten (10) days after the final plat is deemed officially
submitted.
§ 14-221: (§ 18-51, 9-5-96, 8-28-74 (§ 7); § 18-53, 9-5-96, 6-3-81, 8-28-74 (§ 8); 1988 Code, §§ 18-51, 18-53; Ord.
98-A(1), 7-15-98; Ord. 05-14(1), 4-20-05, effective 6-20-05)
State law reference – Va. Code §§ 15.2-2241(9), 15.2-2255, 15.2-2258, 15.2-2259, 15.2-2286(A)(8).
Sec. 14-227 Review of final plat by site review committee.
Upon receipt of a final plat from the agent, the site review committee shall review the plat and make its
recommendations as follows:
A. Review for compliance with chapter 14. The plat shall be reviewed to determine that it complies
with the requirements of chapter 14 in effect when the preliminary plat was approved.
41
B. Review for compliance with chapter 18 and other laws. The plat shall be reviewed to determine
whether it complies with the requirements of chapter 18 and other applicable laws in effect at the time of final plat
review, including but not limited to, sections 17-403 and 17-404; provided that the subdivider may establish that its
rights have vested to have the final plat reviewed under prior versions of chapter 18 or other applicable laws.
C. Review for compliance with conditions of preliminary plat approval. The plat shall be reviewed to
confirm that it satisfies all of the conditions required to be satisfied prior to submitting the final plat, and all of the
conditions required to be satisfied prior to final plat approval, delineated in the letter provided under section 14 -
222(C).
D. Recommendation. Upon completion of its review, the site review committee shall transmit to the
agent its recommendation for approval if it determines that the plat satisfies the requirements of subsections (A),
(B) and (C), or its recommendation for required changes if it determines the plat does not satisf y the requirements
of subsections (A), (B) or (C).
§ 14-222: (Ord. 98-A(1), 7-15-98; Ord. 05-14(1), 4-20-05, effective 6-20-05)
State law reference – Va. Code §§ 15.2-2121, 15.2-2241(9), 15.2-2255, 15.2-2258, 15.2-2259, 15.2-2286(A)(8).
Sec. 14-228 Revisions to final plat to address required changes.
A final plat for which changes are required shall be revised as follows:
A. Requirements identified; letter to the subdivider. If the site review committee identifies required
changes to the final plat, the committee shall promptly issue a letter to the subdivider stating the changes required
to be made. The letter shall be sent by first class mail, be personally delivered or, if consented to by the subdivider
in writing, by fax or email.
B. Response to address requirements. The subdivider shall revise the plat to address all of the
required changes before approval of the final plat by the agent.
State law reference – Va. Code §§ 15.2-2241(9), 15.2-2255, 15.2-2258, 15.2-2259.
Sec. 14-229 Deferral of review of final plat; when application deemed withdrawn.
The review of, and action on, a final plat may be deferred, and an application for a final plat may be
deemed withdrawn, as follows:
A. Request to defer by subdivider. A subdivider may request that review or action on its application
for a final plat be deferred for a specified period up to six (6) months. If during the deferral period the subdivider
does not request the agent to take action on the final plat as provided in section 14 -230 within six (6) months after
the date the deferral was requested, the application shall be deemed to have been voluntarily withdrawn.
B. Failure to submit revised plat. If a subdivider fails to submit a revised final plat to address all of the
requirements within six (6) months after the date of the letter from the agent as provided in section 14 -228, the
application shall be deemed to have been voluntarily withdrawn by the subdivider.
C. Extension of deferral period or period to submit revised plat. Before the deferral period in
subsection (A) expires, the subdivider may request that the agent extend the period before the application is
deemed to have been voluntarily withdrawn. The request must be received by the agent before the deferral period
expires. The agent may grant one extension for a period determined to be reasonable, taking into consideration
the size or nature of the proposed subdivision, the complexity of the review, and the laws in effect at the time the
extension request is made.
State law reference – Va. Code §§ 15.2-2241(9), 15.2-2255.
Sec. 14-230 Review and action on final plat by agent.
The agent shall review and act on a final plat as follows:
A. Review. The agent shall review the final plat for compliance with all requiremen ts, and shall make
a good faith effort to identify all deficiencies, if any, during review of the plat. The agent shall consider the
42
recommendation of the site review committee as to whether the plat complies with all applicable requirements and
any statement by the subdivider. The agent also may consider any other evidence pertaining to the plat’s
compliance with the requirements of this chapter as deemed necessary for a proper review of the plat.
B. Time for action. The agent shall act on the final plat within sixty (60) days after the date the plat
was officially submitted, provided:
1. Alternative time for action if state agency approval is required. If approval of a feature on
the plat by a state agency is required, the agent shall approve or disapprove the plat within thirty-five (35) days
after receipt of approvals from all state agencies, and not more than ninety (90) days after the date the plat was
officially submitted.
2. Suspension of running of time for action. The running of the time by which the agent must
act on a plat shall be suspended: (i) from the date the appeal of a decision on a request for a variation or exception
is submitted under section 14-203.1 until the date the planning commission or the board of supervisors, as the
case may be, acts on the appeal, whichever takes the final action; (ii) from the date of the letter to the subdivider
until the date the revised preliminary plat addressing the required changes is submitted under section 14 -228(B);
(iii) from the date of the subdivider’s request for a deferral under section 14-229(A); and (iv) during any extension
granted under section 14-229(C).
C. Action to approve and notice of approval. If the agent determines that the final plat complies with
all applicable requirements, he shall approve and sign the plat, and may issue a letter to the subdivider informing
the subdivider of the approval. The agent shall mail the letter by first class mail, personally deliver it to the
subdivider, or, if consented to by the subdivider in writing, deliver it by fax or email.
D. Action to disapprove and notice of disapproval. If the agent determines that the plat does not
comply with all applicable requirements, he shall disapprove the plat and promptly issue a letter to the subdivider
stating the reasons for disapproval by identifying the preliminary plat’s deficiencies and citing the applicable
sections of this chapter or other law, and what corrections or modifications will permit approval of the plat. The
agent shall mail the letter by first class mail, personally deliver it to the subdivider, or, if consented to by the
subdivider in writing, deliver it by fax or email.
E. Submittal of corrected or modified plat. Any subdivider who has received a notice of disapproval
under subsection (D) may submit a corrected or modified final plat addressing the deficiencies identified in the
notice of disapproval, as follows:
1. Deadline for submittal. The subdivider shall submit the corrected or modified plat within
sixty (60) days after the date of the notice of disapproval.
2. Time for action. The agent shall act on the corrected or modified plat within forty-five (45)
days after it was submitted.
3. Action to approve or disapprove. The agent shall approve or disapprove the corrected or
modified plat and provide notice of the action to the subdivider as provided under subsections (C) and (D).
§ 14-214: (§ 18-46, 9-5-96, 8-28-74 (§ 7); § 18-53(part), 9-5-96, 6-3-81, 8-28-74 (§ 8); 1988 Code, §§ 18-46, 18-
53; Ord. 98-A(1), 7-15-98; Ord. 05-14(1), 4-20-05, effective 6-20-05)
§ 14-224: (9-5-96, 6-3-81, 8-28-74 (§ 8); 1988 Code, § 18-53; Ord. 98-A(1), 7-15-98; Ord. 05-14(1), 4-20-05,
effective 6-20-05)
State law reference – Va. Code §§ 15.2-2241(9), 15.2-2255, 15.2-2258, 15.2-2259.
Sec. 14-231 Appeal and judicial review of disapproved final plat.
The disapproval of a final plat may be appealed as follows:
A. Appeal to planning commission and board of supervisors. If a final plat is disapproved by the
agent, the subdivider at its sole option may appeal the disapproval to the planning commission and, if the
commission disapproves the plat, to the board of supervisors. The appeal shall be in writing and be filed with the
agent within ten (10) days after the date of the disapproval by the agent or by the commission, as the case may be.
The action by the commission and the board shall comply with sections 14-230(C) and (D).
43
B. Judicial review. If a final plat is disapproved by the agent, the planning commission or the board of
supervisors, the subdivider may appeal the disapproval to the circuit court as provided in Virginia Code § 15.2 -
2259(D). No subdivider is required to appeal the disapproval of the plat under subsection (A) before appealing it to
the circuit court.
§ 14-226: (9-5-96, 11-4-82, 11-3-82; 1988 Code, § 18-4; Ord. 98-A(1), 7-15-98; Ord. 05-14(1), 4-20-05, effective 6-
20-05)
State law reference – Va. Code §§ 15.2-2241(9), 15.2-2255, 15.2-2258, 15.2-2260.
Sec. 14-231.1 Period of validity of approved final plat.
An approved final plat is valid as follows:
A. Subdivisions generally; valid for five years or longer. An approved final plat that is not eligible for
being platted in phases under subsection (B) shall be valid for: (i) a period of not less than five (5) years after the
date of its approval or for a longer period as the agent may, at the time of approval, determine to be reasonable,
taking into consideration the size and phasing of the proposed subdivision; and (ii) any additional period as may be
provided by state law. A plat shall be deemed to be approved once it has been signed by the agent and if the only
requirement remaining to be satisfied in order to obtain a building permit is the posting of any bonds and escrows.
B. Subdivisions eligible to be platted in phases; right to record final plats in remaining sections. If a
subdivider records a final plat that is a section of a subdivision as shown on an approved preliminary plat and the
subdivider furnishes the surety required by section 14-435 in the amount of the estimated cost of construction of
the facilities to be dedicated for public use within the section and maintained by the county, the Commonwealth, or
any other public agency, the subdivider may record final plats for the remaining sections shown on the preliminary
plat for a period of five (5) years after the recordation date of any section, or for such longer period as the agent
may, at the time approval, determine to be reasonable, taking into consideration the size and phasing of the
proposed subdivision, subject to engineering and construction standards and zoning requirements in effect at the
time that each remaining section is recorded.
C. Request for extension. Upon application by the subdivider submitted prior to expiration of a final
plat, the agent may grant one or more extensions of the approval for additional periods as the agent may, at time
the extension is granted, determine to be reasonable, taking into consideration the size and phasing of the
proposed subdivision, and the laws, ordinances and regulations in effect at the time of the request for an
extension. If the agent denies the request, he shall promptly issue a letter to the subdivider stating the reasons for
the denial. The agent shall mail the letter by first class mail, personally deliver i t to the subdivider, or, if consented
to by the subdivider in writing, deliver it by fax or email.
D. Judicial review if request for extension denied. If the agent denies an extension requested under
subsection (C) and the subdivider contends that the denial was not properly based on the regulation applicable
thereto, the considerations for granting an extension delineated in subsection (C), or was arbitrary or capricious,
the subdivider may appeal the denial to the circuit court as provided in Virginia Code § 15.2-2261.
E. Rights attached to valid approved final plat . For so long as the final plat remains valid in accord
with the provisions of this section, no change or amendment to any county ordinance, map, resolution, rule,
regulation, policy or plat adopted after the date the plat was approved shall adversely affect the right of the
subdivider or its successor in interest to commence and complete an approved subdivision in accordance with the
lawful terms of the approved plat unless the change or amendment is required to comply with state law or there
has been a mistake, fraud or a change in circumstances substantially affecting the public health, safety or welfare.
F. Effect of minor amendments and boundary line adjustments. A subdivider’s application for a minor
amendment to an approved final plat or for a boundary line adjustment during a final plat’s period of validity shall
not constitute a waiver of the provisions of this section. The agent’s approval of a minor amendment or a boundary
line adjustment shall not extend the period of validity of the final plat.
§ 14-229: (Ord. 98-A(1), 7-15-98; Ord. 05-14(1), 4-20-05, effective 6-20-05)
§ 14-230: (Ord. 98-A(1), 7-15-98; Ord. 05-14(1), 4-20-05, effective 6-20-05)
44
§ 14-231: (9-5-96, 8-28-74 (§ 7); 1988 Code, § 18-50; Ord. 98-A(1), 7-15-98; Ord. 05-14(1), 4-20-05, effective 6-
20-05)
State law reference – Va. Code §§ 15.2-2209.1, 15.2-2241(5), 15.2-2261.
Division 5. Procedures for the Approval of Private Streets, Shared Driveways and Alleys
Article III. Subdivision Plat Requirements and Documents to be Submitted
Division 1. Plat Requirements
Sec. 14-301 Form and style of plats.
Each subdivision plat shall comply with the following:
A. Standards. Except as otherwise provided in subsection (E), each plat shall meet the standards for
plats set forth in 17 VAC 15-60-10 et seq.; provided that each final plat to be submitted for recordation in the office
of the clerk of the Albemarle County circuit court shall meet the standards for plats set forth in 17 VAC 15-60-10 et
seq.
B. Scale. The plat shall be drawn to a scale of one (1) inch equals fifty (50) feet or to such scale as
may be approved by the agent in a particular case.
C. Size. The plat shall be prepared on one (1) or more sheets, provided that no sheet shall exceed
twenty-four (24) inches by thirty-six (36) inches in size, and further provided that if the plat is prepared on more
than one (1) sheet, match lines shall clearly indicate where the several sheets join.
D. Approximate North. The top of each sheet shall be approximately north.
E. Number of copies. The following number of copies of plats shall be submitted for review, and each
copy shall be clearly legible in blue or black ink:
1. Plats eligible for the procedures in sections 14-206 through 14-208.2: Five (5) copies.
2. Preliminary plats: Sixteen (16) copies.
3. Final plats: One original on mylar and one copy.
(§ 18-45, 9-5-96, 5-3-79, 8-28-74; § 18-51, 9-5-96, 8-28-74 (§ 7); § 18-55, 9-5-96, 2-4-81, 8-28-74 (§ 8); 1988
Code, §§ 18-45, 18-55; Ord. 98-A(1), 8-5-98; Ord. 05-14(1), 4-20-05, effective 6-20-05)
State law reference--Va. Code §§ 15.2-2241(1), (9).
Sec. 14-302 Contents of preliminary plat.
A preliminary plat shall contain the following information:
A. A preliminary plat shall contain the following information, which must be included in order for a
preliminary plat to be deemed complete under section 14-218:
1. Name of subdivision. The title under which the subdivision is proposed to be recorded.
The title shall not duplicate or be a homonym of an existing or reserved subdivision name within the county, the
City of Charlottesville, or the Town of Scottsville, except if the subdivision is an extension of an existing
subdivision.
2. Vicinity map. A map at a scale of one (1) inch equal to two thousand (2,000) feet showing
the property and its relationship with adjoining land and streets, its relationship with landmarks in the area and, if
the subdivision is a phased subdivision, all other phases of the subdivision for which a final plat has been
approved, in detail adequate to describe the location of the property without field review.
3. Existing or platted streets. The location, width and names of all existing or platted streets
and all other rights-of-way.
45
4. Private easements. The location and dimensions of all existing and proposed private
easements. Existing easements shall be labeled with the deed book and page number and the name of the owner
of record.
5. Public easements. The location and dimensions of all existing and proposed public
easements outside of a street right-of-way. Existing easements shall be labeled with the deed book and page
number and the name of the public owner of record. Proposed easements shall be labeled as “ded icated to public
use.”
6. Alleys and shared driveways. The location and dimensions of all easements for alleys and
shared driveways.
7. Existing and departing lot lines. If the property consists of more than one existing lot, then
the identification of the existing lots and their outlines, which shall be indicated by dashed lines; and, the location of
departing lot lines of abutting lots.
8. Proposed lots. The number, approximate dimensions, and area of each proposed lot.
9. Building sites on proposed lots. The location, area and dimensions of a building site on
each proposed lot complying with the requirements of section 18-4.2. The plat shall also contain the following
note: “Parcel [letter or number] and the residue of Tax Map/Parcel [numbers] each contain a building site that
complies with section 4.2.1 of the Albemarle County Zoning Ordinance.”
10. Right of further division of proposed lots. The number of lots, as assigned by the
subdivider, into which each proposed lot may be further divided by right pursuant to section 18-10.3.1, if
applicable. The plat shall also contain the following note: “Parcel [letter or number] is assigned [number]
development rights and may/may not be further divided and when further divided these rights shall not c omprise
more than [number] acres. The residue of Tax Map/Parcel [numbers] is retaining [number] development rights and
when further divided it shall not consist of more than [number] acres.” Development rights need not be assigned to
a special lot.
11. Instrument creating property proposed for subdivision. The deed book and page number
of the instrument whereby the property was created, as recorded in the office of the clerk of the circuit court of the
county.
12. Topography. Existing topography at the time of plat submittal at up to twenty [20] percent
slope, with a contour interval that is not greater than the interval on aerial topography available from the county.
The source of topography, including survey date and name of the licensed professional; or a statement that
topography data provided by the county was used Proposed grading, with a contour interval equal to the intervals
of the existing topography, supplemented where necessary by spot elevations; areas of the site where existing
slopes are twenty-five (25) percent or greater. Existing topography for the entire site with sufficient offsite
topography to describe prominent and pertinent offsite features and physical characteristics, but in no case less
than fifty (50) feet outside of the site unless otherwise approved by the agent. For property in the rural areas
zoning district, the proposed grading shall show all grading on each proposed lot, including access, clearing and all
other lot improvements.
13. Proposed facilities. The location of proposed water and sewer lines and related
improvements; proposed drainage and stormwater management facilities and related improvements.
14. Land to be dedicated in fee or reserved. The location, acreage, and current owner of all
land intended to be dedicated in fee or reserved for public use, or to be reserved in a deed for the common use of
lot owners in the subdivision.
15. Identification of all owners and certain interest holders. The names and addresses of
each owner of record and holders of any easements affecting the property.
16. Dam break inundation zones. The limits of a dam break inundation zone.
B. A preliminary plat shall also contain the following information, provided that the preliminary plat
shall not be deemed incomplete for purposes of section 14-218 if it does not include this information in the initial
plat submittal:
46
1. General information. The date of drawing, including the date of the last revision, the
number of sheets, the north point, and the scale. If true north is used, the method of determination shall be shown.
2. Name of plat preparer. The name of the person who prepared the plat.
3. Public areas, facilities or uses. The location of all areas shown in the comprehensive plan
as proposed sites for public areas, facilities or uses, as described in Virginia Code § 15.2-2232, which are located
wholly or in part within the property.
4. Places of burial. The location of any grave, object or structure marking a place of burial
located on the property.
5. Zoning classification. The zoning classification of the property, including all applicable
zoning overlay districts, proffers, special use permits and variances.
6. Tax map and parcel number. The county tax map and parcel number of the property.
7. Reservior watershed; agricultural-forestal district. A notation as to whether the land is
within an Albemarle County and/or City of Charlottesville water supply watershed or an agricultural-forestal district.
8. Yards. The location of all yards required by this chapter and the zoning ordinance, which
may be shown graphically or described in a note on the plat.
9. Flood plain. The location of any part of the property within the flood hazard overlay
district, as set forth in section 18-30.3.
10. Stream buffers. The location of stream buffers required by the water protection ordinance,
with the following note: “The stream buffer(s) shown hereon shall be managed in accordance with the Albemarle
County Water Protection Ordinance.”
(9-5-96, 2-4-81, 8-28-74; 1988 Code, § 18-52; Ord. 98-A(1), 8-5-98; Ord. 05-14(1), 4-20-05, effective 6-20-05; Ord.
08-14(1), 2-6-08; Ord. 11-14(1), 6-1-11)
State law reference--Va. Code §§ 15.2-2241(1), 15.2-2258, 15.2-2262.
Sec. 14-303 Contents of final plat.
In addition to containing all of the information required by section 14-302, except for the information
required by section 14-302(A)(12), a final plat shall contain the following information:
A. Statement of consent to division. A statement that: “The platting or dedication of the following
described land [insert a correct description of the land subdivided] is with the free consent and in accordance with
the desire of the undersigned owners, proprietors and trustees, if any.”
B. Section name or number. The name or number of the section if the property is a part of a larger
piece of land.
C. Boundary lines. The exterior boundary lines of the property with bearings in degrees, minutes and
seconds. Curvilinear data shall include radius, central angle, arc length, and tangent distance. All dimensions
shall conform to the standards set forth in this chapter.
D. Acreage of lots. The total acreage of each existing lot and each proposed lot.
E. Dimension standards and information on all lots, streets, alleys, easements, and shared
driveways. All linear, angular, and curvilinear dimensions of lots, streets, alleys, public easements and private
easements and shared driveways shall conform to the requirements set forth in 18 VAC 10 -20-370(C), a copy of
which shall be on file in the department of community development. Curvilinear data shall include radius, central
angle, arc length, and tangent distances and may be shown either directly on the corresponding boundary or
surveyed line or in table form. Easements shown for private streets, alleys and shared driveways shall be labeled
as “private street easement”, “alley easement” or “shared driveway easement.” The easement holder(s) shall be
47
identified on the plat. If shared driveways are shown, a note shall be added to the plat stating that maintenance
shall be by the owners of the lots affected by the shared driveway easement, not by the Virginia Department of
Transportation or the county.
F. Identification of sections, blocks and lots. Sections (phases) shall be identified by numbers; blocks
shall be identified by letters; lots shall be identified by numbers, assigned in numerical order.
G. Ownership of common areas. The intended ownership of all common areas.
H. Monuments. The location and material of all permanent reference monuments. Monuments found
or installed prior to plat recordation may be referred to if they are permanent and undisturbed. If any monument
required by this chapter will be installed after recordation of the final plat, the c ertification of the professional
engineer or land surveyor shall so note.
I. Bearing and distance ties. A definite bearing and distance tie between not less than two (2)
permanent monuments on the exterior boundary of the property and further tie to existing street intersection where
possible and reasonably convenient.
J. Restrictions. Restrictions imposed in conjunction with the approval of the preliminary plat and their
period of existence. If the length of a restriction makes its inclusion on the final plat impractical, and does not
necessitate the preparation of a separate instrument, reference shall be made to the restriction on the final plat.
K. Temporary turnarounds. The location of temporary turnarounds, if needed, with the following
accompanying note: “The area on this plat designated as a temporary turnaround will be constructed and used as
other streets in the subdivision until (street name) is/are extended to (street name), at which time the land in the
temporary turnaround area will be abandoned for street purposes and will revert to adjoining property owners in
accordance with specific provisions in their respective deeds.”
L. Public utility, drainage and sight distance easements. The location and dimensions of each public
utility, drainage and sight distance easement outside of a street right-of-way; for each existing easement, include a
note stating the deed book and page number.
M. Street names. The name of each proposed street, which names shall be subject to approv al by
the agent.
N. Statement pertaining to private streets. If the subdivision will contain one or more private streets,
the following statement: “The streets in this subdivision may not meet the standards for acceptance into the
secondary system of state highways and will not be maintained by the Virginia Department of Transportation or the
County of Albemarle.”
O. Signature panels. Signature panels for each owner and for the agent or his designee. The
signature panel for the owner shall be located immediately below the statement required by paragraph (A).
P. Notary panels. Notary panels for the notary to acknowledge the signature of the owner.
Q. Water supply. A statement as to whether the subdivision will be served by a public water supp ly
and a public sewer system. If the property is not within the service authority jurisdictional area, the following
statement: “Under current county policy, public water and/or sewer service will not be available to this property.”
R. Parent parcel access. If the subdivision is in the rural areas, the following statement, unless a
waiver is granted as provided in section 14-404: “All subsequent divisions of the residue shall enter only onto such
street(s) shown on the approved final plat and shall have no immediate access onto to any public street.”
S. Control points. At least four (4) control points, evenly distributed across the property and located
at survey property corners, and shown on each sheet depicting the property. At the option of the su bdivider, the
control points may be shown on a copy of the final plat, rather than on the original final plat.
T. Special lots. If the subdivision creates a special lot, the following note shall be placed on the plat:
“Lot ‘X’ is a special lot established solely for (insert purpose for the special lot as identified in the definition of
special lot in section 14-106).”
48
(9-5-96, 2-4-81, 8-28-74 (§ 8); 1988 Code, § 18-55; Ord. 98-A(1), 8-5-98; Ord. 02-14(1), 2-6-02; Ord. 05-14(1), 4-
20-05, effective 6-20-05; Ord. 11-14(1), 6-1-11)
State law reference--Va. Code §§ 15.2-2241(1), 15.2-2262, 15.2-2264.
Division 2. Documents and Information to be Submitted with Preliminary or Final Plat
Sec. 14-304 Request to disturb critical slopes.
If the proposed subdivision will require the disturbance of critical slopes, the subdivider shall submit with
each preliminary plat, or if none, with each final plat, a written request or application under the applicable sections
of the zoning ordinance.
(Ord. 05-14(1), 4-20-05, effective 6-20-05)
State law reference--Va. Code §§ 15.2-2241(9).
Sec. 14-305 Stormwater management information.
The subdivider shall submit with each preliminary plat or, if none, with each the final plat:
A. Removal rate computations and project drainage area maps as described in the design standards
manual to support conceptual stormwater management plans. In addition, the subdivider shall submit a written
request and justification for any waiver of water detention requirements allowed by the water protection ordinance,
if such a waiver is needed.
B. If applicable, a mitigation plan as provided in section 17-322 of the water protection ordinance.
(Ord. 98-A(1), 8-5-98; Ord. 05-14(1), 4-20-05, effective 6-20-05)
State law reference--Va. Code §§ 15.2-2241(3), 15.2-2262.
Sec. 14-307 Stream crossings.
If any lot within the subdivision would be served by a street or driveway crossing a perennial or intermittent
stream, the subdivider shall submit with each preliminary plat or, if non e, with each final plat, the information
required to show that the stream crossing would satisfy the requirements of section 17 -320(D) or, in the alternative,
section 17-321(4).
(Ord. 05-14(1), 4-20-05, effective 6-20-05)
State law reference--Va. Code §§ 62.1-44.15:73.
Sec. 14-307.1 Dam break inundation zones.
If the proposed subdivision is wholly or partially within the boundaries of a dam break inundation zone, and
the proposed subdivision is a “development” as defined in this chapter, the site rev iew committee shall review the
preliminary plat, or if none, the final plat, as follows: (i) it shall review the dam break inundation zone map on file
with the county for the affected impounding structure; (ii) notify the dam owner about the proposed subdivision; and
(iii) within ten (10) days after the application is deemed complete, send a written request to the Virginia Department
of Conservation and Recreation to make a determination of the potential impacts of the proposed subdivision on
the spillway design flood standards required for the dam as provided in Virginia Code
§ 10.1-606.3.
State law reference--Va. Code §§ 10.1-606.3, 15.2-2243.1.
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Division 3. Documents and Information to be Submitted with Final Plat
Sec. 14-317 Instrument evidencing maintenance of certain improvements.
If the subdivision will contain one (1) or more improvements that are not to be maintained by the county or
any authority or other public agency, the subdivider shall submit with the final plat an instrument assuring t he
perpetual maintenance of the improvement, as follows:
A. The instrument shall, at a minimum:
1. Identify the plat to which the instrument applies; if the plat has been recorded, the
identification shall include a deed book and page number.
2. State that the improvement will be maintained in perpetuity.
3. State that the improvement will be maintained to a standard that, at a minimum, ensures
that it will remain in substantially the condition it was in when approved by the county if the improvem ent was
installed prior to the agent signing the plat or the condition it is to be in when the surety was released as provided
in section 14-436; for a private street, shared driveway, or alley, the instrument also shall state substantially as
follows: “The travelway shall at all times be maintained so that it is safe and convenient for passenger automobiles
and emergency vehicles at all times except in severe temporary weather conditions.”
4. If the instrument pertains to the maintenance of one or more private streets, alleys or
shared driveways, it shall define “maintenance” by stating substantially as follows: “For purposes of this instrument,
‘maintenance’ includes the maintenance of the private streets or alleys, and all curbs, curbs and gutters, dr ainage
facilities, utilities, dams, bridges and other private street improvements, and the prompt removal of snow, water,
debris, or any other obstruction so as to keep the private street or alley reasonably open for usage by all vehicles,
including emergency services vehicles.”
5. Describe the condition of the improvement when it was approved by the county if the
improvement was installed prior to the agent signing the plat or the condition it is to be in when the surety was
released as provided in section 14-436.
6. Identify the timing or conditions warranting maintenance of the improvement.
7. State a means to collect funds necessary for the cost of maintaining the improvement; at a
minimum, the means stated shall include the right of any landowner subject to the instrument to record a lien
against a non-contributing landowner, to bring an action at law to collect the funds, or both.
8. Describe how maintenance costs will be prorated among the landowners subject to the
instrument (e.g., “equally,” or on a percentage basis); if any lot within the subdivision may be further divided, the
instrument shall also describe how maintenance costs will be prorated among the landowners after division.
9. State substantially as follows: “No public agency, including the Virginia Department of
Transportation and the County of Albemarle, Virginia, will be responsible for maintaining any improvement
identified herein.”
B. The instrument shall be subject to review and approval by the county attorney and shall be in a
form and style so that it may be recorded in the office of the clerk of the circuit court of the county. The agent may
require that the instrument be on a form prepared by the county attorney.
C. For purposes of this section, the term “to maintain,” or any derivation of that verb, includes the
maintenance, replacement, reconstruction and correction of defects or damage.
D. Nothing in this section shall affect the rights of the county reserved under section 14-440.
(§ 18-7, 9-5-96, 12-21-83; § 18-36 (part), 9-5-96, 8-28-74; 1988 Code, § 18-7, 18-36; Ord. 98-A(1), 8-5-98; Ord.
02-14(1), 2-6-02, § 14-313; Ord. 05-14(1), 4-20-05, effective 6-20-05)
50
Sec. 14-318 Dam break inundation zones; engineering study and mapping information.
If the proposed subdivision is wholly or partially within the boundaries of a dam break inundation zone, and
the proposed subdivision is a “development” as defined in this chapter, the subdivider shall submit with the final
plat the following:
A. Engineering study. If the Virginia Department of Conservation and Recreation determines that a
plan of development proposed by a subdivider would change the spillway design flood standards of an impounding
structure pursuant to Virginia Code § 10.1-606.3, the subdivider shall submit an engineering study in conformance
with the Virginia Soil and Water Conservation Board’s standards under the Virginia Dam Safety Act in Virginia
Code § 10.1-604 et seq. and the Virginia Impounding Structure regulations in 4 VAC 50-20. The engineering study
shall be reviewed and acted upon by the Virginia Department of Conservation and Recreation as provided in
Virginia Code § 15.2-2243.1.
B. Mapping information. The subdivider shall provide the dam owner, the county, and any other
affected localities with information necessary for the dam owner to update the dam break inundation zone map to
reflect any new development within the dam break inundation zone following completion of the development.
State law reference--Va. Code §§ 10.1-606.3, 15.2-2243.1.
Article IV. On-site Improvements and Design
Division 1. Lots and Blocks
Sec. 14-401 Double frontage lots.
Double frontage lots for single family detached and attached residential uses are prohibited. The
prohibition of double frontage lots may be varied or excepted by the agent as provided in section 14-203.1. Double
frontage lots shall be screened as provided in section 14-419.
(Ord. 98-A(1), 8-5-98, § 14-500; Ord. 05-14(1), 4-20-05, effective 6-20-05)
State law reference--Va. Code §§ 15.2-2241(3), 15.2-2242(1).
Sec. 14-402 Lot shape.
Each lot within a subdivision shall be of a shape which provides a satisfactory and desirable building site,
and shall otherwise be at least the minimum lot width allowed by the applicable provisions of the zoning ordinance.
No lot shall contain peculiarly shaped elongations designed solely to provide the required square footage of area
or frontage on a street. All portions of each lot shall be contiguous.
(9-5-96, 8-28-74; 1988 Code, § 18-29; Ord. 98-A(1), 8-5-98, § 14-503; Ord. 05-14(1), 4-20-05, effective 6-20-05)
State law reference--Va. Code § 15.2-2241(3).
Sec. 14-404 Lot location to allow access from lot onto street or shared driveway.
Each lot within a subdivision shall be located as follows:
A. Single point of access required. Each lot, other than a corner lot within the development areas,
shall have reasonable access to the building site from only one street, shared driveway or alley established at the
same time as the subdivision; provided that, if the subdivision is in the rural areas, each lot created from the
subsequent division of any lot within the subdivision shall enter only onto such street(s) established at the same
time as the original subdivision and shall have no immediate acc ess onto any other public street.
B. Conditions when single point of access not required. Notwithstanding subsection (A), a lot may be
located so that it has reasonable access to the building site from a public street abutting the subdivision if: (i) t he
agent approves a variation or exception under subsection (C) and section 14 -203.1; (ii) the subdivider obtains an
entrance permit from the Virginia Department of Transportation for the access; (iii) the entrance complies with the
design standards set forth in sections 14-410(F) and 14-410(G); and (iv) the subdivider demonstrates to the agent
prior to approval of the final plat that the variation or exception does not violate any covenants to be recorded for
the subdivision.
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C. Lots exempt from requirements of subsections (A) and (B). The requirements of subsections (A)
and (B) shall not apply to the subdivision of a parcel where two (2) or more dwellings existed on the parcel on
October 14, 2009 and one existing dwelling would be located on each lot created.
D. Standards for variation or exception. The requirements of subsection (A) may be varied or
excepted by the agent as provided in section 14-203.1. A request for a variation or exception may be made prior
to or with submittal of a preliminary or final plat, as follows:
1. Information to be submitted. A request shall include a justification for the variation or
exception and a conceptual plan. The conceptual plan shall: (i) be drawn at a scale no smaller than one (1) inch
equals two hundred (200) feet showing surveyed boundaries of the property or an alternative scale approved by
the agent; (ii) show the topography of the property at the best interval available from the County including
delineation of proposed building sites; (iii) show the locations of streams, stream buffers, critical slopes,
floodplains, and known wetlands; and (v) show the proposed layout of lots, location of existing features such as
buildings, fences, drainfields, existing driveways or other access ways, or other significan t features.
2. Consideration. In reviewing a request for a variation or exception and determining whether
the findings provided in section 14-203.1 can be made, the agent shall consider whether: (i) installing a single point
of access would substantially impact environmental resources such as streams, stream buffers, critical slopes, and
floodplain; (ii) construction of a single point of access would substantially impact features existing on the property
prior to October 14, 2009; (iii) granting the a variation or exception would contribute to maintaining an agricultural
or forestal use of the property; and (iv) granting the a variation or exception would facilitate development of areas
identified in the open space plan as containing significant resources.
E. Terms defined. For purposes of this section, the term “reasonable access” means a location for a
driveway or, if a driveway location is not provided, a location for a suitable foot path from the parking spaces
required by the zoning ordinance to the building site; the term “within the subdivision” means within the exterior
boundary lines of the lands being divided.
(§ 18-36 (part), 9-5-96, 8-28-74; § 18-39 (part), 9-5-96, 10-19-77, 5-10-77, 8-28-74; 1988 Code, §§ 18-36, 18-39;
Ord. 98-A(1), 8-5-98, §§ 14-500(C), 14-505; Ord. 05-14(1), 4-20-05, effective 6-20-05; Ord. 09-14(2), 10-14-09;
Ord. 10-14(1), 2-10-10)
State law reference--Va. Code §§ 15.2-2241(5), 15.2-2242(1).
Sec. 14-405 Side lot lines.
Side lot lines of each lot within a subdivision shall be approximately at right angles or radial to the street
line, except turnaround terminal points.
The requirements of this section may be varied or excepted by the agent as provided in section 14-203.1.
(9-5-96, 8-28-74; 1988 Code, § 18-32; Ord. 98-A(1), 8-5-98, § 14-506; Ord. 05-14(1), 4-20-05, effective 6-20-05)
State law reference--Va. Code §§ 15.2-2241(3), 15.2-2242(1).
Sec. 14-407 Block width.
Each block within a subdivision shall be wide enough to allow two (2) tiers of lots of the m inimum depth
allowed by the applicable provisions of the zoning ordinance fronting on all streets.
The requirements of this section may be varied or excepted by the agent as provided in section 14-203.1.
In reviewing a request for a variation or exception and determining whether the findings provided in section 14-
203.1 can be made, the agent shall consider whether the creation of two (2) tiers of lots of the minimum depth are
prevented by topographical conditions or the size of the property.
(9-5-96, 8-28-74; 1988 Code, § 18-34; Ord. 98-A(1), 8-5-98, § 14-508; Ord. 05-14(1), 4-20-05, effective 6-20-05)
State law reference--Va. Code §§ 15.2-2241(3), 15.2-2242(1).
52
Division 2. Streets and Alleys
Sec. 14-409 Coordination and extension of streets.
Public streets within the development areas shall be coordinated and extended as follows:
A. Coordination. All public streets within a subdivision shall be coordinated as to location, width,
grades and drainage with other public streets, as follows: (i) by coordinating with existing or planned streets within
the general area of the subdivision, including but not limited to existing or future adjacent subdivisions, or
subdivisions contiguous to such adjacent subdivisions; and (ii) by continuing the public s treets to planned, existing,
or platted streets into adjoining areas by dedication or reservation of right of way adequate to accommodate
continuation of the streets.
B. Extension. All public streets within a subdivision shall be extended and constructe d to the abutting
property lines to provide vehicular and pedestrian interconnections to future development on adjoining lands,
terminating within the subdivision with a temporary turnaround. The arrangement of the public streets shall provide
adequate access to adjoining lands within the subdivision where necessary to provide for the orderly development
of the county including, but not limited to, reserving temporary construction easements of sufficient area to
accommodate the future completion of the street when the adjoining lands are developed.
C. Variation or exception by commission of coordination requirement. The requirements of
subsection (A) may varied or excepted by the commission as provided in section 14 -203.1. A request for a
variation or exception may be made prior to or with submittal of a preliminary plat or with an application to rezone
the land, as follows:
1. Information to be submitted. If such a request is made, it shall include: (i) a justification for
the request; (ii) a vicinity map showing a larger street network at a scale no smaller than one (1) inch equals six
hundred (600) feet; (iii) a conceptual plan at a scale no smaller than one (1) inch equals two hundred (200) feet
showing surveyed boundaries of the property; (i v) topography of the property at five (5) foot intervals for the
property being subdivided and on abutting lands to a distance of five hundred (500) feet from the boundary line or
a lesser distance determined to be sufficient by the agent; (v) the locations of streams, stream buffers, steep
slopes, floodplains, known wetlands; (vi) the proposed layout of streets and lots, unit types, uses, and location of
parking, as applicable; and (vii) the location of the nearest development and rural area boundaries, an d the
maximum number of lots proposed in the subdivision.
2. Consideration. In reviewing a request for a variation or exception under section 14-203.1,
the commission shall consider: (i) the engineering requirements for coordination and connection; (ii) whether the
need for coordination and connection outweighs the impacts on environmental resources such as streams, stream
buffers, steep slopes, and floodplain; (iii) whether the street would and should be extended into the rural areas; (iv)
whether there is an alternative street connection from another location in the subdivision that is preferable because
of design, traffic flow, or the promotion of the goals of the comprehensive plan, including the neighborhood model,
and the applicable neighborhood master plan; and (v) whether the variation or exception would enable a different
principle of the neighborhood model to be satisfied to a greater extent so that the overall goals of the neighborhood
model are more fully achieved.
D. Variation or exception by agent of extension requirement. The requirements of subsection (B)
may be varied or excepted by the agent as provided in section 14-203.1. A request for a variation or exception
may be made prior to or with submittal of a preliminary plat or with an application to rezone the land, as follows:
1. Information to be submitted. If such a request is made, it shall include: (i) a justification for
the request; (ii) a vicinity map showing a larger street network at a scale no smaller than one (1) inch equ als six
hundred (600) feet; (iii) a conceptual plan at a scale no smaller than one (1) inch equals two hundred (200) feet
showing surveyed boundaries of the property; (iv) topography of the property at five (5) foot intervals for the
property being subdivided and on abutting lands to a distance of five hundred (500) feet from the boundary line or
a lesser distance determined to be sufficient by the agent; (v) the locations of streams, stream buffers, steep
slopes, floodplains, known wetlands; (vi) the proposed layout of streets and lots, unit types, uses, and location of
parking, as applicable; and (vii) identification of the location of the nearest development and rural area boundaries
and the maximum number of lots proposed in the subdivision.
2. Consideration. In reviewing a request for a variation or exception under section 14-203.1,
the agent shall consider whether: (i) extending the street to the abutting property line would require offsite
53
easements; (ii) the need for the extension outweighs the impacts on environmental resources such as streams,
stream buffers, steep slopes, and floodplain; (iii) alternative connections to the abutting lands from a different
location would provide a better connection; (iv) the subdivider would contribute to the c ost to complete the
extension to the abutting property line when the adjoining lands are developed, and how; and (v) the street would
be extended into the rural areas.
3. Requirements if variation or exception granted. If the agent grants the variation or
exception: (i) the public street shall be constructed past the point at which the primary structures on the lots
abutting the street would rely on the finished grade for landscaping and other improvements, but in no case less
than thirty (30) feet be yond the curb line or ditch line on those lots; (ii) the subdivider shall dedicate the required
right of way to the abutting property line, along with all easements required to allow the street connection to be
constructed in the future; (iii) the required easements shall prohibit any improvements being established therein;
(iv) the subdivider shall provide a surety guarantee or an escrow of funds for its share of the cost to complete the
extension if determined by the agent to be necessary; the type of surety guarantee or the escrow shall be
acceptable to the county engineer and be approved by the county attorney; and (v) the agent may require that the
subdivider install and maintain a sign at the end of the constructed portion of the street stating that t he street is a
future through street, and that the sign is maintained until the county grants final approval of extending the street to
the abutting property.
(9-5-96, 11-21-79, 3-29-78, 8-28-74; 1988 Code, § 18-37; Ord. 98-A(1), 8-5-98, § 14-510; Ord. 05-14(1), 4-20-05,
effective 6-20-05)
State law reference--Va. Code § 15.2-2241(2), (4), 15.2-2242(1).
Sec. 14-410 Standards for all streets and alleys.
The following minimum design standards shall apply to all streets and alleys within a subdivis ion:
A. Layout. Each street shall be configured, to the extent practicable, to conform to the natural
topography, to minimize the disturbance of critical slopes and natural drainage areas, and to provide vehicular and
pedestrian interconnections within the subdivision and existing or future development on adjoining lands, as
provided in section 14-409.
B. Angle of intersection. An angle of intersection of not less than eighty (80) degrees is acceptable;
however, a perpendicular intersection, where practical, is preferred. The county engineer may grant an exception
to this requirement for a private street in accord with American Association of State Highway and Transportation
Officials guidelines.
C. Temporary turnarounds. Streets more than three hundred (300) feet in length from an
intersection, or proposed to serve more than four (4) dwelling units that terminate temporarily shall be provided
with a temporary turnaround meeting American Association of State Highway and Transportation Officia ls
guidelines. The temporary turnaround shall be extended to the abutting property line unless a waiver is granted as
provided in section 14-409(D). The temporary turnaround shall exist until the street extensions are accepted into
the secondary system of state highways.
D. Alleys. Alleys with a right-of-way or easement width of not less than twenty (20) feet may be
provided in the rear or side of all commercial, industrial, and residential lots. The design specifications shall be
determined by the county engineer, subject to the following: (i) the alley design shall allow emergency services
vehicles such as police cars and ambulances to use the alley; and (ii) an alley need not be designed to
accommodate the largest emergency services vehicles, except that if firetrucks do not have adequate access to
one or more lots from a street, the county engineer shall require that the alley be designed to accommodate
firetrucks. The agent may authorize an alley to be established with a right-of-way or easement width of less than
twenty (20) feet if the county engineer determines that the proposed design incorporates features that assure
public safety and welfare. The county engineer shall consider the provision of adequate access to required on -site
parking and/or garages, unimpeded vehicular circulation along the alley, an adequate clear zone along the alley,
and other safety issues deemed appropriate for the conditions. Alley rights -of-way may either be established as
privately held fee simple interests or as privately held easements.
E. Reserved or spite strips. Reserved or spite strips restricting access from adjoining lands to an
existing or future street or alley shall not be permitted; provided that nothing herein shall prohibit areas for scenic
planting and landscaping where adequate access to the adjoining lands is otherwise available.
54
F. Principal means of access to subdivision. The principal means of access to a subdivision shall be
either a public street or a private street. The principal means of access shall conform, in the case of a public
street, to Virginia Department of Transportation standards, or, in the case of a private street, to the standards of
the county as set forth in section 14-412, throughout the street’s length, including any distance between the
boundary of the subdivision and any existing public street. If discharge water of a twenty-five (25) year storm could
be reasonably anticipated to inundate, block, destroy or otherwise obstruct a principal means of access to a
residential subdivision, the following shall also apply:
1. The principal means of access shall be designed and constructed so as to provide
unobstructed access at the time of flooding; and/or
2. An alternative means of access which is not subject to inundation, blockage, destruction or
obstruction, and which is accessible from each lot within the subdivision shall be constructed.
G. Drainage. Adequate drainage control shall be provided for streets by installing culverts under
streets; side, lead, or outlet ditches; catch basins; curb inlets; or any other devices, including piping, as determined
to be necessary by the county engineer. All of these improvements shall meet the standards of the county or, in
the event no county standards exist, Virginia Department of Transportation standards.
H. Curb, curb and gutter, sidewalks and planting strips. In the development areas, streets shall be
constructed with curb or curb and gutter, sidewalks and planting strips. Sidewalks and planting strips s hall be
designed and constructed in compliance with section 14-422.
I. Variation of or exception to requirement for curb or curb and gutter . The requirement for curb or
curb and gutter may be waived varied or excepted by the commission as provided in section 14-203.1. A request
for a variation or exception may be made prior to or with submittal of a preliminary plat or with an application to
rezone the land, as follows:
1. Information to be submitted. If such a request is made, it shall include: (i) a justification for
the request; (ii) a vicinity map showing a larger street network at a scale no smaller than one (1) inch equals six
hundred (600) feet; (iii) a conceptual plan at a scale no smaller than one (1) inch equals two hundred (200) feet
showing surveyed boundaries of the property; (iv) topography of the property at five (5) foot intervals for the
property being subdivided and on abutting lands to a distance of five hundred (500) feet from the boundary line or
a lesser distance determined to be sufficient by the agent; (v) the locations of streams, stream buffers, steep
slopes, floodplains, known wetlands; (vi) the proposed layout of streets and lots, unit types, uses, and location of
parking, as applicable; and (vii) the maximum number of lots to be served by the rural cross-section street, the
location of the nearest development and rural area boundaries, and a cross -section of existing streets to which the
proposed subdivision streets would be extended, if any.
2. Consideration. In reviewing a request for a variation or exception under section 14-203.1
to allow a rural cross-section (no curb and no curb and gutter) instead, the commission shall consider: (i) the
number of lots in the subdivision and the types of lots to be served; (ii) the length of the street; (iii) whether the
proposed street(s) or street extension connects into an existing system of streets constructed to a rural cross -
section; (iv) the proximity of the subdivision and the street to the boundaries of the development and rural areas;
(v) whether the street terminates in the neighborhood or at the edge of the development area or is otherwise
expected to provide interconnections to abutting lands; (vi) whether a rural cross -section in the development areas
furthers the goals of the comprehensive plan, with particular emphasis on the neighborhood model and the
applicable neighborhood master plan; (vii) whether the use of a rural cross -section would enable a different
principle of the neighborhood model to be more fully implemented; and (viii) whether the proposed density of the
subdivision is consistent with the density recommended in the land use plan section of the comprehensive plan.
(§ 18-37, 9-5-96, 11-21-79, 3-29-78, 8-28-74; § 18-39 (part), 9-5-96, 10-19-77, 5-10-77, 8-28-74; 1988 Code, §§
18-37, 18-39; Ord. 98-A(1), 8-5-98, § 14-512; Ord. 02-14(1), 2-6-02, § 14-512; Ord. 05-14(1), 4-20-05, effective 6-
20-05)
State law reference--Va. Code §§ 15.2-2241(4), 15.2-2242(1), 15.2-2242(3).
55
Sec. 14-412 Standards for private streets only.
In addition to the minimum design requirements set forth in section 14-410, the following minimum design
requirements shall apply to private streets authorized by this chapter:
A. Residential private streets. Each private street serving detached residential uses authorized under
sections 14-232 or 14-233 shall satisfy the following:
1. Streets serving two lots. Each private street serving two (2) lots: (i) shall not exceed a
sixteen (16) percent grade calculated over a distance of fifty (50) feet; (ii) shall have a travelway that is at least ten
(10) feet in width; and (iii) shall include a rectangular zone superjacent to the driveway that is clear of all
obstructions, including any structures and vegetation, that is at least ten (10) feet in width and fourteen (14) feet in
height. The subdivider shall demonstrate to the satisfaction of the county engineer that the street will meet the
requirements of this subsection.
2. Streets serving three to five lots. Each private street serving three (3) to five (5) lots shall
satisfy the following: (i) vertical centerline curvature shall meet a minimum design K value of five (5) for crest
curves and fifteen (15) for sag curves; (ii) sight distances shall not be less than one hundred (100) feet; (iii)
turnarounds shall be provided at the end of each street per American Association of State Highway and
Transportation Officials guidelines; (iv) street easements or right-of-way widths shall be thirty (30) feet minimum;
and (v) the radius for horizontal curvature shall be forty (40) feet or greater, unless otherwise authorized by this
chapter. Any standard in this paragraph (2) may be reduced to the standard for streets serving two (2) lots where
a driveway departs from the street and two lots remain to be served, and a turnaround is provided. In addition, the
following shall also apply:
(a) Private streets in the rural areas. For such private streets in the rural areas: (i)
travelway widths shall be fourteen (14) feet minimum, with three (3) feet minimum shoulder widths, and a minimum
of four (4) feet from the edge of the shoulder to the ditch centerline; (ii) the grade shall not exceed sixteen (16)
percent calculated over a distance fifty (50) feet; (iii) if the grade of any portion of the street exceeds seven (7)
percent, the entire street shall be surfaced as required by Virginia Department of Transportation standards; streets
having a grade of seven (7) percent or less may have a gravel surface; and (iv) the street shall have a rect angular
zone superjacent to the street that is clear of all obstructions, including any structures and vegetation, that is at
least fourteen (14) feet in width and fourteen (14) feet in height.
(b) Private streets in the development areas. For such private streets in the
development areas: (i) an urban cross-section street design shall be provided, with a minimum width of twenty (20)
feet measured from the curb faces or such alternative design, including a street easement or right-of-way width,
deemed adequate by the county engineer to be equivalent to or greater than the applicable standard in the design
standards manual, so as to adequately protect the public health, safety or welfare; additional widths shall be
provided for gutters to control drainage at the discretion of the county engineer; and (ii) the entire street shall be
surfaced as required by Virginia Department of Transportation standards.
3. Streets serving six lots or more. Each private street serving six (6) or more lots shall
satisfy Virginia Department of Transportation standards, provided:
(a) Private streets in the rural areas. For such private streets in the rural areas, the
commission may approve Virginia Department of Transportation standards for mountainous terrain if the s ubdivider
demonstrates, for a specific, identifiable reason, the general welfare, as opposed to the proprietary interests of the
subdivider, would be better served by the application of those standards.
(b) Private streets in the development areas. For such private streets in the
development areas, the agent may approve Virginia Department of Transportation standards for mountainous
terrain or an alternative standard deemed adequate by the county engineer to be equivalent to or greater than the
applicable standard in the design standards manual, so as to adequately protect the public health, safety or
welfare.
4. Streets serving family subdivisions. Each private street authorized to serve a family
subdivision under section 14-232(B)(1) shall satisfy the following: (i) easement or right-of-way widths shall be ten
(10) feet minimum; and (ii) the surveyor shall include the following wording on the plat: “The existing and/or
proposed right-of-way is of adequate width and horizontal and vertical alignment to accommodate a travelway
56
passable by ordinary passenger vehicles in all but temporary extreme weather conditions, together with area
adequate for maintenance of the travelway, as required by section 14-412 of the Albemarle County Code.”
B. Private streets serving non-residential, non-agricultural, attached residential, multi-unit residential
and combined residential and non-residential uses. Each private street authorized to serve non-residential, non-
agricultural, attached residential, multi-unit residential and combined residential and non-residential uses under
sections 14-232 or 14-233 shall satisfy Virginia Department of Transportation standards or an alternative standard
deemed adequate by the agent, upon the recommendation of the county enginee r, to be equivalent to or greater
than the applicable standard in the design standards manual, so as to adequately protect the public health, safety
or welfare. The agent may require minimum travelway widths to provide for on-street parking upon a determination
that the provisions for off-street parking may be inadequate to reasonably preclude unauthorized on-street parking.
C. Clearing land for improvements. A private street constructed to Virginia Department of
Transportation standards shall not be subject to that department’s clear zone requirements.
D. Landscaping and other improvements permitted. Subsequent to construction of a private street, a
subdivider may install ornamental plantings and any other improvements provided that they do not co nflict with
sight distance, drainage facilities or other required improvements.
E. Variation or exception. The standards of sections 14-412(A)(1)(i) and 14-412(A)(2)(a) relating to
street easement or right-of-way widths may be varied or excepted by the agent as provided in section 14-203.1, as
follows:
1. Variation of or exception to section 14-412(A)(1)(i). The agent, with the recommendation
of the county engineer and the fire marshal, may vary or except the standard in section 14-412(A)(1)(i) and
authorize a street having a grade that exceeds sixteen (16) percent if the subdivider demonstrates to the
satisfaction of the county engineer and the fire marshal that public safety vehicles would be able to access each lot
even though the grade may exceed sixteen (16) percent. In developing their recommendation to the agent, the
county engineer and the fire marshal shall consider: (i) the length of the segment of the street that would exceed
sixteen (16) percent; and (ii) whether the segment that would exceed sixteen (16) percent would require the public
safety vehicle to travel uphill towards each lot. In authorizing such a grade, the agent may impose reasonable
conditions to ensure that the public safety vehicles may access the lot including, but not li mited to, a condition
limiting the maximum length any segment of the driveway may exceed sixteen (16) percent.
2. Variation of or exception to section 14-412(A)(2)(a). In reviewing a request for a variation
or exception for a lesser street easement or right-of-way width under section 14-412(A)(2)(a), the agent shall
consider whether: (i) the subdivision will be served by an existing easement or right -of-way of fixed width that
cannot be widened by the subdivider after documented good faith effort to acquire additional width; and (ii) the
existing easement or right-of-way width is adequate to accommodate the required travelway and its maintenance.
If the variation or exception pertains to minimum street easement or right-of-way widths over an existing bridge,
dam or other structure, the agent shall consider whether: (i) the long-term environmental impacts resulting from not
widening the bridge, dam or other structure outweigh complying with the minimum width requirements, as
determined by the county engineer; or (ii) whether the bridge, dam or other structure is a historical structure.
F. Eligibility for future acceptance into the system of state highways . Any and all streets that are not
constructed to meet the standards necessary for inclusion in the system of state highways shall be privately
maintained and shall not be eligible for acceptance into the system of state highways unless improved to current
Virginia Department of Transportation standards with funds other than those appropriated by the General
Assembly and allocated by the Commonwealth Transportation Board.
(§ 18-36, 9-5-96, 8-28-74; § 18-37, 9-5-96, 11-21-79, 3-29-78, 8-28-74(part); 1988 Code, §§ 18-36, 18-37, 18-38;
Ord. 98-A(1), 8-5-98, § 14-514; Ord. 02-14(1), 2-6-02; Ord. 05-14(1), 4-20-05, effective 6-20-05; Ord. 09-14(2), 10-
14-09)
State law reference--Va. Code §§ 15.2-2242(3), 15.2-2242(1), 33.1-72.2.
57
Division 3. Water, Sewers and Other Improvements
Sec. 14-414 Public water and sewerage systems.
A subdivision within the jurisdictional area of the service authority shall be served by public water and/or
sewerage if the service is reasonably available to the subdivision, as follows:
A. The public water and/or sewerage service shall be provided to each lot within the subdivision
within the jurisdictional area, and to assure that service is available to abutting parcels that would rely on such
systems by constructing such systems to the boundary lines of abutting lands.
B. All facilities required to be constructed to provide the services to the lots shall be designed and
constructed to service authority specifications. Sewer facilities constructed to the boundary lines of abutting lands
shall be constructed at a depth and location that allows gravity sewers to provide s ervice to the developable land
draining towards the sewer.
C. For purposes of this section, the term “water and/or sewerage service” shall be deemed not to be
reasonably available in a particular case in which:
1. The commission, in consultation with the service authority, finds that the capacity of the
public water and/or sewerage system is inadequate to serve the proposed development; or
2. The commission, in consultation with the service authority, finds that the capacity of the
public water and/or sewerage system is adequate to serve the proposed development, but the commission finds
that the cost of connecting to the public water and/or sewerage system, exclusive of connection fees, is
unreasonable. In determining whether the cost of connec ting is unreasonable, the commission shall consider,
among other things, the distance the system must be extended to serve the subdivision, the cost of extension, the
uses to be served by the extended system, and the scale of those uses.
D. Variation or exception. The requirements of subsection (A) that such systems be constructed to
the boundary lines of abutting lands may be varied or excepted by the commission as provided in section 14 -
203.1. In reviewing a request for a variation or exception, the commission shall consult with the service authority
and consider whether the system is needed and whether construction of the system would unnecessarily disturb
significant environmental resources. If variation or exception is granted and the systems are not constructed to the
boundary lines, easements for such future systems shall be shown on the final plat.
(§§ 18-22 (part), 9-5-96, 1-3-96, 2-4-81, 12-20-78, 8-28-74 (§ 3)); § 18-25, 9-5-96, 1-3-96, 8-28-74; 1988 Code, §§
18-22, 18-25; Ord. 98-A(1), 8-5-98, § 14-516; Ord. 05-14(1), 4-20-05, effective 6-20-05)
State law reference--Va. Code §§ 15.2-2121, 15.2-2241(4), 15.2-2242(1).
Sec. 14-417 Stormwater management facilities and other control measures.
Stormwater management facilities serving a subdivision shall be designed to comply with the water
protection ordinance. The subdivider shall design and construct all on-site stormwater management facilities and
other control measures required by the water protection ordinance or determined by the count y engineer to be
necessary to control stormwater runoff in compliance with the water protection ordinance, any proffers applicable
to the subdivision, or any other applicable law.
(Ord. 98-A(1), 8-5-98, § 14-520; Ord. 05-14(1), 4-20-05, effective 6-20-05)
State law reference--Va. Code § 15.2-2241(3).
Sec. 14-419 Landscaping for double frontage lots.
Double frontage lots shall be screened as provided in section 18-32.7.9.7. If existing vegetation is to be
used to provide the required screening the subdivider shall sign a conservation checklist approved by the agent to
ensure that the specified trees will be protected during construction. Except as otherwise expressly approved by
the agent in a particular case, the checklist shall conform to the spec ifications in the Virginia Erosion and Sediment
Control Handbook, pages III-393 through III-413, and as hereafter amended.
58
The screening requirements may be varied or excepted by the agent as provided in section 14-203.1. In
reviewing a request for a variation or exception, the agent shall consider whether adequate screening by
topography and vegetation exists so that the rear of the dwelling units will not be visible from a public street or a
street intended to provide rear access to lots.
(Ord. 98-A(1), 8-5-98, § 14-522; Ord. 05-14(1), 4-20-05, effective 6-20-05)
State law reference--Va. Code §§ 15.2-2241(3), 15.2-2242(1)..
Sec. 14-420 Location of utilities above- and underground.
All utilities, including but not limited to wires, cables, pipes, conduits and appurtenant equipment for
electricity, gas, water, sewer, telephone or similar service, shall be located within a subdivision as follows:
A. Each utility shall be located, to the extent practicable, in a manner that conforms to the nat ural
topography, minimizes the disturbance of critical slopes and natural drainage areas, and allows vehicular and
pedestrian interconnections within the subdivision and existing or future development on adjoining lands.
B. All new utilities shall be located underground except the following, which may be located above-
ground: (i) electric transmission lines and facilities; (ii) equipment, including electric distribution transformers,
switch gear, meter pedestals, telephone pedestals, outdoor lighting poles or standards, radio antennae and
associated equipment, which is, under accepted utility practices, normally installed above-ground; (iii) meters,
service connections, and similar equipment normally attached to the outside wall of a utility customer’s pr emises;
and (iv) satellite dishes.
C. If it is necessary to locate a new or existing public utility within the right-of-way of a public street,
the subdivider shall first obtain a permit from the Virginia Department of Transportation.
D. Installation of utilities in or adjacent to the right-of-way shall not preclude the installation of street
trees or required landscaping.
E. The requirements of this section may be varied or excepted by the agent as provided in section
14-203.1. In reviewing a request for a variation or exception, the agent shall consider whether the requirement
would unreasonably impact the existing above-ground electrical network so that extensive off -site improvements
are necessary.
(9-5-96, 8-28-74 (§ 2); 1988 Code, § 18-12; Ord. 98-A(1), 8-5-98, § 14-523; Ord. 05-14(1), 4-20-05, effective 6-20-
05)
State law reference--Va. Code §§ 15.2-2241(4), 15.2-2242(1).
Sec. 14-422 Sidewalks and planting strips.
Sidewalks and planting strips shall be provided as follows:
A. Requirement. Sidewalks and planting strips for street trees and other vegetation shall be
established on both sides of each new street within a subdivision creating lots for single family detached and single
family attached dwellings in the development areas.
B. Sidewalk design. Each sidewalk proposed to be accepted for maintenance by the Virginia
Department of Transportation shall be designed and constructed according to Virginia Department of
Transportation standards or to the standards in the design sta ndards manual, whichever is greater. Each sidewalk
proposed to be privately maintained shall be constructed using concrete, designed so that no concentrated water
flow runs over them, and otherwise satisfy the standards in the design standards manual. Th e agent may allow
privately maintained sidewalks to be a 10-foot multi-use asphalt path in unique circumstances such as a path
leading to a school or major employment center. The asphalt path generally shall run parallel to the street and
shall be constructed to a standard deemed adequate by the county engineer to be equivalent to or greater than the
applicable standard in the design standards manual, so as to adequately protect the public health, safety or
welfare.
C. Sidewalk ownership. Each sidewalk proposed to be accepted for maintenance by the Virginia
Department of Transportation shall be dedicated to public use. Each sidewalk proposed to be privately maintained
59
shall be conveyed to a homeowners association for ownership and maintenance. The agent may require that a
sidewalk proposed by the subdivider to be privately maintained instead be dedicated to public use if the agent
determines there is a need for the sidewalks to be publicly owned and maintained.
D. Planting strip design. Each planting strip shall be a minimum of six (6) feet in width except that the
minimum width may be less in areas of transition between rural cross-section and urban cross-section streets. On
an urban cross-section street, the planting strip shall be located between the curb and the sidewalk. The planting
strip shall be located between the paved travelway and the sidewalk.
E. Variation of or exception to sidewalk requirements. The requirements for sidewalks may be varied
or excepted by the commission as provided in section 14-203.1. A request for a variation or exception may be
made prior to or with submittal of a preliminary plat or with an application to rezone the land, as follows:
1. Information to be submitted. If such a request is made, it shall include: (i) a justification for
the request; (ii) a vicinity map showing a larger street network at a scale no smaller than one (1) inch equals six
hundred (600) feet; (iii) a conceptual plan at a scale no smaller than one (1) inch equals two hundred (200) f eet
showing surveyed boundaries of the property; (iv) topography of the property at five (5) foot intervals for the
property being subdivided and on abutting lands to a distance of five hundred (500) feet from the boundary line or
a lesser distance determined to be sufficient by the agent; (v) the locations of streams, stream buffers, steep
slopes, floodplains, known wetlands; (vi) the proposed layout of streets and lots, unit types, uses, and location of
parking, as applicable; and (vii) the location of an y existing pedestrian network in the area, whether it is publicly or
privately maintained, descriptions by widths and surfaces of the pedestrian ways within the existing pedestrian
network, a proposed alternative profile and the intended ownership and maintenance.
2. Consideration. In reviewing a request to vary or except the requirement for sidewalks, the
commission shall consider whether: (i) a variation or exception to allow a rural cross -section has been granted; (ii)
a surface other than concrete is more appropriate for the subdivision because of the character of the proposed
subdivision and the surrounding neighborhood; (iii) sidewalks on one side of the street are appropriate due to
environmental constraints such as streams, stream buffers, crit ical slopes, floodplain, or wetlands, or because lots
are provided on only one side of the street; (iv) the sidewalks reasonably can connect into an existing or future
pedestrian system in the area; (v) the length of the street is so short and the density of the development is so low
that it is unlikely that the sidewalk would be used to an extent that it would provide a public benefit; (vi) an alternate
pedestrian system including an alternative pavement could provide more appropriate access throughout the
subdivision and to adjoining lands, based on a proposed alternative profile submitted by the subdivider; (vii) the
sidewalks would be publicly or privately maintained; (viii) the waiver promotes the goals of the comprehensive
plan, the neighborhood model, and the applicable neighborhood master plan; and (ix) waiving the requirement
would enable a different principle of the neighborhood model to be more fully achieved.
F. Variation of or exception to planting strip requirements . The requirements for planting strips may
be varied or excepted by the commission as provided in section 14-203.1. A request for a variation or exception
may be made prior to or with submittal of a preliminary plat or with an application to rezone the land, as follows:
1. Information to be submitted. If such a request is made, it shall include: (i) a justification for
the request; (ii) a vicinity map showing a larger street network at a scale no smaller than one (1) inch equals six
hundred (600) feet; (iii) a conceptual plan at a scale no smaller than one (1) inch equals two hundred (200) feet
showing surveyed boundaries of the property; (iv) topography of the property at five (5) foot intervals for the
property being subdivided and on abutting lands to a distance of five hundred (500) feet from the boundary line or
a lesser distance determined to be sufficient by the agent; (v) the locations of streams, stream buffers, steep
slopes, floodplains, known wetlands; and (vi) the proposed layout of streets and lots, unit types, uses , and location
of parking, as applicable.
2. Consideration. In reviewing a request to vary or except any requirement for planting
strips, the commission shall consider whether: (i) a variation or exception to allow a rural cross -section has been
granted; (ii) a sidewalk variation or exception has been granted; (iii) reducing the size of or eliminating the planting
strip promotes the goals of the comprehensive plan, the neighborhood model, and the applicable neighborhood
master plan; and (iv) waiving the requirement would enable a different principle of the neighborhood model to be
more fully achieved.
(9-5-96, 10-19-77, 5-10-77, 8-28-74; 1988 Code, § 18-39; Ord. 98-A(1), 8-5-98, § 14-525; Ord. 05-14(1), 4-20-05,
effective 6-20-05)
60
State law reference--Va. Code §§ 15.2-2241(5), 15.2-2242(1).
Division 4. Contributions, Dedications, Reservations and Transfers
Sec. 14-431 Easements for stormwater management facilities and other control measures.
The agent shall require each subdivider to establish easements for stormwater management facilities and
other control measures, as follows:
A. The following easements shall be required:
1. An easement for all stormwater management facilities and other control measures located
on the property shall be established whenever the improvement is designed and/or constructed beyond a street
right-of-way or access easement, and shall extend from all drainage outfalls to an adequate channel as defined in
4 VAC § 50-30-10 that satisfies the minimum standards in 4 VAC § 50-30-40(19) to the boundary of the property.
2. An easement along any natural stream or man-made waterway located on the property.
B. The area of each easement shall be sufficient, as determined by the county engineer, to: (i)
accommodate the facilities and the drainage characteristics from each drainage outfall from a control measure;
and (ii) allow access to a natural stream or man-made waterway to allow widening, deepening, relocating,
improving, or protecting the natural stream or man-made waterway for drainage purposes.
C. Each easement shall include the right of ingress and egress for installation, maintenance,
operation, repair and reconstruction of any improvement within the easement. The agent also may require that an
easement be provided through abutting land under the same ownership as the property.
D. The board of supervisors shall not be required to compensate the subdivider for any easement or
any improvements thereon.
E. No easement shall be considered part of any required street width.
(§ 18-16, 9-5-96, 8-28-74 (§ 3); § 18-21, 9-5-96, 12-15-82, 8-28-74 (§ 3); 1988 Code, §§ 18-16, 18-21; Ord. 98-
A(1), 8-5-98, § 14-409; Ord. 05-14(1), 4-20-05, effective 6-20-05)
State law reference--Va. Code § 15.2-2241(3).
Division 5. Completion of On-site Improvements and Surety
Sec. 14-434 Completion of on-site improvements required prior to plat approval.
Except as provided in section 14-435, all on-site improvements required by this chapter shall be completed
prior to approval of the final plat. Prior to approval of the final plat:
A. Certification regarding all completed improvements. The subdivider shall submit to the agent a
certificate of completion of all of the improvements prepared by a professional engineer or a land surveyor, to the
limits of his license; and
B. Certification of payment. The subdivider shall certify to the agent that all of the construction costs
for the improvements, including those for materials and labor, have been paid to the person constructing the
improvements.
9-5-96, 12-15-82, 4-21-76, 2-19-76, 8-28-74 (§ 3); 1988 Code, § 18-18; Ord. 98-A(1), 8-5-98, § 14-412; Ord. 05-
14(1), 4-20-05, effective 6-20-05; Ord. 09-14(2), 10-14-09)
State law reference – Va. Code §§ 15.2-2241(5), 15.2-2241(9), 15.2-2255.
Sec. 14-435 Agreement and surety.
Any subdivider who does not complete all required improvements as provided in this chapter shall, prior to
approval of a final plat, enter into an agreement with the county to complete the construction and installation of all
61
improvements required by this chapter within a period of time agreed to by the parties, and shall provide a surety
to guarantee the completion of the improvements, as follows:
A. Form of the agreement. The agreement accompanying the surety shall be on a form prepared by
the county attorney and any proposed amendment to the agreement shall be subject to review and approval by the
county attorney.
B. Type of surety permitted and amount. The subdivider shall furnish to the agent a certified check,
official check, bond with surety, letter of credit, or collaterally assign funds in a manner satisfactory to the county
attorney (collectively, the “surety instrument”), in an amount sufficient for and conditioned upon the completion of
the construction and installation of the improvements, as determined under subsection (C). Any proposed surety
instrument shall be subject to being acceptable to the county engineer, shall be in a form and have the substance
approved by the county attorney, and shall be subject to review and approval by the county attorney.
C. Estimate. The subdivider shall submit a request for an estimate of the surety amount to the county
engineer. The county engineer shall prepare a cost estimate of all improvements, based upon unit prices for new
public or private sector construction in the county, and a reasonable allowance for estimated administrative costs,
including inspection fees required by section 14-203, inflation, and potential damage to existing streets or utilities,
which shall not exceed ten (10) percent of the estimated construction costs.
D. Use of surety. The county may make use of monies guaranteed by the surety instrument if either:
(i) the subdivider fails to timely renew the bond with surety, letter of credit, or the collaterally assigned funds; or (ii)
the county engineer, in his discretion, determines that any of the improvements have not been completed in a
timely manner and the completion of the improvements is deemed necessary to protect the public health, safety or
general welfare. The county’s use of the monies guaranteed by the surety instrument shall not terminate the
agreement accompanying the surety instrument.
E. Surety shall not be required for a private street authorized under section 14-232(B)(1), 14-
232(B)(2), 14-233(A)(2) or 14-233(B)(2).
(9-5-96, 12-15-82, 8-28-74 (§ 3); 1988 Code, § 18-19; Ord. 98-A(1), 8-5-98, § 14-413; Ord. 05-14(1), 4-20-05,
effective 6-20-05)
State law reference – Va. Code §§ 15.2-2241(5), 15.2-2241(9), 15.2-2255.
Sec. 14-435.1 Surety for maintenance of streets until accepted into state system.
If one or more public streets within a subdivision are proposed for dedication or have been dedicated for
public use and the street or streets, due to factors other than quality of construction, is not acceptable into the
secondary system of state highways, the subdivider shall, prior to approval of the final plat or prior to the final
release of surety as provided in section 14-436, provide surety for the maintenance of the street or streets as
provided herein:
A. The subdivider shall furnish to the agent a certified check, official check, bond with surety
satisfactory to the county, or a letter of credit satisfactory to the county, or collateral ly assign funds in a manner
satisfactory to the county, in an amount established by the Virginia Department of Transportation sufficient for and
conditioned upon the maintenance of the street or streets until it is accepted into the secondary system of sta te
highways, and assume the subdivider’s liability for maintenance of the street or streets. The form and the type of
the surety shall be to the satisfaction of and be approved by the county attorney.
B. For purposes of this section, the term “maintenance” means maintenance of the streets, curb,
gutter, drainage facilities, utilities or other street improvements, including the correction of defects or damages and
the removal of snow, water or debris, so as to keep such road reasonably open for publ ic usage.
(9-5-96, 12-15-82, 4-21-76, 2-19-76, 8-28-74 (§ 3); 1988 Code, § 18-18; Ord. 98-A(1), 8-5-98, § 14-414; Ord. 05-
14(1), 4-20-05, effective 6-20-05)
State law reference--Va. Code § 15.2-2241(5).
Sec. 14-436 Release of surety.
Any surety provided under section 14-435 or 14-435.1 shall be released as follows:
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A. Partial releases, generally. Upon written request by the subdivider, the agent shall make periodic
partial releases of the surety as provided in Virginia Code § 15.2 -2245.
B. Request for partial or final release; response. Within thirty (30) days after receipt of a written notice
by the subdivider of completion of part or all of any improvements required to be constructed by this chapter, the
agent shall respond in writing to the subdivider in one of the following ways: (i) grant the partial or final release, if
the applicable state agency, county department, or any applicable authority or other entity has accepted the
improvements; or (ii) inform the subdivider that the improvement has not been accepted by the applicable state
agency, county department, authority or other entity and/or identify any specified defects or deficiencies in
construction and suggested corrective measures.
C. Failure to respond to request. If the agent fails to take action within the thirty (30) day period
provided in subsection (B), the request of the subdivider shall be deemed approved and a partial release shall be
granted to the subdivider. No final release shall be granted until after expiration of the thirty (30) day period and
there is an additional request in writing sent by certified mail by the subdivider to the county executive. The agent
shall act within ten (10) working days after receipt of the request by the county executive. If he fails to timely act,
the request shall be deemed approved and final release shall be granted to the subdivider.
D. Final release. Upon final completion and acceptance or approval of the improvements and upon
receipt from the subdivider of a certification of final completion from a professional engineer, land surveyor, or the
county engineer, the agent shall release any remaining surety to the subdivider. A public improvement shall be
deemed to be accepted when it is accepted by and taken over for operation and ma intenance by the county, an
authority, or a state agency or department responsible for maintaining and operating the improvement. A private
improvement shall be deemed to be approved when the agent determines that the improvements are completed.
(9-5-96, 12-15-82, 4-21-76, 2-19-76, 8-28-74 (§ 3); 1988 Code, § 18-18; Ord. 98-A(1), 8-5-98, § 14-415; Ord. 05-
14(1), 4-20-05, effective 6-20-05)
State law reference--Va. Code §§ 15.2-2241(9), 15.2-2245, 15.2-2255.
Sec. 14-437 Effect of acceptance or approval of improvements.
Acceptance or approval of an improvement shall be made only if the improvement satisfies all applicable
statutes, regulations, ordinances, guidelines and design and construction standards for acceptance or approval of
the improvement, upon completion of inspections as provided in section 14-438.
(Ord. 98-A(1), 8-5-98, § 14-416; Ord. 05-14(1), 4-20-05, effective 6-20-05)
State law reference--Va. Code § 15.2-2255.
Sec. 14-438 Inspections; right of entry.
Improvements required by this chapter shall be inspected as follows:
A. Application deemed consent. The submittal of a preliminary or final plat by a subdivider shall
constitute consent by the subdivider to all officers and employees of the county, the service authority and a ny other
authority, and any state department or agency, responsible for permitting, approving or accepting, or both, any
improvement required by this chapter, to enter upon the property at all reasonable times for the purpose of making
periodic inspections related to the review of the preliminary or final subdivision plat for compliance with this chapter
and to the completion of all improvements required by this chapter. The deemed consent shall expire when all
improvements required by this chapter are completed, permitted, approved, or accepted as the case may be, and
all surety is finally released as provided in section 14-436.
B. Notice prior to request for inspection. Each developer shall notify the zoning administrator when
each stage of the developm ent is ready for inspection.
C. Scope of inspections. Any inspection of improvements required by this chapter shall be conducted
solely to determine compliance with the requirements and specifications provided by law and the approved design
plan.
(Ord. 98-A(1), 8-5-98, § 14-417; Ord. 05-14(1), 4-20-05, effective 6-20-05)
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State law reference--Va. Code §§ 15.2-2245, 15.2-2255.
Sec. 14-439 Improvements completed at expense of subdivider; exception.
All on-site improvements required by this chapter shall be completed at the expense of the subdivider,
except where the subdivider and the county, or any authority, state agency or department, or any other public
body. enter into a cost-sharing or reimbursement agreement prior to final plat approval.
(9-5-96, 12-15-82, 4-21-76, 2-19-76, 8-28-74 (§ 3); 1988 Code, § 18-18; Ord. 98-A(1), 8-5-98, § 14-402; Ord. 05-
14(1), 4-20-05, effective 6-20-05)
State law reference--Va. Code §§ 15.2-2241, 15.2-2242, 15.2-2243.
Sec. 14-440 County and other public entities not obligated to maintain improvements.
Nothing in this chapter, including the approval of a final plat, obligates the county to: (i) install or maintain
facilities for the conveyance of stormwater, domestic water or sewage unless otherwise agreed to by the county;
(ii) pay for grading or paving, or for sidewalk, sewer, curb and gutter improvements or construction; (iii) assume
financial responsibility for upgrades to an impounding structure except as the owner of an impounding structure; or
(iv) to otherwise maintain, repair, replace or reconstruct any improvement required by this chapter.
Nothing in this chapter, including the approval of a final plat, obligates the county, any authority, or any
state agency or department, to accept and take over for operation and maintenance any improvements completed
by a subdivider as required by this chapter.
(Ord. 98-A(1), 8-5-98, § 14-403; Ord. 05-14(1), 4-20-05, effective 6-20-05)
State law reference--Va. Code §§ 15.2-2241, 15.2-2243.1, 15.2-2265, 15.2-2268.
Sec. 14-441 Dam break inundation zones; prerequisite to development.
Following the completion of the engineering studies in accordance with Virginia Code § 15.2 -2243.1(A)
and the determination by the Virginia Department of Conservation and Recreati on that the subdivider’s plan of
development would change the spillway design flood standards of the impounding structure, before any
development within a dam break inundation zone:
A. Payment for portion of necessary upgrades. The subdivider shall pay fifty (50) percent of the
contract-ready costs for necessary upgrades to an impounding structure attributable to the subdivision, together
with an administrative fee not to exceed one (1) percent of the total amount of payment required or one thousand
dollars ($1,000.00), whichever is less. Any payments shall be made to the Dam Safety, Flood Prevention and
Protection Assistance Fund held by the Virginia Resources Authority pursuant to Virginia Code § 10.1-603.19:1.
“Necessary upgrades” do not include costs associated with routine operation, maintenance, and repair, nor do they
include repairs or upgrades to the impounding structure not made necessary by the proposed subdivision; or
B. Redesign the subdivision. The subdivider shall amend the plat so that it does not alter the spillway
design flood standard required of the impounding structure.
State law reference--Va. Code §§ 10.1-606.3, 15.2-2243.1.
This ordinance shall be effective on and after January 1, 2014; provided that: (i) any preliminary or f inal subdivision
plat submitted before January 1, 2014 shall be reviewed and acted upon under the subdivision regulations in effect
on December 31, 2013, (ii) the preliminary or final subdivision plat submitted before January 1, 2014 is approved
by April 1, 2014, and (iii) any final subdivision plat submitted on or after January 1, 2014 for which a preliminary
subdivision plat was approved prior to January 1, 2014 shall be reviewed and acted upon under the subdivision
regulations effective on and after January 1, 2014.