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ACTIONS
Board of Supervisors Meeting of March 5, 2014
March 7, 2014
AGENDA ITEM/ACTION
ASSIGNMENT
PODCAST
1. Call to Order.
Meeting was called back to order at 9:06 a.m.,
by the Chair, Ms. Dittmar. All BOS members
were present. Also present were Tom Foley,
Larry Davis, Ella Jordan and Travis Morris.
Listen
4. Adoption of Final Agenda.
ADOPTED, by a vote of 6:0, the final agenda.
5. Brief Announcements by Board Members.
Ann Mallek:
Announced that a representative from Senator
Tim Kaine’s office will be at the Crozet Library
to meet citizens on Thursday, March 13,
2014, 3:30 p.m. to 4:30 p.m.
Announced that on March 29, 2014, 10:00
a.m. to 4:00 p.m., there will be a celebration of
Albemarle County’s mountain heritage at the
McAllister family home in Sugar Hollow.
Announced that Elaine Echols was recently
elected to the College of Fellows of AICP.
Highlighted study on the economic benefit to
neighboring communities of tourism in the
Shenandoah Park.
Jane Dittmar:
Will provide Board with update on VACo
Chairs Institute that she and Ms. McKeel
attended.
Recently met with Pat Hogan, Executive Vice
President of UVA, regarding County and
University relationships.
Recently met with Mayor Huja, and will
provide Board members with additional
information.
Commended police, fire and rescue, utility
and VDoT personnel for their handling of the
two major snowfalls.
Staff is in the process of conducting a survey
of how boards of supervisors in other localities
operate.
Staff is working on a committee notebook of
boards and commissions.
Mentioned the monthly agenda meeting she
and Ms. McKeel have with Mr. Foley and
suggested that if other Board members have
an item they would like discussed, let them
know.
Announced town hall meetings scheduled by
Board members. Mr. Foley noted that the
dates and times are listed on the County’s
website.
6. Recognitions:
a. Proclamation recognizing THE BIG READ
2014: True Grit, by Charles Portis.
Mr. Sheffield read and presented to Gary
Grant.
(Attachment 1)
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7. From the Public: Matters Not Listed for Public
Hearing on the Agenda.
Fran Lawrence, President of the Lewis and
Clark Exploratory Center, provided an update
on the Center.
David Zuby, Chief Research Officer for the
Insurance Institute for Highway Safety, and
County resident, spoke about research the
Institute has done on red light cameras.
John Martin, a resident of Free Union, spoke
about duct tape and the organization of the
Rivanna Authorities.
Charles Battig, made a presentation entitled:
“Another Study Exposes The Smart Growth/
Compact City Fallacy”, and spoke about
sustainable development.
Ed Bain spoke about poverty in the County and
what can be done to address the issue.
Paul Grady, resident of Crozet, spoke about
the need for a trash management policy in the
County, and presented a petition to keep the
Ivy Transfer Station open.
Jeff Werner, of Piedmont Environmental
Council, spoke about moving forward on
solutions for Route 29.
County Executive: Provide Board
members with copy of poverty
report from 2007 mentioned by
Mr. Bain.
Listen
8.2 Rivanna Solid Waste Authority (RSWA) Support
Agreements.
AUTHORIZED the County Executive to sign
the RSWA support agreement amendments on
behalf of the County, subject to approval as to
content and form by the County Attorney
County Attorney: Provide
Clerk with copy of signed
agreements. (Attachment 2)
Listen
8.3 ACE; Grant from Virginia Department of Agriculture
and Consumer Services for easement acquisition.
AUTHORIZED the County Executive to
execute the Agreement on behalf of the
County, provided that it is first approved as to
form and content by the County Attorney
County Attorney: Provide Clerk
with copy of signed agreements.
(Attachment 3)
8.4 Resolution to add roads in Liberty Hall Subdivision
into the State Secondary System of Highways.
ADOPTED resolution.
Clerk: Forward signed resolution
to County Engineer.
(Attachment 4)
8.5 FY 2014 Budget Amendment and Appropriations.
APPROVED appropriation #2014081 and
#2014082 for General Government programs.
Clerk: Notify OMB, Finance
and appropriate individuals.
8.6 Mainstream Housing Voucher Program.
ADOPTED Resolution approving the request
to HUD for the transfer of the administration of
the Mainstream Housing Voucher Program
from the PHA to ACOH and AUTHORIZED the
County Executive to submit a letter to HUD
requesting the transfer and to execute any
documents necessary for the transfer after
approval as to form by the County Attorney
Clerk: Forward copy of
signed resolution to Housing
and County Attorney’s office.
(Attachment 5)
County Attorney/Housing:
Provide Clerk with copy of
signed letter and executed
documents.
9. Board of Supervisors Annual Retreat.
CONSENSUS to proceed with planning annual
Board retreat, followed by potential
retreat/meeting with the City of Charlottesville
and the County School Board. County
Executive to bring back for discussion an
outline of next steps and potential facilitators.
County Executive/Clerk: Proceed
as discussed.
Listen
10. Courts Project Update. County Executive/Clerk: Proceed
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CONSENSUS to schedule work session on
April 9, 2014, 4:00 p.m., with a representative
of each stakeholder (Judges of the County
Circuit and General District Court and City
General District Court, County Sheriff, County
Commonwealth’s Attorney, County Clerk of the
Circuit Court, BAR Association, and City
Council). Staff to present overview of
downtown option, concept of new court
complex in the County, acquisition of the Levy
property and interim solutions.
as discussed.
Listen
11. Photosafe Program – Three Year Analysis.
RECEIVED. CONSENSUS to continue with
Program.
Listen
12. Report on the Health and Welfare of the Volunteer
Fire and EMS System.
ACCEPTED, by a vote of 6:0, the annual
report.
Listen
13. Closed Meeting.
At 11:47 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.
Listen
14. Certified Closed Meeting.
At 1:34 p.m., the Board reconvened into open
meeting and certified the closed meeting.
15. Boards and Commissions: Appointments.
APPOINTED Edward Smith to the Acquisition
of Conservation Easements (ACE) Committee,
with said term to expire August 1, 2016.
APPOINTED David Stoner, Kim Connolly and
Matthew Sposato to the Crozet Community
Advisory Council, with said terms to expire
March 31, 2016.
REAPPOINTED Kim Guenther, Brenda Plantz,
Philip Best, Leslie Burns and George Barlow to
the Crozet Community Advisory Council, with
said terms to expire March 31, 2016.
APPOINTED Thomas Torrance to the Natural
Heritage Committee, with said term to expire
September 30, 2018.
APPOINTED Cynthia Burket and Bucky Walsh
to the Police Department Citizens Advisory
Committee, with said term s to expire March 5,
2016.
REAPPOINTED Bonnie Brewer, Lloyd Wood
and Richard Hewitt to the Police Department
Citizens Advisory Committee, with said terms
to expire March 5, 2016.
REAPPOINTED Tim Kaczmarek, George
Larie, Charles Lebo, Cynthia Neff and Jane
Williamson to the Places 29 Community
Advisory Council, with said terms to expire
January 31, 2016.
REAPPOINTED Betsy Gohdes-Baten, Neil
Means and Dottie Martin to the Village of
Rivanna Community Advisory Council, with
said terms to expire March 31, 2016.
Clerk: Prepare appointment/
reappointment letters, update
Boards and Commissions book,
webpage, and notify appropriate
persons.
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APPOINTED Debbie Stone to the Board of
Social Services as the Rio District
representative, with said term to expire
December 31, 2017.
16. Pb. Hrg: ZTA-2013-00007. Flood Hazard
Overlay District (FHOD).
By a vote of 6:0, ADOPTED ZTA-2013-00007.
Flood Hazard Overlay District (FHOD).
Clerk: Forward copy of
signed ordinance to
Community Development
and County Attorney’s
Office.
(Attachment 6)
Listen
17. Pb. Hrg: STA-2014-00002. Flood Hazard.
By a vote of 6:0, ADOPTED STA-2014-00002.
Clerk: Forward copy of signed
ordinance to Community
Development and County
Attorney’s Office.
(Attachment 7)
18. Pb. Hrg: ZTA-2012-00012. Steep Slopes.
By a vote of 6:0, ADOPTED ZTA-2012-
000012.
Clerk: Forward copy of signed
ordinance to Community
Development and County
Attorney’s Office.
(Attachment 8)
Listen
19. Pb. Hrg: ZMA-2014-00001. Steep Slopes.
By a vote of 6:0, ADOPTED ZMA 2014-01,
which includes all of the maps included as
attachments D thru J to the staff report which
are to be attached to the ordinance as Exhibit
A.
Clerk: Forward copy of signed
ordinance to Community
Development and County
Attorney’s Office.
(Attachment 9)
20. Pb. Hrg: STA-2014-00001. Steep Slopes.
By a vote of 6:0, ADOPTED STA 2014-00001.
Clerk: Forward copy of signed
ordinance to Community
Development and County
Attorney’s Office.
(Attachment 10)
21. Pg. Hrg: ZTA-2012-00010. Off-site Signs.
By a vote of 6:0, DEFERED ZTA-2012-00010
to April 9, 2014 agenda.
Clerk: Schedule on the April 9
agenda.
Listen
22. Board-to-Board, March, 2014 Monthly Communica-
tions Report from School Board, Ned Galloway,
School Board Chairman.
Reschedule to April 2, 2014.
23. Update on Dominion Power projects.
RECEIVED.
Listen
24. Albemarle County Service Authority (ACSA)
Update.
RECEIVED.
Listen
25. Rivanna Water and Sewer Authority (RWSA)
Update.
RECEIVED.
Listen
26. From the Board: Committee Reports and Matters
Not Listed on the Agenda.
Brad Sheffield:
Announced that he would be meeting with the
Squirrel Ridge neighborhood to discuss the
dilapidated homes and what approach they
would like to see that may result in action from
the BOS in asking VDoT to take some kind of
steps to remediate the impact of the homes in
the neighborhood.
Diantha McKeel:
Mentioned that she would like Board members
to consider asking Chris Lloyd to do a
presentation on public/private partnerships.
Listen
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Liz Palmer:
Asked Board members if they would be
present for the upcoming storm water
management meeting.
Jane Dittmar:
Asked if there was a way for the County to
monitor the process of the Route 29 Western
Bypass fund allocation.
Discussed having a joint meeting with City
Council. Staff to bring back for further
discussion in April the purpose, timeline and
outcomes of such a meeting. Board members
suggested need for background on existing
cooperative agreements and recent efforts and
results regarding regional cooperation with the
City. Comment also made that this does not
need to be an all day retreat.
County Executive: To followup
with VDoT and MPO the process
that the State uses for
reallocation of monies.
27. From the County Executive: Report on Matters
Not Listed on the Agenda.
Tom Foley:
Mentioned the business personal property tax
issue.
Presented and went over the format of the
County Executives monthly report.
Announced that he and Maurice Jones, City
Manager had met with John Lynch about the
upcoming CTB meeting and what to expect.
Continued discussion on Annual Board Retreat
and agreed to schedule retreat on June 10,
2014, from 9:00 a.m. to 3:00 p.m. Staff to
report back to Board at April 2nd meeting on
proposed outline for meeting, facilitator
suggestions and proposed outcomes based on
input and feedback from Board members.
Clerk: Schedule on April 2nd
agenda.
Listen
28. Work Session: FY 2014/2015 Operating and
Capital Budgets (continued from March 4,
2014).
Continued discussion of items on list.
Discussion and Set tax rate for advertising.
Discussion and Set Proposed Budget for
Public Hearing.
HELD.
Motion to advertise the 2014 tax rates for
public hearing as follows: a real estate tax rate
at $0.81.2/$100 of assessed valuation for real
estate, public service property and mobile
homes for the 2014 tax year and at $4.28/$100
assessed value for the personal property tax
rate, including machinery and tools, FAILED by
a vote of 2:4 (Mallek/Palmer/Boyd/Dittmar).
Motion to advertise the 2014 tax rates for
public hearing as follows: a real estate tax rate
at $0.808/$100 of assessed valuation for real
estate, public service property and mobile
homes for the 2014 tax year and at $4.28/$100
assessed value for the personal property tax
rate, including machinery and tools, PASSED
by a vote of 4:2 (Boyd/Dittmar).
Clerk: Prepare ad for
advertisement.
Listen
29. Adjourn to March 12, 2014, 3:00 p.m.
At 9:10 p.m., the Board adjourned until March
6
12, 2014.
ewj/tom
Attachment 1 – Proclamation recognizing THE BIG READ 2014: True Grit, by Charles Portis
Attachment 2 – Rivanna Solid Waste Authority (RSWA) Support Agreements
Attachment 3 – ACE Agreement
Attachment 4 – Resolution to add roads in Liberty Hall Subdivision into the State Secondary System of Highways
Attachment 5 – Resolution - Mainstream Housing Voucher Program
Attachment 6 – Ordinance No. 14-18(1) ZTA-2013-00007. Flood Hazard Overlay District (FHOD)
Attachment 7 – Ordinance No. 14-14(1) STA-2014-00002. Flood Hazard
Attachment 8 – Ordinance No. 14-18(2) ZTA-2012-00012. Steep Slopes
Attachment 9 – Ordinance No. 14-14(2) STA-2014-00001. Steep Slopes
Attachment 10 – Ordinance No. 14-A(1) ZMA-2014-0001. Steep Slopes
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ATTACHMENT 1
Proclamation
THE BIG READ 2014: True Grit
by Charles Portis
WHEREAS, THE BIG READ is designed to restore reading to the center of American culture and provides our
citizens with the opportunity to read and discuss a single book within our community; and
WHEREAS, the Jefferson-Madison Regional Library invites all book lovers to participate in THE BIG READ that
will be held throughout March 2014. The Library's goal is to encourage all residents of Central
Virginia to read and discuss TRUE GRIT by Charles Portis; and
WHEREAS, the novel recounts Mattie Ross’ youthful quest to avenge the murder of her father with the aid of a
down-at-the-heels federal marshal named Rooster Cogburn; and
WHEREAS, THE BIG READ is an initiative of the National Endowment for the Arts in partnership with Arts
Midwest; and is supported by the Art and Jane Hess Fund of the Library Endowment;
NOW, THEREFORE, BE IT RESOLVED, that I, Jane D. Dittmar, Chair of the Board of Supervisors of Albemarle
County, proclaim THE BIG READ during March 2014 and encourage all residents to read TRUE
GRIT during this time.
Signed and sealed this 5th day of March, 2014.
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ATTACHMENT 2
AMENDMENT NO. 3 TO
LOCAL GOVERNMENT SUPPORT AGREEMENT FOR RECYCLING PROGRAMS
AMONG
THE CITY OF CHARLOTTESVILLE
THE COUNTY OF ALBEMARLE
AND
THE RIVANNA SOLID WASTE AUTHORITY
This Amendment No. 3 to the Local Government Support Agreement for Recycling Programs (this
“Amendment”) is made this ___day of ___________, 2014 by and among the City of Charlottesville, Virginia
(the “City”), the County of Albemarle, Virginia (the “County”) and the Rivanna Solid Waste Authority (the
“Authority”, individually a “Party”, and together referred to as the “Parties”).
WHEREAS, the City, the County and the Authority entered into a certain Local Government Support
Agreement for Recycling Programs dated August 23, 2011 (the “Original Agreement”) providing
the terms of the City’s and County’s shared financial support and Authority’s operation of the
Recycling Services; and
WHEREAS, the Original Agreement provided that such financial support and operations continue through the
Authority’s fiscal year ending June 30, 2012, with the City and County retaining an exclusive
option to extend the Original Agreement for two successive one -year periods by giving prior
written notice to the Authority; and
WHEREAS, the City and County exercised their first option to extend the term of the Original Agreement
through June 30, 2013, but the County elected not to exercise its second option to extend the
term through June 30, 2014 and instead requested, with the concurrence of the City, an
extension of the Original Agreement through December 31, 2013; and
WHEREAS, the City, the County and the Authority entered into Amendment No. 1 to the Original Agreement
dated June 5, 2013 extending the term of the Original Agreement through December 31, 2013;
and,
WHEREAS, the City, the County and the Authority entered into Amendment No. 2 to the Origi nal Agreement
dated October 23, 2013 extending the term of the Original Agreement through June 30, 2014 (the
Original Agreement, as amended by Amendment No. 1 and Amendment No. 2, hereinafter, the
“Agreement”); and,
WHEREAS, the County desires an additional extension of the term of the Agreement through June 30, 2015,
and the City is agreeable to an extension for such period.
NOW, THEREFORE, the Parties agree to amend the Agreement as follows:
1. Amendment to Section 4. Section 4 of the Agreement, entitled “Term of Agreement,” is
amended and restated as follows:
4. Term of Agreement
This Agreement shall be effective upon execution and the financial participation requirements
shall be retroactive to July 1, 2011 and shall continue through June 30, 2015.
2. Miscellaneous. Capitalized terms used herein shall have the meanings ascribed to them in the
Agreement unless otherwise specifically defined herein. Except as expressly modified hereby, all other terms and
conditions of the Agreement shall remain unchanged and shall continue in full force and effect. This Amendment
may be executed in two or more counterparts, each of which shall be deemed an original, and all of which
together shall constitute one and the same instrument.
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IN WITNESS WHEREOF, the Parties have executed this Amendment as of the dates below.
CITY OF CHARLOTTESVILLE:
______________________________ __________________
Maurice Jones Date
City Manager
COUNTY OF ALBEMARLE:
______________________________ __________________
Thomas C. Foley Date
County Executive
RIVANNA SOLID WASTE AUTHORITY:
Thomas L. Frederick, Jr. Date
Executive Director
*****
AMENDMENT NO. 3 TO
IVY MATERIAL UTILIZATION CENTER PROGRAMS AGREEMENT
BETWEEN
THE COUNTY OF ALBEMARLE
AND
THE RIVANNA SOLID WASTE AUTHORITY
This Amendment No. 3 to the Ivy Material Utilization Center Programs Agreement (this
“Amendment”) is made this ___day of ___________, 2014 by and between the County of Albemarle, Virginia
(the “County”) and the Rivanna Solid Waste Authority (the “Authority”, individually a “Party”, and together
referred to as the “Parties”).
WHEREAS, the County and the Authority entered into a certain Ivy Material Utilization Center Programs
Agreement dated August 23, 2011 (the “Original Agreement”), providing for the County’s financial
support for, and the Authority’s operation of, the Ivy MUC; and
WHEREAS, the Original Agreement provided that such financial support and operations continue through the
Authority’s fiscal year ending June 30, 2012, with the County retaining an exclusive option to
extend the Original Agreement for two successive one-year periods by giving prior written notice
to the Authority; and
WHEREAS, the County exercised its first option to extend the term of the Original Agreement through June
30, 2013, but elected not to exercise its second option to extend the term through June 30, 2014
and instead requested an extension of the term of the Original Agreement through December 31,
2013; and,
WHEREAS, the County and the Authority entered into Amendment No. 1 to the Original Agreement dated June
7, 2013 extending the term of the Original Agreement through December 31, 2013; and,
WHEREAS, the County and the Authority entered into Amendment No. 2 to the Original Agreement date d
October 23, 2013 extending the term of the Original Agreement through June 30, 2014 (the
Original Agreement, as amended by Amendment No. 1 and Amendment No. 2, hereinafter, the
“Agreement”); and
WHEREAS, the County desires an additional extension of the term of the Agreement through June 30, 2015.
NOW, THEREFORE, the Parties agree to amend the Agreement as follows:
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1. Amendment to Section 6. Section 6 of the Agreement, entitled “Term of Agreement,” is
amended and restated as follows:
6. Term of Agreement
This Agreement shall be effective upon execution and the County’s financial participation
requirements shall be retroactive to July 1, 2011 and shall continue through June 30, 2015.
2. Miscellaneous. Capitalized terms used herein shall have th e meanings ascribed to them in the
Agreement unless otherwise specifically defined herein. Except as expressly modified hereby, all other terms and
conditions of the Agreement shall remain unchanged and shall continue in full force and effect. This Amend ment
may be executed in two or more counterparts, each of which shall be deemed an original, and all of which
together shall constitute one and the same instrument.
IN WITNESS WHEREOF, the Parties have executed this Amendment as of the dates below.
COUNTY OF ALBEMARLE:
______________________________ __________________
Thomas C. Foley Date
County Executive
RIVANNA SOLID WASTE AUTHORITY:
Thomas L. Frederick, Jr. Date
Executive Director
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ATTACHMENT 3
INTERGOVERNMENTAL AGREEMENT
Between
Virginia Department of Agriculture and Consumer Services
and
Albemarle County
This INTERGOVERNMENTAL AGREEMENT is entered into this 31st day of December, 2013, in the City of
Richmond, Virginia, between the Virginia Department of Agriculture and Consumer Services (“VDACS”) and
Albemarle County (collectively, “the parties”) to provide mutually advantageous terms for cooperation between
VDACS and Albemarle County to implement VDACS’ contribution of funds in support of Albemarle County’s
purchase of agricultural conservation easements.
WHEREAS, the General Assembly, by Chapter 806 of the 2013 Acts of Assembly, has appropriated $1,000,000
in the fiscal year ending June 30, 2014 to VDACS for the continuation of a state fund to match local government
purchase of development rights program funds for the preservation of working farms and forest lands; and,
WHEREAS, § 3.2-201 of the Code of Virginia authorizes VDACS’ Office of Farmland Preservation to develop
methods and sources of revenue for allocating funds to localities to purchase agricultural conservation
easements, and to distribute these funds to localities under policies, procedures, and guidelines developed by
VDACS’ Office of Farmland Preservation; and,
WHEREAS, for all purposes of this INTERGOVERNMENTAL AGREEMENT, the term “agricultural conservation
easement” shall mean a negative easement in gross that has the primary conservation purpose of preserving
working farm and/or forest land; and,
WHEREAS, the Albemarle County Board of Supervisors has enacted an ordinance or passed a resolution that:
authorizes, in accordance with Title 10.1, Chapter 17 of the Code of Virginia (“the Open -Space Land Act”) and
other applicable law, Albemarle County to purchase agricultural conservation easements from lando wners (each
hereinafter called “Grantor”); sets forth a clear, consistent, and equitable administrative process governing such
purchases; and outlines the goals and purposes of Albemarle County’s farmland preservation program; and,
WHEREAS, Albemarle County has agreed to maintain a public outreach program designed to educate various
stakeholders in Albemarle County—including farmers, landowners, public officials, and the non-farming public—
about Albemarle County’s initiatives to preserve working farms and forest lands; and,
WHEREAS, Albemarle County has agreed to establish a transparent and replicable process for valuation of
agricultural conservation easements; and,
WHEREAS, the purchase of agricultural conservation easements is one component of Albemarle County’s
broader farmland preservation program; and,
WHEREAS, Albemarle County has agreed to use a deed of easement that is sufficiently flexible to allow for future
agricultural production in purchases of agricultural conservation easements for which A lbemarle County uses
funds contributed to it by VDACS; and,
WHEREAS, Albemarle County has agreed that any agricultural conservation easement purchased as per the
terms of this INTERGOVERNMENTAL AGREEMENT shall meet the definition of "real estate devoted t o
agricultural use", "real estate devoted to horticultural use" or "real estate devoted to forest use" as established in §
58.1-3230 of the Code of Virginia; and,
WHEREAS, Albemarle County has agreed to establish a clear strategy for monitoring and enforci ng the terms of
the agricultural conservation easements that Albemarle County purchases; and,
WHEREAS, Albemarle County has agreed to establish a process that Albemarle County will use to evaluate the
effectiveness of its farmland preservation program, including a protocol for making changes to Albemarle
County’s agricultural conservation efforts based on such evaluations; and,
WHEREAS, VDACS, in reliance on the veracity of the foregoing recitals, certifies Albemarle County is eligible to
receive contributions of funds from VDACS in reimbursement for certain costs Albemarle County actually incurs in
the course of purchasing agricultural conservation easements; and,
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WHEREAS, Albemarle County, and the agents and employees of Albemarle County, in the perform ance of this
INTERGOVERNMENTAL AGREEMENT, are acting on behalf of Albemarle County, and not as officers or
employees or agents of the Commonwealth of Virginia;
NOW, THEREFORE, VDACS and Albemarle County agree their respective responsibilities, pursuant t o this
INTERGOVERNMENTAL AGREEMENT, shall be defined as follows:
1. VDACS Responsibilities
a. VDACS shall, within thirty (30) days of the date of execution of this INTERGOVERNMENTAL
AGREEMENT, restrict $149,678.46 (hereinafter “the allocation amount’) in an ac count, from
which VDACS shall withdraw funds only to pay contributions of funds that Albemarle County is
eligible to receive pursuant to this INTERGOVERNMENTAL AGREEMENT, except that upon the
expiration of two (2) years from the date of this INTERGOVERNMENTAL AGREEMENT, or
immediately upon Albemarle County’s failure to perform any of its obligations under the terms of
this INTERGOVERNMENTAL AGREEMENT, VDACS shall have the right to withdraw any funds
then remaining in such account and the right to redirect those funds to other localities that
VDACS certifies as being eligible to receive matching funds and that enter into an
intergovernmental agreement with VDACS to govern the distribution of matching funds for the
purchase of agricultural conservation easements. The allocation amount from this and any prior
INTERGOVERNMENTAL AGREEMENT shall not be considered to be a grant as that term is
used in paragraph 1(b) of this INTERGOVERNMENTAL AGREEMENT.
b. Upon Albemarle County or any agent acting on behalf of Albemarle County’s recordation of a
deed evidencing Albemarle County’s purchase of an agricultural conservation easement in the
circuit court of the city or county where the Grantor’s land is located and Albemarle County’s
submission to VDACS of a completed claim for reimbursement, on a form prescribed by VDACS,
together with the supporting documentation required under paragraph 2(e) of this
INTERGOVERNMENTAL AGREEMENT, VDACS shall reimburse Albemarle County fifty percent
(50%) of the reimbursable costs that Albemarle County actually incurred in the course of
purchasing that agricultural conservation easement, limited to that portion of the allocation
amount remaining in the account maintained by VDACS pursuant to paragraph 1(a) of this
INTERGOVERNMENTAL AGREEMENT. The following shall not be considered to be
reimbursable costs that Albemarle County actually incurred and shall be subtracted from the total
amount of reimbursable costs considered for reimbursement by VDACS in connection with any
particular agricultural conservation easement transaction: grants made by the United States of
America, the Virginia Department of Agriculture and Consumer Services (VDACS), the Virginia
Department of Conservation and Recreation (DCR), the Virginia Outdoors Foundation (VOF), or
any other governmental agency or political subdivision of the Commonwealth of Virginia;
payments made by any other funding sources either directly to the landowner or to reimburse
Albemarle County; or in-kind donations or contributions. VDACS may make alternative
arrangements for the distribution of funds pursuant to this INTERGOVERNMENTAL
AGREEMENT, provided Albemarle County presents a written request for such alternative
arrangement to the Commissioner of VDACS or the Commissioner of VDACS’s designated agent
(referred collectively hereinafter as “the Grant Manager”) prior to incurring any expense for which
Albemarle County seeks a distribution of funds under the proposed alternative arrangement.
For purposes of this INTERGOVERNMENTAL AGREEMENT, “reimbursable costs” include:
1. The purchase price of the agricultural conservation easement actually incurred by
Albemarle County, at present value, including any portion that Albemarle County will pay
over time pursuant to an installment purchase agreement;
2. The cost of title insurance actually incurred by Albemarle County;
3. The cost actually incurred by Albemarle County of any appraisal of the land by a licensed
real estate appraiser upon which Albemarle County purchases an agricultural
conservation easement;
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4. The cost actually incurred by Albemarle County of any survey of the physical boundaries
of the land by a licensed land surveyor upon which Albemarle County purchases an
agricultural conservation easement, including the cost of producing a baseline report of
the conditions existing on the land at the time of the conveyance of the agricultural
conservation easement;
5. Reasonable attorney fees actually incurred by Albemarle County associated with the
purchase of an agricultural conservation easement, where reasonable attorney fees
include those fees associated with outside counsel required for the completion of the
easement, but do not include fees related to county or city attorneys serving as staff and
who are paid regular salary in the county’s or city’s employ;
6. The cost actually incurred by Albemarle County of issuing public hearing notices
associated with Albemarle County’s purchase of an agricultural conservation easement
that Albemarle County is required by law to issue; and
7. Any recordation fees actually incurred by Albemarle County that Albemarle County is
required to pay pursuant to the laws of the Commonwealth of Virginia.
c. VDACS shall only be responsible for reimbursing Albemarle County under paragraph 1(b) of this
INTERGOVERNMENTAL AGREEMENT for reimbursable costs that Albemarle County actually
incurs in the course of purchasing an agricultural conservation easement when Albemarle County
or any agent acting on behalf of Albemarle County acquires, by such purchase, a deed of
easement that, at a minimum, provides:
1. The primary conservation purpose of the easement conveyed by the deed of easement is
the conservation of the land in perpetuity for working farm and/or forestal uses.
2. The Grantor and Albemarle County agree that the land subject to the agricultural
conservation easement shall not be converted or diverted, as the Open-Space Land Act
employs those terms, until and unless the Grant Manager, with the concurrence of
Albemarle County or an assignee of Albemarle County’s interest in the agricultur al
conservation easement, certifies that such conversion or diversion satisfies the
requirements of the Open-Space Land Act.
3. The Grantor and Albemarle County agree that, in the event of an extinguishment of the
restrictions of the agricultural conservation easement that results in the receipt of
monetary proceeds by Albemarle County or an assignee of Albemarle County’s interest
in an agricultural conservation easement in compensation for the loss of such property
interest, VDACS shall be entitled to a share of those proceeds proportional to VDACS’
contribution toward the total reimbursable cost of acquiring the agricultural conservation
easement as evidenced by the completed claim for reimbursement required under
paragraph 1(b) of this INTERGOVERNMENTAL AGREEMENT.
4. If the Grantor conveys the agricultural conservation easement for less than its fair market
value, the Grantor and Albemarle County mutually acknowledge that approval of the
terms of this Deed of Easement by VDACS and/or its legal counsel does not constitute a
warranty or other representation as to the Grantor’s qualification for any exemption,
deduction, or credit against the Grantor’s liability for the payment of any taxes under any
provision of federal or state law.
5. All mortgagors and other holders of liens on the property subject to the restrictions
contained in the deed of easement have subordinated their respective liens to the
restrictions of the deed of easement acquired by Albemarle County. All such mortgagors
and other holders of liens shall manifest their assent to the easement’s priority over their
respective liens by endorsing the deed of easement.
6. A baseline report documenting the conditions existing on the land at the time of the
conveyance of the agricultural conservation easement is incorporated into the deed of
easement by reference.
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2. Albemarle County Responsibilities
a. Albemarle County shall, within thirty (30) days of the date of execution of this
INTERGOVERNMENTAL AGREEMENT, have available local funds greater than or equal to th e
allocation amount for the purpose of purchasing agricultural conservation easements.
b. Albemarle County shall use matching funds that VDACS contributes to Albemarle County,
pursuant to this INTERGOVERNMENTAL AGREEMENT, only for the purpose of purchasing
agricultural conservation easements that are perpetual and that have the primary conservation
purpose of preserving working farm and/or forest lands.
c. Within one (1) year from the date of this INTERGOVERNMENTAL AGREEMENT, and for each
subsequent year in which the INTERGOVERNMENTAL AGREEMENT or a subsequent
agreement is in force, Albemarle County shall submit to VDACS a progress report that:
1. describes any properties that Albemarle County has identified as prospects for Albemarle
County’s purchase of agricultural conservation easements and the status of any
negotiations for the purchase of such agricultural conservation easements;
2. estimates the timeframes within which Albemarle County will execute contracts for any
such purchases, close on such purchases, and request reimbursement of reimbursable
costs for those purchases from VDACS;
3. describes the measures Albemarle County has undertaken to develop and/or maintain a
public outreach program designed to educate various stakeholders in Albemarle County’s
community—including farmers, landowners, public officials, and the non-farming public—
about Albemarle County’s agricultural conservation easement program and other
initiatives to preserve working agricultural land;
4. describes the measures Albemarle County has undertaken to develop and/or maintain a
formal plan for stewardship and monitoring of the working agricultural land on which
Albemarle County acquires agricultural conservation easements; and
5. describes the measures Albemarle County has undertaken to develop and/or maintain a
process that Albemarle County will use to evaluate the effectiveness of its program,
including a protocol for making changes to Albemarle County’s agricultural conservation
efforts based on such evaluations.
d. For any purchase of agricultural conservation easements for which Albemarle County requests
reimbursement from VDACS pursuant to this INTERGOVERNMENTAL AGREEMENT, Albemarle
County shall obtain a policy of title insurance on its purchased interest that covers at least an
amount equal to the amount for which Albemarle County requests reimbursement from VDACS.
e. Prior to closing on a purchase of an agricultural conservation easement for which Albemarle
County requests reimbursement from VDACS pursuant to this INTERGOVERNMENTAL
AGREEMENT, Albemarle County shall submit, for review and approval by VDACS and its legal
counsel, the following documentation:
1. a written agreement setting forth, in the manner prescribed by Albemarle County’s
ordinance or resolution governing its program to acquire agricultural conservation
easements, the terms of Albemarle County’s purchase of the agricultural conservation
easement, including the purchase price;
2. a written confirmation from the Albemarle County Commissioner of Revenue or Director
of Finance, or the Albemarle County Commissioner of Revenue’s or Director of Finance’s
designated agent that the property/properties to be encumbered by the agricultural
conservation easement meet the definition of "real estate devoted to agricultural use",
"real estate devoted to horticultural use" or "real estate devoted to forest use" as
established in § 58.1-3230 of the Code of Virginia;
15
3. a written description of the agricultural, environmental and social characteristics of the
property/properties to be encumbered by the agricultural conservation easement;
4. any installment purchase agreement;
5. the deed of easement that the Grantor will deliver to Albemarle County at closing,
including all exhibits, attachments, and/or addenda;
6. a title insurance commitment for a polic y to insure the easement interest under contract
indicating an amount of coverage at least equal to the amount of funds for which
Albemarle County requests reimbursement from VDACS; and
7. an itemized list of all reimbursable costs that Albemarle County has or will, up to the time
of closing, incur in the course of purchasing the agricultural conservation easement.
Albemarle County shall make whatever changes to the proposed deed of easement
and/or the installment purchase agreement, where applicable, that VDACS and/or its
legal counsel deem necessary to ensure compliance with applicable state law and the
requirements and purposes of this INTERGOVERNMENTAL AGREEMENT.
Albemarle County may fulfill its obligation under this paragraph by submitting accurate
and complete copies of all documents enumerated in this paragraph, provided that
Albemarle County shall deliver or make available the original documents to VDACS for
review at VDACS’ request.
f. Together with any claim for reimbursement pursuant to this INTERGOVERNMENTAL
AGREEMENT that Albemarle County submits to VDACS, Albemarle County shall also submit the
following supporting documentation:
1. a copy of the recorded deed of easement that VDACS and/or its legal counsel approved
prior to closing, showing the locality, deed book, and page of recordation, and including
all exhibits, attachments, and/or addenda;
2. copies of invoices, bills of sale, and cancelled checks evidencing Albemarle County’s
incursion of reimbursable costs in the course of purchasing the agric ultural conservation
easement;
3. a copy of any executed installment purchase agreement related to the purchase, which
shall indicate the purchase price; and
4. a copy of any deed of trust related to the purchase.
g. Albemarle County shall provide the Grant Manager immediate written notice of Albemarle
County’s receipt of any application or proposal for the conversion or diversion of the use of any
land upon which Albemarle County or its assignee, where applicable, holds an agricultural
conservation easement, for the purchase of which VDACS contributed funds pursuant to this
INTERGOVERNMENTAL AGREEMENT.
h. Albemarle County, or any assignee of Albemarle County’s interest in an agricultural conservation
easement for which Albemarle County receives a contribution from VDACS pursuant to this
INTERGOVERNMENTAL AGREEMENT shall at all times enforce the terms of that easement.
Albemarle County shall provide the Grant Manager immediate written notice of any actions,
whether at law, in equity, or otherwise, taken by locality to enforce the terms of the easement or
to abate, prevent, or enjoin any violation thereof by any party. Any failure by Albemarle County or
such assignee to perform its enforcement responsibility shall constitute a breach of this
INTERGOVERNMENTAL AGREEMENT, for which VDACS shall have a remedy by way of a civil
action for specific performance of that enforcement responsibility; or, VDACS shall have the right
and authority, at its option, to demand and receive from Albemarle County a portion of the full
market value of the agricultural conservation easement at the time of the breach in proportion to
VDACS’ contribution toward the total reimbursable cost of acquiring the agricultural conservation
easement as evidenced by the completed claim for reimbursement required under paragraph 1(b)
of this INTERGOVERNMENTAL AGREEMENT.
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i. For any purchase of an agricultural conservation easement for which Albemarle County requests
reimbursement from VDACS pursuant to this INTERGOVERNMENTAL AGREEMENT, Albemarle
County shall derive its valuation of the agricultural conservation easement according to the
valuation methods prescribed by ordinance or resolution.
3. Merger and Supersedure of Prior Agreement
The parties agree that terms of any INTERGOVERNMENTAL AGREEMENT previously entered into
between the parties to govern VDACS’ distribution of funds to Albemarle County in support of Albemarle
County’s purchase of agricultural conservation easements shall be merged into the instant
INTERGOVERNMENTAL AGREEMENT, the latter of which shall supersede all former
INTERGOVERNMENTAL AGREEMENTS to the extent that there are any inconsistencies between the
terms of these INTERGOVERNMENTAL AGREEMENTS. Notwithstanding the language of this
paragraph, VDACS shall be required to restrict the alloc ation amount(s) provided in paragraph 1(a) of any
prior agreement(s) in addition to the current allocation amount, but shall only be required to restrict any
prior allocation amount(s) until the expiration of two (2) years from the date of execution of the prior
agreement(s).
4. Recertification
This INTERGOVERNMENTAL AGREEMENT pertains exclusively to VDACS’ contribution of funds that
the General Assembly has appropriated to VDACS through the fiscal year ending June 30, 2014. VDACS
shall not contribute other funds in the future to Albemarle County except upon VDACS’ recertification of
Albemarle County’s eligibility to receive such funds. VDACS may establish and communicate to
Albemarle County certain benchmarks of program development that VDACS will impose upon Albemarle
County as preconditions to Albemarle County’s recertification for future contributions.
5. Governing Law
This INTERGOVERNMENTAL AGREEMENT is governed by and shall be interpreted in accordance with
the laws of the Commonwealth of Virginia. In all actions undertaken pursuant to this
INTERGOVERNMENTAL AGREEMENT, preferred venue shall be in the City of Richmond, Virginia, at
the option of VDACS.
6. Assignment
Albemarle County shall not assign this INTERGOVERNMENTAL AGREEMENT, either in whole or i n part,
or any interest in an agricultural conservation easement for the purchase of which VDACS contributes
funds pursuant to this INTERGOVERNMENTAL AGREEMENT, without the prior, written approval of the
Grant Manager.
7. Modifications
The parties shall not amend this INTERGOVERNMENTAL AGREEMENT, except by their mutual, written
consent.
8. Severability
In the event that any provision of this INTERGOVERNMENTAL AGREEMENT is unenforceable or held to
be unenforceable, then the parties agree that all other provisions of this INTERGOVERNMENTAL
AGREEMENT have force and effect and shall not be affected thereby.
In witness, whereof, the parties hereto have executed this INTERGOVERNMENTAL AGREEMENT as of the day
and year first written above.
________________________________ ________________________________
Sandra J. Adams Date Name Date
Acting Commissioner County Executive
Virginia Department of Agriculture &
Consumer Services
17
APPROVED AS TO FORM ONLY: APPROVED AS TO FORM ONLY:
________________________________ ________________________________
Assistant Attorney General Date County Attorney
18
ATTACHMENT 4
The Board of County Supervisors of Albemarle County, Virgin ia, in regular meeting on the 5th day of
March 2014, adopted the following resolution:
R E S O L U T I O N
WHEREAS, the street(s) in Liberty Hall Subdivision, as described on the attached Additions Form AM-
4.3 dated March 5, 2014, fully incorporated herein by reference, is shown on plats recorded in the Clerk's Office
of the Circuit Court of Albemarle County, Virginia; and
WHEREAS, the Resident Engineer for the Virginia Department of Transportation has advised the Board
that the street(s) meet the requirements established by the Subdivision Street Requirements of the Virginia
Department of Transportation.
NOW, THEREFORE, BE IT RESOLVED, that the Albemarle Board of County Supervisors requests the
Virginia Department of Transportation to add the street(s) in Liberty Hall, as described on the attached Additions
Form AM-4.3 dated March 5, 2014, to the secondary system of state highways, pursuant to §33.1-229, Code of
Virginia, and the Department's Subdivision Street Requirements; and
BE IT FURTHER RESOLVED that the Board guarantees a clear and unrestricted right-of-way, as
described, exclusive of any necessary easements for cuts, fills and drainage as described on the recorded plats;
and
FURTHER RESOLVED that a certified copy of this resolution be forwarded to the Resident Engineer for
the Virginia Department of Transportation.
* * * * *
The road(s) described on Additions Form AM-4.3 is:
1) Radford Lane (State Route 1370) from Route 250 (Rockfish Gap Turnpike) to 0.102 miles north
to Route 1371 (Colony Drive), as shown on plat recorded in the office the Clerk of Circuit Court o f
Albemarle County in Deed Book 3374 and 3719, pages 524, 639, 642 and 647, with a 50-foot
variable right-of-way width, for a length of 0.10 miles.
2) Radford Lane (State Route 1370) from Route 1371 (Colony Drive) to 0.052 miles north to Route
1372 (Frontier Lane), as shown on plat recorded in the office the Clerk of Circuit Court of
Albemarle County in Deed Book 3374 and 3719, pages 524, 639, 642 and 647, with a 50-foot
variable right-of-way width, for a length of 0.05 miles.
3) Colony Drive (State Route 1371) from Route 1373 (Patriot Way) to 0.02 miles west to end of
State maintenance, as shown on plat recorded in the office the Clerk of Circuit Court of Albemarle
County in Deed Book 3374 and 3719, pages 524, 639, 642 and 647, with a 54 -foot right-of-way
width, for a length of 0.02 miles.
4) Patriot Way (State Route 1373) from Route 1372 (Frontier Lane) to 0.036 miles north to end of
State maintenance, as shown on plat recorded in the office the Clerk of Circuit Court of Albemarle
County in Deed Book 3374 and 3719, pages 524, 639, 642 and 647, with a 50-foot variable right-
of-way width, for a length of 0.04 miles.
5) Colony Drive (State Route 1371) from Route 1370 (Radford Lane) to 0.049 miles west to Route
1373 (Patriot Way), as shown on plat recorded in the office the Clerk of Circuit Court of Albemarle
County in Deed Book 3374 and 3719, pages 524, 639, 642 and 647, with a 54 -foot right-of-way
width, for a length of 0.05 miles.
6) Radford Lane (State Route 1370) from Route 1372 (Frontier Lane) to 0.025 miles north to end
of State maintenance, as shown on plat recorded in the office the Clerk of Circuit Court of
Albemarle County in Deed Book 3374 and 3719, pages 524, 639, 642 and 647, with a 50-foot
variable right-of-way width, for a length of 0.03 miles.
19
7) Frontier Lane (State Route 1372) from Route 1370 (Radford Lane) to 0.056 miles west to Route
1373 (Patriot Way), as shown on plat recorded in the office the Clerk of Circuit Court of Albemarle
County in Deed Book 3374 and 3719, pages 524, 639, 642 an d 647, with a 54-foot right-of-way
width, for a length of 0.06 miles.
8) Colony Drive (State Route 1371) from Route 1370 (Radford Lane) to 0.035 miles east to end of
State maintenance, as shown on plat recorded in the office the Clerk of Circuit Court of Albemarle
County in Deed Book 3374 and 3719, pages 524, 639, 642 and 647, with a 54 -foot right-of-way
width, for a length of 0.04 miles.
9) Patriot Way (State Route 1373) from Route 1371 (Colony Drive) to 0.047 miles north to Route
1372 (Frontier Lane), as shown on plat recorded in the office the Clerk of Circuit Court of
Albemarle County in Deed Book 3374 and 3719, pages 524, 639, 642 and 647, with a 50-foot
variable right-of-way width, for a length of 0.00 miles.
Total Mileage – 0.39
20
ATTACHMENT 5
RESOLUTION
WHEREAS, the Piedmont Housing Alliance (the “PHA”) administers the Mainstream Housing Voucher
Program (the “Program”) funded by the U.S. Department of Housing and Urban Development (“HUD”); and
WHEREAS, the PHA’s Board of Directors has approved the transfer of the Program to the Albemarle
County Office of Housing (“ACOH”) pursuant to HUD guidelines; and
WHEREAS, ACOH staff has reviewed the request and determined that the expected impacts related to
ACOH administering the Program.
NOW, THEREFORE, BE IT RESOLVED that the Albemarle County Board of Supervisors approves the
request from the PHA for the County to administer the Mainstream Housing Voucher Program, subject to HUD’s
approval, and authorizes the County Executive to submit a letter and to execute any documents necessary for the
transfer of the administration from PHA to the County after approval as to form by the County Attorney.
21
ATTACHMENT 6
ORDINANCE NO. 14-18(1)
AN ORDINANCE TO AMEND CHAPTER 18, ZONING, ARTICLE III, DISTRICT REGULATIONS, ARTICLE IV,
PROCEDURE, AND ARTICLE V, VIOLATION AND PENALTY, OF THE CODE OF THE COUNTY OF
ALBEMARLE, VIRGINIA
BE IT ORDAINED By the Board of Supervisors of the County of Albemarle, Virginia, that Chapter 18, Zoning,
Article III, District Regulations, Article IV, Procedure, and Article V, Violation and Penalty, are hereby amended
and reordained as follows:
By Amending:
Sec. 32.5.2 Contents of an initial site plan
Sec. 35.1 Fees
Sec. 36.1 Violations
By Amending, Renumbering and Renaming:
Old New
Sec. 30.3.01 Sec. 30.3.1 Intent Purpose and intent
Sec. 30.3.02.2 Sec. 30.3.7 Determinations of floodway fringe in the approximated flood plain
Administration; interpretation of Flood Insurance Rate Map
Sec. 30.3.08 Sec. 30.3.4 Warning and disclaimer of liability Disclaimer
Sec. 30.3.09 Sec. 30.3.16 Restoration or replacement of nonconforming uses Nonconforming structures
and uses
Sec. 30.3.10 Sec. 30.3.17 Waiver, modification, and variance regulations Variances
By Amending, Renaming and Separating Into Multiple Sections:
Old New
Sec. 30.3.02.1 Definitions – Generally Sec. 30.3.2 Flood Insurance Rate Map and Flood Insurance
Study
Sec. 30.3.5 Definitions
***
Sec. 30.3.03.2 Development permit; Sec. 30.3.12 Prerequisite to development; permits
building permit; grading and certifications
permit Sec. 30.3.13 Encroachment standards;
Sec. 30.3.03.3 Alteration or relocation of determining impact on base flood
a watercourse elevation
Sec. 30.3.15 Construction standards
***
Sec. 30.3.07 Amendment to the flood Sec. 30.3.9 Administration; amendment to district hazard
overlay district boundaries
Sec. 30.3.10 Administration; Letters of Map Change
By Amending, Renaming and Combining Multiple Sections:
Old New
Sec. 30.3.04 Prohibited uses Sec. 30.3.11 Permitted and prohibited uses and
Sec. 30.3.05 Permitted uses structures
Sec. 30.3.05.1 By right
Sec. 30.3.05.1.1 By right within the floodway
Sec. 30.3.05.1.2 By right within the floodway
fringe
Sec. 30.3.05.2 By special use permit
Sec. 30.3.05.2.1 By special use permit within
the floodway
Sec. 30.3.05.2.2 By special use permit within
the floodway fringe
22
***
Sec. 30.3.06 Landfill permits for flood Sec. 30.3.14 Encroachment standards; fill in the
plain alteration floodway fringe
Sec. 30.3.06.1 Permit requirements
By Adding:
Sec. 30.3.3 Applicability
Sec. 30.3.6 Designation of floodplain administrator; powers and duties
Sec. 30.3.8 Administration; interpretation of district boundaries
Sec. 32.5.7 Flood hazard overlay district
Chapter 18. Zoning
Article III. District Regulations
Section 30.3
Flood Hazard Overlay District – FH
Sec. 30.3 Flood hazard overlay district - FH
Sec. 30.3.1 Purposes and intent.
Under the authority of Virginia Code § 15.2-2280, the purposes and intent of section 30.3 are to:
A. Prevention of harm. Prevent the loss of life and property, the creation of health and safety hazards , the
disruption of commerce and governmental services, the extraordinary and unnecessary expenditure of
public funds for flood protection and relief, and the impairment of the tax base.
B. Means used. In order to prevent the several harms described in subsection (A), section 30.3 establishes
an overlay zoning district to: (i) regulate uses, activities, and development which, alone or in combination
with other existing or future uses, activities, and development, will cause unacceptable increases in flood
heights, velocities, and frequencies; (ii) restrict or prohibit certain uses, activities, and development from
locating within areas subject to flooding; (iii) require all of those uses, activities, and developments that do
occur in areas subject to flooding to be protected or flood-proofed, or both, against flooding and flood
damage; and (iv) protect individuals from buying land and structures which are unsuited for intended
purposes because of flood hazards.
C. Flood insurance. Address a local need for flood insurance and to participate in the National Flood
Insurance Program.
(§ 30.3.01, 12-10-80; Ord. 05-18(1), 1-5-05, effective 2-5-05)
State law reference – Va. Code § 15.2-2280.
Federal law reference – 44 CFR §§ 59.22(a)(1) , (a)(2).
Sec. 30.3.2 Flood Insurance Rate Map and Flood Insurance Study.
The flood hazard overlay district shall be composed of all areas of the county within the special flood hazard
areas delineated on the Flood Insurance Rate Map for Albemarle County, Virginia and Incorporated Areas and
the Independent City of Charlottesville, most recently amended effective on and after April 2, 2014 (the “Flood
Insurance Rate Map”), and the Flood Insurance Study for Albemarle County and Incorporated Areas and the
Independent City of Charlottesville prepared by the Federal Emergency Management Agency, most recently
amended effective on and after April 2, 2014 (the “Flood Insurance Study”), and includes all subsequent revisions
and amendments to the Flood Insurance Rate Map and Flood Insurance Study.
The Flood Insurance Rate Map and the Flood Insurance Study are incorporated herein by reference. The Flood
Insurance Rate Map, including all of the special flood hazard area zones designated thereon, is hereby adopted
as the zoning map of the flood hazard overlay district.
(§ 30.3.02.1 (part), 12-10-80; 6-10-87; Ord. 05-18(1), 1-5-05, effective 2-5-05)
State law reference – Va. Code § 15.2-2280.
23
Federal law reference – 44 CFR § 60.2(h).
Sec. 30.3.3 Applicability.
Section 30.3 applies as follows:
A. Territory. Section 30.3 shall apply to all privately and publicly owned lands within the coun ty that are
identified as being within a special flood hazard area according to the Flood Insurance Rate Map provided
to the county by the Federal Emergency Management Agency.
B. Relationship to other regulations. The regulations in section 30.3 supersede any less restrictive conflicting
ordinances and regulations.
C. New uses and development. On and after April 2, 2014, no land shall be developed and no structure shall
be located, relocated, constructed, reconstructed, enlarged, or structurally altered except in full compliance
with the terms and provisions of section 30.3, this chapter, and any other applicable ordinances and
regulations which apply to uses within the county.
D. Pre-existing uses and development. Any use or development lawfully existing on April 2, 2014 shall be
nonconforming to the extent that it is not in compliance with section 30.3.
E. Presumptions. Any, use, structure or other development lawfully established after April 2, 2014 without a
floodplain development permit, elevation certificate, or any other certification or documentation
(collectively, the “documentation”) required for development within the flood hazard overlay district is
presumed to be a violation of this chapter until the documentation is provided to the floodpl ain
administrator and determined to satisfy the requirements of the district.
(§ 30.3.3 (new))
State law reference – Va. Code § 15.2-2280.
Federal law reference – 44 CFR § 60.1(b).
Sec. 30.3.4 Disclaimer.
The degree of flood protection sought by the provisions in section 30.3 is considered reasonable for regulatory
purposes and is based on acceptable engineering methods of study, but does not imply total flood protection.
Larger floods may occur on rare occasions. Flood heights may be increased by m an-made or natural causes,
such as ice jams and bridge openings restricted by debris. Therefore:
A. Flooding and flood damage may occur outside of flood hazard overlay district. Section 30.3 does not
imply that lands or uses outside of the flood hazard ov erlay district will be free from flooding or flood
damage.
B. Disclaimer. Section 30.3 is not a waiver of sovereign immunity or any statutory immunities and shall not
create liability on the part of the county or any of its officers or employees for any flood damage resulting
from reliance on this section or any decision or determination lawfully made under this chapter.
(§ 30.3.08, 12-10-80)
Sec. 30.3.5 Definitions.
The following definitions shall apply in the interpretation and implementation of section 30.3:
Accessory structure: An accessory structure, as defined in section 3.1, having a footprint that does not exceed
two hundred (200) square feet.
Base flood: The flood having a one (1) percent chance of being equaled or exceeded in any given year, and also
referred to as the “one hundred year flood.”
24
Base flood elevation: The water surface elevation of the base flood in relation to the datum specified on the
county’s Flood Insurance Rate Map or the elevation determined pursuant to section 30.3.13(C).
Basement: Any area of a building having its floor sub-grade (below ground level) on all sides.
Conditional Letter of Map Revision (CLOMR): A formal review and comment by the Federal Emergency
Management Agency as to whether a proposed flood protection project or other project complies with the
minimum National Flood Insurance Program requirements for such projects with respect to the delineation of
special flood hazard areas, but which does not revise the effective Flood Insurance Rate Map or Flood Insurance
Study.
Development: Any man-made change to improved or unimproved real estate, including, but not limited to,
buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations or storage
of equipment or materials.
Elevated building: A building without a basement built to have the lowest floor elevated above the ground level by
means of solid foundation perimeter walls, pilings, or columns (posts and piers).
Encroachment: The advance or infringement of uses, plant growth, fill, excavation, buildings, permanent structures
or development into a floodplain, which may impede or alter the flow capacity of a floodplain.
Existing manufactured home park or subdivision: Any manufactured home park or subdivision lawfully approved
and recorded before the effective date of the Flood Insurance Rate Map or before January 1, 1975 for Flood
Insurance Rate Maps effective before that date.
Existing structure: Any structure for which the “start of construction” commenced before the effective date of the
Flood Insurance Rate Map or before January 1, 1975 for Flood Insurance Rate Maps effective before that date.
Flood or flooding: Either (i) a general or temporary condition of partial or complete inundation of normally d ry land
areas from the overflow of inland waters, the unusual and rapid accumulation or runoff of surface waters from any
source; or mudflows which are proximately caused by flooding from unusual and rapid accumulation or runoff of
surface waters from any source, and are akin to a river of liquid and flowing mud on the surfaces of normally dry
land areas, as when earth is carried by a current of water and deposited along the path of the current; or (ii) the
collapse or subsidence of land along the shore of a lake or other body of water as a result of erosion or
undermining caused by waves or currents of water exceeding anticipated cyclical levels or suddenly caused by an
unusually high water level in a natural body of water, accompanied by a severe storm, or by an unanticipated
force of nature such as a flash flood, or by some similarly unusual and unforeseeable event which results in
flooding from the overflow of inland waters.
Flood Insurance Rate Map (FIRM): A map of the county on which the Federal Emergency Management Agency
has delineated both the special hazard areas and the risk premium zones applicable within the county.
Flood Insurance Study (FIS): A report by the Federal Emergency Management Agency that examines, evaluates
and determines flood hazards and, if appropriate, corresponding water surface elevations, or an examination,
evaluation and determination of mudflow and/or flood-related erosion hazards.
Floodplain: Any land area susceptible to being inundated by water from any source.
Flood proofing: Any combination of structural and non-structural additions, changes, or adjustments to structures
which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities,
structures and their contents.
Floodplain impact plan. A plan prepared by a professional engineer or other professional of demonstrated
qualifications, and submitted to the floodplain administrator in sufficient detail as provided in the Design Standards
Manual to allow him to conduct a complete review of the impacts to the floodplain that may be caused by an
encroachment, wherein the plan is composed of hydrologic and hydraulic analyses performed in accordance with
standard engineering practices and demonstrating that a proposed encroachment will not result in an increase in
water surface elevation or a change in boundaries of the base flood above that allowed in the particular zone
within the county during the occurrence of the base flood discharge, and studies, analyses, computations, and th e
plan preparer’s certification that the technical methods used correctly reflect currently-accepted technical
concepts.
25
Floodway, regulatory: The channel of a river or other watercourse and the adjacent land areas that must be
reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than
one (1) foot.
Floodway fringe: The portion of the floodplain subject to a one (1) percent or greater chance of flooding in any
given year that lies between the regulatory floodway and the outer limits of the special flood hazard area depicted
on the Flood Insurance Rate Map.
Freeboard: A factor of safety usually expressed in feet above a flood level for purposes of floodplain
management, for the primary purpose of compensating for the many unknown factors that could contribute to
flood heights greater than the height calculated for a selected size flood and floodway conditions, such as wave
action, bridge openings, and the hydrological effect of urbanization in the watershed, all of which, in turn, may
allow flood insurance premiums to be reduced below that which they might otherwise be.
Freeboard elevation. The base flood elevation plus one (1) foot.
Habitable space. An enclosed area having more than twenty (20) linear feet of finished walls composed of, but
not limited to, drywall, paneling, lath and plaster, or used for any purpose other than solely for parking of
vehicles, building access, or storage.
Highest adjacent grade: The highest natural elevation of the ground surface prior to construction next to the
proposed walls of a structure.
Historic structure: Any structure that is: (i) listed individually in the National Register of Historic Places (a listing
maintained by the Department of Interior) or preliminarily determined by the Secretary of the Interior as meeting
the requirements for individual listing on the National Register; (ii) certified or preliminarily determined by the
Secretary of the Interior as contributing to the historical significance of a registered historic district or a district
preliminarily determined by the Secretary to qualify as a registered historic district; (iii) individually listed on a
Secretary of the Interior-approved State inventory of historic places; or (iv) individually listed on a county inventory
of historic places under a county historic preservation program that has been certified by an approved State
program as determined by the Secretary of the Interior.
Hydrologic and hydraulic analyses: Analyses performed by a licensed professional engineer, in accordance with
standard engineering practices that are accepted by the Virginia Department of Conservation and Recreation and
the Federal Emergency Management Agency, used to determine the base flood, other frequency floods, flood
elevations, floodway information and boundaries, and flood profiles.
Letter of Map Change (LOMC): An official Federal Emergency Management Agency determination, by letter, that
amends or revises an effective Flood Insurance Rate Map or Flood Insurance Study in the form of a Letter of Map
Amendment, a Letter of Map Revision, or any other similar official Federal Emergency Management Agency
determination made by letter.
Letter of Map Amendment (LOMA): An amendment based on technical data showing that a parcel, site or
structure was incorrectly included in a designated special flood hazard area. A LOMA amends the current
effective Flood Insurance Rate Map and establishes that a particular parcel or site as described by metes and
bounds, or a structure, is not located in a special flood hazard area.
Letter of Map Revision (LOMR): A revision based on technical data that may show changes to flood zones, flood
elevations, floodplain and regulatory floodway delineations, and planimetric features.
Letter of Map Revision Based on Fill (LOMR-F): A revision based on technical data making the determination that
a parcel, site or structure has been elevated by fill, authorized and placed in accordance with section 30.3 and all
other requirements of this chapter, above the base flood elevation and is, therefore, no longer exposed to flooding
associated with the base flood.
Lowest floor: The lowest floor of the lowest enclosed area (including basement) of a building, provided that an
unfinished or flood-resistant enclosure, usable solely for parking of vehicles, building access or storage in an area
other than a basement area is not considered a building’s lowest floor, and further provided that the enclosed
area is not built so as to render the building in violation of the applicable non-elevation design requirements of
section 30.3.15 and 44 CFR §60.3.
26
Manufactured home: A structure, transportable in one or more sections, which is built on a permanent chassis
and is designed for use with or without a permanent fo undation when connected to the required utilities and, for
floodplain management purposes, includes park trailers, travel trailers, and other similar vehicles placed on a site
for longer than one hundred eighty (180) consecutive days, but does not include a recreational vehicle.
Manufactured home park or subdivision: A parcel or site divided into two or more manufactured home lots for rent
or sale.
New construction: For floodplain management purposes, new construction means structures for which the start
of construction commenced on or after December 16, 1980 and includes any subsequent improvements to such
structures.
Post-FIRM structures: A structure for which construction or substantial improvement lawfully occurred on or after
December 16, 1980.
Pre-FIRM structures: A structure for which construction or substantial improvement lawfully occurred before
December 16, 1980.
Recreational vehicle: A vehicle which is: (i) built on a single chassis; (ii) four hundred (400) square feet or less
when measured at the largest horizontal projection; (iii) designed to be self-propelled or permanently towable by a
light duty truck; and (iv) designed primarily not for use as a permanent dwelling but as temporary living quarters
for recreational, camping, travel, or seasonal use.
Repetitive loss structure: A building covered by a contract for flood insurance that has incurred flood -related
damage on two (2) occasions during a ten (10)-year period ending on the date of the event for which a second
claim is made, in which the cost of repairing the flood damage, on the average, equaled or exceeded twenty-five
(25) percent of the market value of the building at the time of each flood event.
Shallow flooding area: A special flood hazard area with base flood depths from one (1) to three (3) feet where a
clearly defined channel does not exist, where the path of flooding is unpredictable and indeterminate, and where
velocity flow may be evident, and where the flooding may be characterized by ponding or sheet flow.
Special flood hazard area: The land in the floodplain subject to a one (1) percent or greater chance of flooding in
any given year and which may be designated as Zone A on the Flood Hazard Boundary Map and, after detailed
ratemaking has been completed in preparation for publication of the Flood Insurance Rate Map, designated as
Zones A, AO, AH, A1-30, AE, A99, AR, AR/A1-30, AR/AE, AR/AO, AR/AH, or AR/A.
Start of construction: The date the building permit was issued, provided the actual start of construction, repair,
reconstruction, rehabilitation, addition, placement, substantial improvement or other improvement was within one
hundred eighty (180) days after the date the permit was issued; provided that: (i) “actual start” means either the
first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the
installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of
a manufactured home on a foundation; (ii) “permanent construction” does not include land preparation, such as
clearing, grading and filling, nor the installation of streets or walkways, or both; nor any excavation for a
basement, footings, piers, or foundations or the erection of temporary forms; nor the instal lation on the site of
accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure;
and further provided that, for a substantial improvement, the actual start of construction means the first alteration
of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external
dimensions of the building.
Structure: For floodplain management purposes, a walled and roofed building, including a gas or liquid storage
tank, that is principally above ground, as well as a manufactured home.
Substantial damage: Damage of any origin sustained by a structure whereby the cost of restoring the structure to
its before damaged condition would equal or exceed fifty (50) percent of the market value of the structure before
the damage occurred.
Substantial improvement: Any reconstruction, rehabilitation, addition, or other improvement of a structure, the cost
of which equals or exceeds fifty (50) percent of the market value of the structure before the start of construction of
the improvement and includes structures which have incurred substantial damage regardless of the actual repair
work performed; provided that the term does not include: (i) any project for improvement of a stru cture to correct
27
existing violations of state or county health, sanitary, or safety code regulations which have been identified by the
zoning administrator, the building official or any other code enforcement officer and which are the minimum
necessary to assure safe living conditions; or (ii) any alteration of a historic structure, provided that the alteration
will not preclude the structure’s continued designation as a historic structure.
Water-dependent facility. Facilities that cannot exist outside of the flood hazard overlay district and must be
located on the shoreline because of the intrinsic nature of its operation and which include, but are not limited to: (i)
the intake and outfall structures of power plants, sewage treatment plants, water treatm ent plants, and storm
sewers; (ii) public water-oriented recreation areas; and (iii) boat docks and ramps.
Watercourse: A lake, river, creek, stream, wash, channel or other topographic feature on or over which waters
flow at least periodically, and includes specifically designated areas in which substantial flood damage may
occur.
Zone A. A special flood hazard area that is subject to inundation by the one (1) percent annual chance flood event
(one hundred year flood) where detailed hydraulic analyses have not been performed and no base flood
elevations or flood depths are shown.
Zone AE or A1-30. A special flood hazard area that is subject to inundation by the one (1) percent annual chance
flood event (one hundred year flood) determined by detailed methods where base flood elevations are shown.
Zone AE is the designation replacing Zone A1-30 on new and revised Flood Insurance Rate Maps.
Zone AH. A special flood hazard area that is subject to inundation by one (1) percent annual chance (one
hundred year flood) shallow flooding, usually areas of ponding, where average depths are one to three feet and
base flood elevations derived from detailed hydraulic analyses are shown.
Zone AO. A special flood hazard area that is subject to inundation by one percent annual chance (one hundred
year flood) shallow flooding, usually sheet flow on sloping terrain, where average depths are one to three feet and
average flood depths derived from detailed hydraulic analyses are shown.
(§ 30.3.02.1 (part), 12-10-80; 6-10-87; Ord. 05-18(1), 1-5-05, effective 2-5-05)
State law reference – Va. Code § 15.2-2286.
Federal law reference – 44 CFR § 59.11.
Sec. 30.3.6 Designation of floodplain administrator; powers and duties.
The county engineer is hereby designated the floodpla in administrator (the “floodplain administrator”) and shall
have any and all powers and duties authorized by law to administer and to enforce section 30.3, including, but not
limited to, the following:
A. Administration. Administer section 30.3 which shall include, but not be limited to, performing all applicable
duties and responsibilities of the county as provided in 44 CFR § 60.3(a), (b), (c), and (d) relevant to the
administration of section 30.3.
B. Delegation to qualified employees and authorized public entities. Delegate any duties and responsibilities
set forth in section 30.3: (i) to qualified technical personnel, plan examiners, inspectors, and other
employees; and (ii) with the prior consent of the Virginia Department of Conservation and Recrea tion, to
an authorized public entity by written memorandum of understanding or memorandum of agreement;
provided that the floodplain administrator and the county shall remain responsible for complying with the
requirements of this section and all applicab le state and federal laws.
C. Implement commitments. Implement the commitments required to be made by the county under 44 CFR
§ 59.22(a).
D. Recordkeeping. Maintain and permanently keep records that are necessary for the administration of
section 30.3, including: (i) Flood Insurance Studies, Flood Insurance Rate Maps (including historic studies
and maps and current effective studies and maps) and Letters of Map Change; and (ii) documentation
supporting issuance and denial of permits, elevation certifica tes, documentation of the elevation (in
relation to the datum on the Flood Insurance Rate Map) to which structures have been flood-proofed,
other required design certifications, variances, and records of enforcement actions taken to correct
28
violations of these regulations.
E. Reporting. Report information as required by law, including the following:
1. Periodic report regarding County participation in program. Submit to the Federal Emergency
Management Agency, either annually or biennially as he determines, a report concerning the
county’s participation in the National Flood Insurance Program, including, but not limited to, the
county’s development and implementation of floodplain regulations, under 44 CFR § 59.22(b).
2. Report of buildings, development and related permits. Upon the request of the Federal Emergency
Management Agency, complete and submit a report concerning participation in the National Flood
Insurance Program, and which may include information regarding the number of buildings in the
special flood hazard areas, number of permits issued for development in the special flood hazard
areas, and number of variances issued for development in the special flood hazard areas.
3. Changes to base flood elevation. As soon as practicable, but not later than six (6) months after
the date information regarding an increase or decrease to the county’s base flood elevations
resulting from physical changes affecting flooding conditions becomes available, the administrator
shall notify the Federal Emergency Management Agency of the changes by submitting technical
or scientific data.
F. Signatory on applications for Letters of Map Change. Sign as the community official on applications for
Letters of Map Change to the Federal Emergency Management Agency.
G. Enforcement. In conjunction with the zoning administrator who is authorized by section 31.1 to enforce
this chapter, enforce section 30.3, investigate alleged violations, issue notices to comply, notices of
violation, or stop work orders, as authorized by law, and require permit holders to take corrective action.
(§ 30.3.6 (new))
State law reference – Va. Code § 15.2-2286.
Federal law reference – 44 CFR §§ 59.22(b), 60.2(e), 60.3(b)(5), 65.3.
Sec. 30.3.7 Administration; interpretation of Flood Insurance Rate Map.
The floodplain administrator shall make interpretations, where needed, as to the exact location of special flood
hazard areas, floodplain boundaries, including the approximated floodplain, and regulatory floodway boundaries.
The following shall apply to the use and interpretation of a Flood Insurance Rate Map and data:
A. Where field surveyed topography indicates that adjacent ground elevations above or below base flood
elevation. Where field surveyed topography indicates that adjacent ground elevations are:
1. Above base flood elevation. Above the base flood elevation, the area shall be regulated as a
special flood hazard area unless the applicant obtains a Letter of Map Change that removes the
area from the special flood hazard area.
2. Below base flood elevation. Below the base flood elevation, even in an area not delineated as a
special flood hazard area on a Flood Insurance Rate Map, the area shall be regulated as a special
flood hazard area and subject to the requirements of section 30.3.
B. Special flood hazard area identified, where base flood elevation and floodway data not identified
(approximated floodplain). In any special flood hazard area where base flood elevation and floodway data
have not been identified and the floodplain is approximated, any other flood hazard data available from a
federal, state, or other sources shall be reviewed and reasonably used and, for example, the floodplain
administrator may use as guidance the Federal Emergency Management Agency publication enti tled
“Managing Floodplain Development in Approximate Zone A Areas: A Guide for Obtaining and Developing
Base (100-Year) Flood Elevations.”
C. Special flood hazard area not identified. In any area where a special flood hazard area has not been
identified, any other flood hazard data available from a federal, state, or other source shall be reviewed
and reasonably used.
29
D. Elevations and boundaries on Flood Insurance Rate Map and in Flood Insurance Study take precedence .
The base flood elevations and regulatory floodway boundaries on a Flood Insurance Rate Map and in a
Flood Insurance Study shall take precedence over base flood elevations and regulatory floodway
boundaries by any other sources if those sources show reduced regulatory floodway widths, lower base
flood elevations, or both.
E. Reasonable use of other data sources. Other sources of data shall be reasonably used if they show
increased base flood elevations, larger floodway areas, or both, than are shown on a Flood Insurance
Rate Map and in a Flood Insurance Study.
F. Preliminary Flood Insurance Rate Map; preliminary Flood Insurance Study . If a preliminary Flood
Insurance Rate Map, Flood Insurance Study, or both has been provided by the Federal Emergency
Management Agency:
1. Prior to the issuance of a Letter of Final Determination. Prior to the issuance of a Letter of Final
Determination by the Federal Emergency Management Agency, the use of preliminary flood
hazard data: (i) is permitted where the preliminary base flood elevations or floodway areas exceed
the base flood elevations, regulatory floodway widths, or both, in existing flood hazard data
provided by the Federal Emergency Management Agency; (ii) shall be deemed the best available
data and used where no base flood elevations, floodway areas, or both, are provided on the
effective; and (iii) any such preliminary data may be subject to change, appeal to the Federal
Emergency Management Agency, or both.
2. Upon the issuance of a Letter of Final Determination. Upon the issuance of a Letter of Final
Determination by the Federal Emergency Management Agency, the preliminary flood hazard data
shall be used and shall replace the flood hazard data previously provided from the Federal
Emergency Management Agency for the purposes of administering section 30.3.
(§ 30.3.02.2, 12-10-80; Ord. 01-18(6), 10-3-01; Ord. 05-18(1), 1-5-05, effective 2-5-05)
State law reference – Va. Code § 15.2-2286.
Federal law reference – 44 CFR § 60.3.
Sec. 30.3.8 Administration; interpretation of district boundaries.
The zoning administrator, in consultation with the floodplain administrator, is authorized to interpret the
boundaries of the flood hazard overlay district, as provided in section 31.1(a), subject to any aggrieved person’s
right to appeal any decision, determination or order to the board of zoning appeals as provided in section 34.
(§ 30.3.8 (New))
State law reference – Va. Code §§ 15.2-2286, 15.2-2311.
Federal law reference – 44 CFR § 59.22(b)(1).
Sec. 30.3.9 Administration; amendment to district boundaries.
With the prior approval of the Federal Emergency Management Agency, the board of supervisors may amend the
boundaries of the flood hazard overlay district in one or more of the following cases: (i) where natural or man -
made changes have occurred; (ii) where more detailed studies have been conducted or undertaken by the United
States Army Corps of Engineers or other qualified agency; or (iii) an individual documents the need for such
change.
(§ 30.3.07 (part), 12-10-80; Ord. 05-18(1), 1-5-05, effective 2-5-05)
State law reference – Va. Code §§ 15.2-2285, 15.2-2286
Federal law reference – 44 CFR § 59.22(b)(1).
Sec. 30.3.10 Administration; Letters of Map Change.
Letters of Map Change are subject to the following:
30
A. Request. Any owner, developer or subdivider (collectively, the “owner”) shall or may request a Letter of
Map Change or a Conditional Letter of Map Change as provided by federal law, and as follows:
1. Letter of Map Amendment (“LOMA”) or Conditional Letter of Map Amendment (“CLOMA”). If
survey data shows that a parcel, site or structure is or will be above the base flood elevation and
the owner wants the parcel, site or structure removed from the special flood hazard area
designation, he may request a Letter of Map Amendment from the Federal Emergency
Management Agency. The owner also shall provide survey data to the floodplain administrator,
which shall be in a form and of a substance that is satisfactory to the floodplain administrator. If
the survey data is satisfactory to the floodplain administrator, he shall record the data. An owner
may request a Conditional Letter of Map Amendment for an undeveloped parcel.
2. Letter of Map Revision (“LOMR”) or Conditional Letter of Map Revision (CLOMR), optional . If a
new flood study has been conducted showing that the original study was in error or that the new
study is based on more accurate or better technical data, an owner may request a Letter of Map
Revision or a Conditional Letter of Map Revision from the Federal Emergency Management
Agency to change the floodplain or regulatory floodway boundaries or to include new flood data.
3. Letter of Map Revision (“LOMR”) or Conditional Letter of Map Revision (CLOMR), required . If
development, or proposed development, in the floodplain may result in a change to the base flood
elevation in any special flood hazard area, encroaches on the regulatory floodway, or would alter
or relocate a stream, the owner shall request a Letter of Map Revision or a Conditional Letter of
Map Revision from the Federal Emergency Management Agency. If the requested Letter of Map
Revision is based on new fill in the floodway fringe where a regulatory floodway is defined, the
owner shall request a Letter of Map Revision-fill (“LOMR-F”) or a Conditional Letter of Map
Revision – fill (“CLOMR-F”).
4. Minimal submittal requirements to the floodplain administrator; signature . The owner shall submit
to the floodplain administrator two (2) copies of the proposed application, together with supporting
documentation and models, and the applicable fee, for review and approval prior to the floodplain
administrator signing the application as the community official. If the owner is required to obtain a
special use permit for any proposed development in the flood hazard overlay dis trict, the owner
shall first obtain approval of the special use permit and satisfy all applicable conditions of the
special use permit before the floodplain administrator signs the application.
B. Effect of conditional Letter of Map Change. A Conditional Letter of Map Change informs the owner and
others that when the development is completed, and if the owner submits an elevation certificate and as -
built drawings certified by a land surveyor or a professional engineer to demonstrate that the development
was built as approved in the Conditional Letter of Map of Map Change, it will qualify for the particular
Letter of Map Change, which must be requested from and issued by the Federal Emergency
Management Agency in order for the map to be amended or revised.
C. Effect of Letter of Map Change on permitting and uses. A proposed or pending request for a Letter of Map
Change affects permitting and uses as follows:
1. Letter of Map Amendment or Conditional Letter of Map Amendment. If the owner has or will be
requesting a Letter of Map Amendment or a Conditional Letter of Map Amendment as provided in
subsection (A)(1), the administrator or any other county official or body may act on any pending
application and any authorized use may begin, provided that the owner furnished to the
administrator the survey data on which a Letter of Map Amendment or Conditional Letter of Map
Amendment is or will be based before the Letter of Map Amendment or Conditional Letter of Map
Amendment is issued.
2. Letter of Map Revision or Conditional Letter of Map Revision, optional. If the owner has or will be
requesting an optional Letter of Map Revision or Conditional Letter of Map Revision as provided
in subsection (A)(2), the administrator or any other county official or body may act on any pending
application and any authorized use may begin, provided that if the Letter of Map Revision or
Conditional Letter of Map Revision, if issued, would reduce any design or construction standard,
or change the special flood hazard area designation of the parcel, site or structure from the
regulatory floodway to the floodway fringe, any approval may be conditioned on, and no use shall
31
be begin, until the Federal Insurance Administrator issues the Letter of Map Revision or
Conditional Letter of Map Revision.
3. Letter of Map Revision (“LOMR”) or Conditional Letter of Map Revision (CLOMR), required . If the
owner has or will be requesting a required Letter of Map Revision or Conditional Letter of Map
Revision as provided in subsection (A)(3), the administrator or any other county official or body
shall not act on any pending application and no use shall begin until the Federal Emergency
Management Agency issues the Letter of Map Revision and all requirements of 44 CFR § 65.12
are satisfied.
(§ 30.3.07 (part), 12-10-80; Ord. 05-18(1), 1-5-05, effective 2-5-05)
State law reference – Va. Code § 15.2-2286.
Federal law reference – 44 CFR §§ 59.22(b)(1), 65.3, 65.6.
Sec. 30.3.11 Permitted and prohibited uses and structures.
The uses and structures permitted by right and by special use permit, and the uses and structures expressly
prohibited, in the flood hazard overlay district are as follows:
32
Use or Structure Regulatory
Floodway
Floodway
Fringe
Agricultural, Natural Resources, and Recreational Uses and Structures*
Agricultural uses, limited to field crops, pasture, grazing, livestock, raising
poultry, horticulture, viticulture and forestry; provided that no primary or
accessory structures are permitted under this classification
BR
BR
Structures accessory to a permitted agricultural use; provided that no
accessory structures having habitable space are permitted
N BR
Recreational uses including, but not limited to, parks, swimming areas, golf
courses and driving ranges, picnic areas, wildlife and nature preserves,
game farms, fish hatcheries, hunting, fishing and hiking areas, athletic
fields, and horse show grounds; provided that no primary or accessory
structures are permitted under this classification
BR
BR
Structures accessory to a permitted recreational use; provided that no
accessory structures for human habitation are permitted
N BR
Sod farming SP SP
Topsoil, sand, and gravel removal SP SP
Flood and Water Related Uses and Structures*
Flood warning aids and devices, water monitoring devices, and similar uses BR BR
Flood control or environmental restoration projects which: (i) are designed
or directed by the county, a soil and water conservation district, or a public
agency authorized to carry out flood control or environmental restoration
measures; or (ii) are reviewed and approved by the department of
community development in accordance with the water protection ordinance
BR
BR
Dams, levees and other structures for flood control or for the public drinking
water supply
SP SP
Engineered structures, including, but not limited to, retaining walls and
revetments made of non-natural materials such as concrete which are
constructed along channels or watercourses for the purpose of water
conveyance or flood control
SP
SP
Water related uses such as boat docks and canoe liveries SP SP
Hydroelectric power generation (reference 5.1.26) SP SP
Public Utility and Telecommunications Uses and Structures*
Electric, gas, oil and communications facilities, including poles, lines, pipes,
meters and related facilities for distribution of local service and owned and
operated by a public utility, but excluding tower structures
BR
BR
Water distribution and sewage collection lines and appurtenances owned
and operated by the Albemarle County Service Authority, but excluding
pumping stations and holding ponds; public water and sewer transmission
lines, main or trunk lines, and interceptors, but excluding treatment facilities
and pumping stations, owned and/or operated by the Rivanna Water and
Sewer Authority
BR
BR
Pump stations for water or wastewater, including power supply and control
devices, holding ponds and other appurtenances
SP SP
Electrical transmission lines and related towers; microwave and radio-wave
transmission and relay towers
SP SP
Tier I and Tier II personal wireless service facilities that are attached to an
existing structure
N BR
Tier III personal wireless service facilities N N
Stream Crossings and Grading Activities*
Stream crossings for driveways serving single-family dwellings and
pedestrian trails, including, but not limited to, pedestrian and multi-use
paths that are within county-owned or operated parks and greenways, and
any footbridges necessary to cross tributary streams, watercourses and
swales, that: (i) meet the applicable requirements of sections 17-406 and
17-604; (ii) demonstrate, in a floodplain impact plan, to the floodplain
administrator’s satisfaction, that construction of the crossing will have no
impact on the elevations or limits of the floodplain; and (iii) will serve one
dwelling unit that could not be accessed by any other means.
BR
BR
33
Bridges, ferries and culverts not serving single-family dwellings SP SP
Grading activities in compliance with the Water Protection Ordinance;
provided that it is demonstrated, in a floodplain impact plan that the grading
will have no impact on the elevations or limits of the floodplain and further
provided that any cut or fill shall be only to level areas for playfields, correct
erosion problems, build trails, or other fine grading activities which will have
no impact on the floodplain.
N
BR
Grading activities, including cut or fill, in compliance with the Water
Protection Ordinance, but for which the floodplain administrator determines
will or may cause the base flood elevation to rise or the horizontal limits of
the floodplain to expand
N
SP
Miscellaneous Structures*
Aircraft landing strips; provided that structures other than the landing strip,
aircraft parking, and aircraft storage are prohibited
SP SP
Fences BR BR
Structures accessory to uses permitted by right in the regulatory floodway,
excluding structures having habitable space; provided that any such
structure permitted shall be flood-proofed and anchored per FEMA
standards.
N
SP
Structure having habitable space, including any manufactured home,
regardless of the structure’s proposed use, whether it qualifies as a
dwelling unit, and whether it is a primary or accessory structure
N
N
Storage as a Primary or Accessory Use*
Storage of gasoline, kerosene and other petroleum products N N
Storage of flammable liquids, dynamite, blasting caps and other explosives N N
Storage of pesticides and poisons and other similar materials N N
Storage of machinery and motor vehicles except as accessory to a use
allowed by right or by special use permit
N N
Storage of junk N N
*Heading is for organizational purposes only and is not a use classification.
**Heading denotes that the use classifications are prohibited as either primary or accessory uses.
BR: The use is permitted by right, provided that the use or structure satisfies all applicable requirements of this
chapter, including, but not limited to, the permitting requirements of section 30.3.12 and the encroachment and
construction standards in sections 30.3.13 through 30.3.15.
SP: The use is permitted by special use permit, provided that the use or structure satisfies all applicable
requirements of this chapter. including, but not limited to, the permitting requirements of section 30.3.12 and the
encroachment and construction standards in sections 30.3.13 through 30.3.15.
N: The use is not permitted.
(§ 30.3.04, 12-10-80); (§ 30.3.05, 12-10-80); (§ 30.3.05.1, 12-10-80); (§ 30.3.05.1.1, 12-10-80, 7-1-81, 5-12-93;
Ord. 98-18(2); 9-16-98; Ord. 04-18(2), 10-13-04; Ord. 09-18(2), 5-13-09); (§ 30.3.05.1.2, 12-10-80; Ord. 05-18(1),
1-5-05, effective 2-5-05); (§ 30.3.05.2, 12-10-80); (§ 30.3.05.2.1, 12-10-80, 4-28-82, Ord. 98-18(2); 9-16-98; Ord.
04-18(2), 10-13-04); (§ 30.3.05.2.2, 12-10-80)
State law reference – Va. Code § 15.2-2280.
Federal law reference – 44 CFR § 60.1(d).
Sec. 30.3.12 Prerequisite to development; required permits and certifications.
In addition to the requirements for any other permits under this chapter, no use, structure, or any other
development (collectively, the “development”) within the flood hazard overlay district shall commence without the
owner first obtaining or providing the following:
A. Floodplain development permit. A floodplain development permit for any development, including those for
which other permits or certificates are required under subsections (B) through (E), issued by the
floodplain administrator, which shall be deemed to be certification of the following:
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1. Uses, structures or development subject to permit. The owner submitted documentation that the
proposed development is authorized within the district as it has been proposed and approved
under this chapter and that it is in compliance with all applicable state and federal laws.
2. Compliance with all applicable laws. The development is authorized to be undertaken only in
strict compliance with the requirements of the flood hazard overlay district, this chapter, and all
other applicable laws, including the Virginia Uniform Statewide Building Code , the Subdivision
Ordinance, and the Water Protection Ordinance.
3. Reasonably safe from flooding. The site has been reviewed by the floodplain administrator and
he is assured that it is reasonably safe from flooding. This assurance shall be based, in part,
upon any documentation provided by the owner showing the elevation of the lowest floor,
including the basement, of any new and substantially improved structures and, if the structure has
been flood-proofed in accordance with the requirements of the flood hazard overlay district, the
elevation (in relation to mean sea level) to which the structure has been flood-proofed.
4. Adverse effect on capacity of channels and floodways prohibited. Under no circumstances shall
any development adversely affect the capacity of the channels or floodways of any watercourse,
drainage ditch, or any other drainage facility or system.
5. Floodway or in a riverine floodplain where the floodway is not mapped. For any development in
the regulatory floodway or in a riverine floodplain where the floodway is not mapped, the owner
shall submit to the floodplain administrator a no-rise certificate composed of a professional
engineer’s certification that the development will not cause an increase in flood levels, based on
the technical data required by section 30.3.13. The no-rise certificate shall be on a form provided
by the floodplain administrator.
B. Grading permit. No grading permit shall be issued for fill in the floodway fringe unless the floodplain
administrator determines that the proposed fill satisfies the requirements of section 30.3.14.
C. Permit to relocate or alter a watercourse; required notice. Prior to any proposed alteration or relocation of
any channels or of any watercourse within the flood hazard overlay district, the owner shall obtain all
required permits from the United States Corps of Engineers, the Virginia Department of Environmental
Quality, and the Virginia Marine Resources Commission (a joint permit application is available from any of
these organizations). In riverine areas, notification of the proposed relocation or alteration shall be given
by the owner to all affected adjacent jurisdictions, the Virginia Department of Conservation and Recreation’s
Division of Dam Safety and Floodplain Management, the Federal Emergency Management Agency, and
any other public agencies required to be notified by state or federal law. The flood carrying capacity within
an altered or relocated portion of any watercourse shall be maintained.
D. Building permits. No building permit shall be issued for any structure within the flood hazard overlay
district unless:
1. Elevations. The building permit includes the existing and proposed ground elevations, the
boundaries of the flood hazard overlay district, the base flood elevation on the site, the elevation
of the lowest floor, including any basement, and for any structures to be flood-proofed as required
by section 30.3, the elevation to which the structure will be flood-proofed.
2. Elevation certificate. The owner submits to the floodplain administrator an elevation certificate, to
be retained by the floodplain administrator, certifying that the lowest floor is elevated at or above
the freeboard elevation. The elevation certificate shall be either on the Federal Emergenc y
Management Agency Elevation form or a form provided by the floodplain administrator.
3. Flood-proofing certificate; non-residential buildings. The owner submits to the floodplain
administrator a flood-proofing certificate composed of a professional engineer’s certification that a
non-residential building was properly flood-proofed as required by section 30.3.15. The flood-
proofing certificate shall be either on the Federal Emergency Management Agency Elevation form
or a form provided by the floodplain administrator.
(§ 30.3.03.2 (part), 12-10-80, 6-10-87); (§ 30.3.03.3, 12-10-80)
State law reference – Va. Code §§ 15.2-2280, 15.2-2286.
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Federal law reference – 44 CFR §§ 60.3(a)(1), (a)(2). (a)(4)(i), (a)(3), (b)(1), (b)(6), (b)(7).
Sec. 30.3.13 Encroachment standards; determining impact on base flood elevation.
Any use, structure or other development authorized by section 30.3.11 shall be subject to the following:
A. Within the floodway in Zone A1-30 or AE. The following shall apply within the regulatory floodway of any
Zone A1-30 or AE:
1. Encroachment prohibited unless owner demonstrates no increase in water surface elevation of
the base flood. Any encroachment, including new construction, substantial improvements, fencing
crossing a stream channel, or other development, but excluding fill, is prohibited unless the owner
demonstrates in a floodplain impact plan that the proposed encroachment will not result in any
increase in the water surface elevation of the base flood within the county duri ng the occurrence
of the base flood discharge. Fill is prohibited in the regulatory floodway regardless of whether the
owner demonstrates that the fill will not result in any increase in the water surface elevation of the
base flood.
2. Encroachment which would increase the water surface elevation may be allowed with
Conditional Letter of Map Revision. Any encroachment, including fill, new construction,
substantial improvements, or other development, which would increase the water surface
elevation of the base flood may be allowed provided that the owner first applies, with the
floodplain administrator’s endorsement, for a Conditional Letter of Map Revision as provided in
section 30.3.10, and receives the approval of the Federal Emergency Management Agency.
3. Authorized encroachments; applicable design standards . All new construction and substantial
improvements shall comply with the applicable standards in section 30.3.15. A replacement
manufactured home may be placed on a lot in an existing manufactured home park or
subdivision to replace an existing manufactured home, provided the anchoring, elevation, and
encroachment standards in section 30.3.15(A) and (B) are satisfied.
B. Within Zone A1-30, AE or AH, floodway not designated. The following shall apply within any Zone A1-30,
AE or AH where the floodway is not designated:
1. Encroachment prohibited unless owner demonstrates cumulative increase in water surface
elevation of the base flood will not exceed one (1) foot. Any encroachment, including fill, new
construction, substantial improvements, fencing crossing a stream channel, or other
development, is prohibited unless the owner demonstrates in a floodplain impact plan that the
cumulative effect of the proposed encroachment, when combined with all o ther existing and
anticipated development, will not result in an increase in water surface elevation of the base
flood by more than one (1) foot within the county during the occurrence of the base flood
discharge.
2. Encroachment which would increase the water surface elevation of the base flood by more than
one foot may be allowed with Conditional Letter of Map Revision. Any encroachment, including
fill, new construction, substantial improvements, or other development, which would increase the
water surface elevation of the base flood by more than one (1) foot may be allowed provided that
the owner first applies, with the floodplain administrator’s endorsement, for a Conditional Letter
of Map Revision as provided in section 30.3.10, and receives the approval of the Federal
Emergency Management Agency.
C. Within Zone A; floodway not designated and floodplain boundary approximated . The following shall apply
within any Zone A where the floodway is not designated and the floodplain boundary is approximated, in
order to determine the location of the floodway and the floodplain, and the elevation of the base flood:
1. Floodway and base flood elevation. The base flood elevation and floodway shall be determined
for the proposed development using information from federal, state, and other acceptable sources
shall be used to determine the floodway and base flood elevation, when available. These sources
shall include, but are not limited to, the United States Army Corps of Engineers Floodplain
Information Reports and the United States Geological Survey Flood-Prone Quadrangles. If the
base flood elevation cannot be determined using these sources of data, then the applicant for the
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proposed encroachment shall determine the base flood elevation, as follows:
a. Other sources. Base flood elevation data shall be obtained from other sources or
developed using detailed methodologies, comparable to those contained in a Flood
Insurance Study for subdivisions, site plans, and other proposed development proposals
that exceed fifty (50) lots or five (5) acres, whichever is the lesser; or
b. Hydrologic and hydraulic analyses. In his discretion, the floodplain administrator may
require a floodplain impact plan.
2. Approximated floodplain. In the approximated floodplain, the applicant shall use technical
methods that correctly reflect currently accepted non-detailed technical concepts, such as point
on boundary, high water marks, detailed methodologies, or hydrologic and hydraulic analyses.
Studies, analyses, computations, and other information shall be submitted to the floodplain
administrator in sufficient detail to allow him to conduct a complete review of the analyses. In his
discretion, the floodplain administrator may require the owner to submit a floodplain impact plan.
D. Any zone; additional information. The floodplain administrator may require a hydrologic and hydraulic
analysis for any development. When the base flood elevation data is used, the lowest floor shall be
elevated to or above the freeboard elevation.
(§ 30.3.03.2 (part), 12-10-80, 6-10-87)
State law reference – Va. Code §§ 15.2-2280, 15.2-2286.
Federal law reference – 44 CFR §§ 59.1, 60.3(b), (c) , (d).
Sec. 30.3.14 Encroachment standards; fill in the floodway fringe.
Any fill in the floodway fringe authorized by special use permit under section 30.3.11 shall, in addition to any
condition of approval of the special use permit and any applicable encroachment standard in section 30.3.13, be
subject to the following:
A. Minimize obstruction. The fill shall be designed and constructed to minimize obstruction to and effect
upon the flow of water such that: (i) the fill will not, in the opinion of the floodplain administrator, result in
any increase in the base flood elevation above that authorized in section 30.3.13; and (ii) no fill is placed
in the regulatory floodway.
B. Protect against erosion. The fill shall be effectively protected against erosion by vegetative cover, riprap,
gabions, bulkhead or another method acceptable to the floodplain administrato r. Any structure, equipment
or material installed to protect against erosion shall be firmly anchored to prevent dislocation due to
flooding.
C. Non-polluting. The fill shall be of a material that will not pollute surface water or groundwater.
D. Additional information. The floodplain administrator may require any owner to submit additional
topographic, engineering and other data or studies as the administrator deems necessary to determine
the effect of flooding on a proposed structure or fill, the effect of the structure or fill, or both, on the flow of
water during a flood.
E. Certification by floodplain administrator. No fill activity shall occur before the owner submits a site plan for
review, the floodplain administrator certifies that the requirem ents of subsections (A) through (D), and all
other applicable requirements of the Code, have been satisfied.
(§§ 30.3.06, 30.3.06.1, 12-10-80)
State law reference – Va. Code §§ 15.2-2280, 15.2-2286.
Federal law reference – 44 CFR § 60.1(d).
Sec. 30.3.15 Construction standards.
The following standards shall apply to any structure authorized under section 30.3.11 within the flood hazard
37
overlay district, and its special flood hazard area zones:
A. Structures and related improvements in any special flood hazard area; general standards. Any structures
and related improvements in any special flood hazard area zone shall satisfy the following:
1. Compliance with building code and required anchoring . New construction and substantial
improvements shall be according to the Virginia Uniform Statewide Building Code, and anchored
to prevent flotation, collapse or lateral movement of the structure.
2. Use materials resistant to flood damage. New construction and substantial improvements shall be
constructed with materials and utility equipment resistant to flood damage.
3. Use methods to minimize flood damage. New construction or substantial improvements shall be
constructed by methods and practices that minimize flood damage.
4. Design to prevent water entering systems. Electrical, heating, ventilation, plumbing, air
conditioning equipment and other service facilities, including duct work, shall be designed and/or
located to prevent water from entering or accumulating within the components during conditions of
flooding.
5. Design to prevent water entering water supply systems. New and replacement water supply
systems shall be designed to minimize or eliminate infiltration of flood waters into the system.
6. Design to prevent water entering sanitary sewage systems. New and replacement sanitary
sewage systems shall be designed to minimize or eliminate infiltration of flood waters into the
systems and discharges from the systems into flood waters.
7. Design to prevent impairment or contamination of on-site waste disposal systems. On-site waste
disposal systems shall be located and constructed to avoid impairment to them or contamination
from them during flooding.
8. Historic structures. Any historic structure undergoing repair or rehabilitation that would constitute
a substantial improvement shall comply with any requirements of the flood hazard overlay district
that do not preclude the structure’s continued designation as a historic structure. The owner shall
provide documentation from the Secretary of the Interior or the State Historic Preservation Officer
that a specific requirement of the flood hazard overlay district will cause removal of the structure
from the National Register of Historic Places or the State Inventory of Historic places, as
applicable. Any relief from any requirement shall be the minimum necessary to preserve the
historic character and design of the structure.
B. Buildings in Zones A, A1-30, AE, and AH; elevation and construction standards. Any buildings in Zones
A, A1-30, AE, and AH, where base flood elevations have been provided in the Flood Insurance Study or
generated by a certified professional, shall satisfy the following:
1. Existing residential building. Any substantial improvement of any residential building, including
any manufactured home, shall have the lowest floor, including the basement, elevated to or
above the freeboard elevation.
2. Non-residential buildings. Any new construction or substantial improvement of any non-residential
building shall: (i) have the lowest floor, including basement, elevated to or above the freeboard
elevation; or (ii) in any Zone A1-30, AE, or AH, the building may be flood-proofed in lieu of being
elevated to or above the freeboard elevation, provided that all areas of the building components
below the freeboard elevation are water tight with walls substantially impermeable to the passage
of water, and use structural components having the capability of resisting hydrostatic and
hydrodynamic loads and the effect of buoyancy. A registered profession al engineer or architect
shall certify that the standards of this subsection are satisfied. The certification, including the
specific elevation, in relation to mean sea level, to which such structures are flood-proofed, shall be
maintained by the floodplain administration.
3. Drainage paths. Within Zone AH, adequate drainage paths around structures on slopes shall
be established and maintained to guide floodwaters around and away from all proposed
38
structures.
C. Buildings in Zone AO. Any buildings in Zone AO shall satisfy the following:
1. Existing residential building. Any substantial improvements of any residential building shall have
the lowest floor, including the basement, elevated to or above the flood depth specified on the
Flood Insurance Rate Map above the highest adjacent grade at least as high as the flood depth
number specified in feet on the Flood Insurance Rate Map. If no flood depth number is specified,
the lowest floor, including the basement, shall be elevated no less than two (2) feet above the
highest adjacent grade.
2. Non-residential buildings. All new construction and substantial improvements of non-residential
buildings shall satisfy either of the following: (i) the lowest floor, including the basement, shall
be elevated to or above the flood depth specified on the Flood Insurance Rate Map above the
highest adjacent grade at least as high as the depth number specified in feet on the Flood
Insurance Rate Map; if no flood depth number is specified, the lowest floor, including the
basement, shall be elevated at least two (2) feet above the highest adjacent grade; or (ii)
completely flood-proof the building, including any utility and sanitary facilities, to the freeboard
elevation so that any space below that level is watertight with walls substantially impermeable
to the passage of water and with structural components having the capability of resisting
hydrostatic and hydrodynamic loads and effects of buoyancy. A registered professional
engineer or architect shall certify that the standards of this subsection are satisfied.
3. Drainage paths. Adequate drainage paths around structures on slopes shall be established
and maintained to guide floodwaters around and away from all proposed structures.
D. Structures in Zones A, A1-30, AE, AH and AO; design, construction and use standards for space below
the freeboard elevation. Any fully enclosed area below the freeboard elevation (the “enclosed area”) in
any new construction or substantially improved structure in Zones A, A1 -30, AE, AH and AO, where base
flood elevations have been provided, shall satisfy the following:
1. Uses. The enclosed area shall be used only for parking vehicles, building access, or the limited
storage of maintenance equipment not otherwise prohibited by section 30.3.11 that is used in
connection with the premises.
2. Access. Access to the enclosed area shall be the minimum necessary to allow for parking
vehicles (garage door) or limited storage of maintenance equipment (standard exterior door), or
entry to other areas of the structure (stairway or elevator).
3. Construction materials. The enclosed area shall be constructed entirely of flood resistant
materials below the freeboard elevation.
4. Openings. The enclosed area shall include measures to automatically equalize hydrostatic
flood forces on walls by allowing floodwaters to enter and exit. To meet this requirement,
openings shall be provided that are either certified by a professional engineer or architect, or
meet the following minimum design criteria:
a. Minimum number. Provide a minimum of two (2) openings on different sides of each
enclosed area.
b. Minimum net area. The total net area of all openings shall be at least one (1) square
inch for each square foot of enclosed area subject to flooding.
c. Multiple enclosed areas. If a structure has more than one enclosed area, each area
must have openings to allow floodwaters to automatically enter and exit.
d. Bottom of opening. The bottom of all required openings shall be no higher than one (1)
foot above the adjacent grade.
e. Permitted equipment on openings. Openings may be equipped with screens, louvers,
or other opening coverings or devices, provided they permit the automatic flow of
39
floodwaters in both directions.
f. Flexible skirting, masonry and wood foundations; requirement for openings. Foundation
enclosures made of flexible skirting do not create enclosed areas and do not require
openings. Masonry or wood underpinning, regardless of structural status, is considered
an enclosure and requires openings.
E. Recreational vehicles. Any recreational vehicle in Zone A1-30, AE or AH where base flood elevations
have been provided shall either: (i) be stored on the lot for fewer than one hundred eighty (180)
consecutive days, be fully licensed and ready for highway use; or (ii) satisfy all requirements for new
construction in subsections (A) and (B). For the purposes of this subsection, a recreational vehicle is
ready for highway use if it is on its wheels or jacking system, is attached to the site only by quick
disconnect type utilities and security devices, and has no permanently attached additions.
F. Fences. Any fence crossing a stream channel that, as determined by the floodplain administrator, may
block the passage of floodwaters or may catch debris during a flood, shall be designed and constructed to
be a breakaway fence that will give way on one end under a specified amount of pressure in order to
swing parallel to the flow and minimize both resistance to floodwaters and catching debris.
(§ 30.03.02 (part), 12-10-80, 6-10-87)
State law reference – Va. Code §§ 15.2-2286, 36-98.
Federal law reference – 44 CFR §§ 60.3(a), (b), (c), (d).
Sec. 30.3.16 Nonconforming uses and structures.
Any pre-FIRM structure or any use which lawfully existed before December 16, 1980, but which is not in
conformity with the requirements of the flood hazard overlay district, may continue, subject to the following:
A. Expansion or enlargement of existing uses or structures. Existing uses or structures shall not be
expanded or enlarged.
B. Modification, alteration, repair, reconstruction or improvement of an existing use or structure; not a
substantial improvement. Existing uses or structures may be modified, altered, repaired, reconstructed or
improved (collectively, the “improvements”), but not enlarged or expanded, where the improvements are
not a substantial improvement, provided that the improvements: (i) are authorized by sections 6.2 and
6.3, as applicable; and (ii) comply with the Virginia Uniform Statewide Building Code.
C. Modification, alteration, repair, reconstruction or improvement of an existing use or structure; substantial
improvement. Existing uses or structures may be modified, altered, repaired, reconstructed or improved
(the “improvements”), where the improvements qualify as a substantial improvement, provided that: (i) the
entire use or structure complies with the requirements of the flood hazard overlay district and all other
applicable laws; and (ii) the entire structure complies with the Virginia Unif orm Statewide Building Code.
D. Repair or rehabilitation of historic structure; substantial improvement. Any historic structure undergoing
repair or rehabilitation that would constitute a substantial improvement shall comply with any
requirements of the flood hazard overlay district that do not preclude the structure’s continued designation
as a historic structure. The owner shall provide documentation from the Secretary of the Interior or the
State Historic Preservation Officer that a specific requirement of the flood hazard overlay district will
cause removal of the structure from the National Register of Historic Places or the State Inventory of
Historic places, as applicable. Any relief from any requirement shall be the minimum necessary to
preserve the historic character and design of the structure.
(§30.3.09, 12-10-80)
State law reference – Va. Code §§ 15.2-2286, 15.2-2307.
Federal law reference – 44 CFR § 60.1(d).
Sec. 30.3.17 Variances.
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The board of zoning appeals is authorized to consider and act on applications for variances, subject to the
following:
A. Eligibility. Variances may be issued in the following circumstances:
1. New construction or substantial improvements; nearby structures constructed below the base
flood elevation. For new construction and substantial improvements to be erected on a lot of one-
half acre or less in size contiguous to and surrounded by lots with existing structures constructed
below the base flood elevation, provided that the board of zoning appeals may, upon g ood cause
shown, consider a variance application pertaining to a lot larger than one-half acre.
2. New construction, substantial improvement, or development; required for water -dependent
facilities. For new construction, substantial improvements, or other development necessary for a
water-dependent facility, not otherwise authorized by a special use permit, provided that all
applicable requirements of the flood hazard overlay district not varied are satisfied and any
structure or other development is protected by methods that minimize flood damages during the
base flood and create no additional threats to public safety.
B. What may be varied. The following may be varied within the flood hazard overlay district: (i) any
requirement of this chapter that is eligible to be varied under section 34.2 and Virginia Code § 15.2-2309;
(ii) any minimum encroachment standard in sections 30.3.13 and 30.3.14; (iii) any minimum construction
standard in section 30.3.15; or (iv) any standard applicable to nonconforming use s and structures in
30.3.16. Neither any part of section 30.3.11 nor any administrative or procedural requirement of the flood
hazard overlay district may be varied.
C. Procedures. The procedures and requirements for applying for and acting on a variance application shall
be as provided in section 34.
D. Factors to be considered. In considering a variance application under this section, the board of zoning
appeals shall consider the following factors in addition to those in section 34.2:
1. Danger to life and property. The danger to life and property due to increased flood heights or
velocities caused by encroachments. No variance shall be granted for any proposed use,
development, or activity within any regulatory floodway that will cause any incre ase in the base
flood elevation.
2. Danger of materials being swept away. The danger that materials may be swept on to other lands
or downstream to the injury of others.
3. Water supply and sewage systems. The proposed water supply and sanitary sewage systems
and the ability of these systems to prevent disease, contamination, and unsanitary conditions.
4. Susceptibility to flood damage. The susceptibility of the proposed facility and its contents to flood
damage and the effect of such damage on the individual owners.
5. Importance of services. The importance of the services provided by the proposed facility to the
community.
6. Need for waterfront location. The requirements of the facility for a waterfront location.
7. Availability of alternative locations. The availability of alternative locations not subject to flooding
for the proposed use.
8. Compatibility. The compatibility of the proposed use with existing development and development
anticipated in the foreseeable future.
9. Comprehensive plan and flood management program. The relationship of the proposed use to
the comprehensive plan and floodplain management program for the area.
10. Vehicular access. The safety of access by emergency and non-emergency vehicles to the site in
time of flood.
41
11. Flood waters. The expected heights, velocity, duration, rate of rise, and sediment transport of the
flood waters expected at the site.
12. Historic nature of structure. The historic nature of a structure and whether the proposed repair or
rehabilitation will preclude the structure’s continued designation as a historic structure.
E. Referral to obtain technical assistance. The board of zoning appeals may refer any application and
accompanying documentation pertaining to any request for a variance to the floodplain administrator for
technical assistance in evaluating the proposed project in relation to flood heights and velocities, and the
adequacy of the plans for flood protection and other related matters.
F. Findings. A variance may be issued if the board of zoning appeals finds:
1. Cause. The owner has demonstrated good and sufficient cause consistent with the requirements
of this section.
2. Undue hardship. The failure to issue the variance would result in undue hardship.
3. Impacts. The issuance of the variance will not: (i) result in unacceptable or prohibited increases in
flood heights; (ii) result in additional threats to public safety; (iii) result in extraordinary public
expense; (iv) create a public or private nuisance; (v) cause fraud or victimization of the public;
and (vi) conflict with county regulations.
4. Variance is minimum required. The variance to be issued will be the minimum required to provide
relief.
5. Additional finding for historic structures. In addition to findings (1) through (4) above, the
proposed repair or rehabilitation of the historic structure will not preclude the structure’s continued
designation as a historic structure and the variance is the minimum necessary to preserve the
historic character and design of the structure.
G. Structure below base flood elevation; notice to owner of effect of issuing a variance . The board of zoning
appeals shall notify the applicant in writing that the issuance of a variance to construct a structure below
the base flood elevation increases the risks to life and property and will result in increased premium rates
for flood insurance. Providing this information on a variance application form shall satisfy the notice
requirements of this subsection.
H. Recordkeeping. A record shall be maintained of the above notification, as well as all variance actions,
including justification for the issuance of the variances. Any variances that are issued shall be noted in the
annual or biennial report submitted to the Federal Insurance Administr ator.
I. Use variances. No variance may be issued to authorize a use in the flood hazard overlay district not
otherwise expressly authorized.
(§30.3.10, 12-10-80)
State law reference – Va. Code § 15.2-2309.
Federal law reference – 44 CFR § 60.6.
Article IV. Procedure
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 (section 30.3,
42
flood hazard overlay district, applies to any portion of the site, United States Geological Survey vertical
datum shall be shown and/or correlated to plan topography and show existing and proposed ground
elevations); 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.
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 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. Floodplain and related information. The boundaries of the flood hazard overlay district, the base flood
elevation on the site, the elevation of the lowest floor, including any basement, and for any structures to
be flood-proofed as required by section 30.3, the elevation to which the structures will be flood -proofed.
i. Streets, easements and travelways. The existing and proposed streets, including proposed b ike 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 space; 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.
43
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
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.
(§ 32.5.2, Ord. 12-18(6), 10-3-12, effective 1-1-13; Ord. 13-18(7), 12-4-13, effective 1-1-14 (§ 32.5.6, 5-1-87, 2-6-
02 (§ 32.4.5, 12-10-80))
State law reference – Va. Code §§ 15.2-2241(1), 15.2-2258, 15.2-2286(A)(8).
Federal law reference – 44 CFR § 60.3(b)(3).
Sec. 32.5.7 Flood hazard overlay district.
If the proposed development is located wholly or partially within the flood hazard overlay district, the site review
committee shall review the initial site plan to determine that the site will be reasonably safe from flooding and, if
the development is in a flood-prone area: (i) that it is designed to minimize flood damage within a flood-prone
area; (ii) all public utilities and facilities, such as sewer, gas, electrical, and water systems will be located and
constructed to minimize or eliminate flood damage; and (iii) adequate drainage will be provided to reduce
exposure to flood hazards.
State law reference – Va. Code § 15.2-2241(3), 15.2-2280.
Federal law reference – 44 CFR § 60.3(a)(4).
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:
. . .
g. Matters considered by the zoning administrator or other officials:
1. Official determinations regarding compliance: $185.00
2. All other official determinations, including development rights: $100.00
3. Zoning clearance for tourist lodging: $100.00
4. Zoning clearance for a home occupation, class A, a major home occupation, or a minor home
occupation: $25.00
5. Zoning clearance for temporary fundraising activity: No fee
6. All other zoning clearances: $50.00
7. Sign permits under section 4.15.4; no ARB review required: $25.00
8. Sign permits under section 4.15.4; ARB review required: $120.00
9. Letter of Map Change review: $150.00 (topographic plan only); $300.00 (topographic plan with
floodplain model)
10. Floodplain Impact Plan review: $300.00
. . .
44
(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; Ord. 13-18(7), 12-4-13, effective 1-1-14)
State law reference – Va. Code §§ 15.2-2286(A)(6), 15.2-2241(9), 15.2-2243.1.
Article V. Violation and Penalty
Sec. 36.1 Violations.
The following are violations of this chapter and are declared to be unlawful:
a. Uses. Any use of a structure, improvement or land, established, conducted, operated or maintained in
violation of any provision of this chapter, any approved application plan, site plan, code of development,
zoning clearance, or condition accepted or imposed in conjunction with any county approval under this
chapter, or without any required permit, certificate or other required approval under this chapter.
b. Structures or improvements. Any structure or improvement and, within the flood hazard overlay district,
any development as that term is defined in section 30.3.5, that is established, conducted, operated or
maintained in violation of any provision of this chapter, any approved application plan, site plan, code of
development, zoning permit, zoning clearance, or condition accepted or imposed in conjunction with any
county approval under this chapter, or without any required permit, certificate or other required approval
under this chapter.
c. Structures without building permits. Any structure for which a building permit application is required that
is started, established, constructed, reconstructed, enlarged or altered without a building permit.
d. Use of structure or site without certificate of occupancy . Any use of a structure or site for which a
certificate of occupancy is required that is conducted, operated or maintained without a certificate of
occupancy.
(§ 36.1, 12-10-80, 12-20-80; Subsection c: § 31.2.1, 12-10-80; Ord. 01-18(6), 10-3-01; subsection d: § 31.2.3.1,
12-10-80, 6-2-82, 9-9-92; Ord. 01-18(6), 10-3-01; Ord. 09-18(3), 7-1-09)
State law reference – Va. Code § 15.2-2286.
45
ATTACHMENT 7
ORDINANCE NO. 14-14(1)
AN ORDINANCE TO AMEND CHAPTER 14, SUBDIVISION OF LAND, ARTICLE III, SUBDIVISION PLAT
REQUIREMENTS AND DOCUMENTS TO BE SUBMITTED, 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 III, Subdivision Plat Requirements and Documents to be Submitted, is hereby amended and
reordained as follows:
By Amending:
Sec. 14-302 Contents of preliminary plat
By Amending and Renaming:
Sec. 14-308 Flood plain Floodplain and topographic information; information to demonstrate that damage from
flooding will be minimized.
Chapter 14. Subdivision of Land
Article III. Subdivision Plat Requirements and Documents to be Submitted
Sec. 14-302 Contents of preliminary plat.
A preliminary plat shall contain the following information:
A. A preliminary plat shall contain the following inform ation, which must be included in order for a preliminary
plat to be deemed complete under section 14-216(B):
1. Name of subdivision. The title under which the subdivision is proposed to be recorded. The title
shall not duplicate or be a homonym of an existing or reserved subdivision name within the
county, the City of Charlottesville, or the Town of Scottsville, except if the subdivision is an
extension of an existing subdivision.
2. Vicinity map. A map at a scale of one (1) inch equal to two thousand (2,000) feet showing the
property and its relationship with adjoining land and streets, its relationship with landmarks in the
area and, if the subdivision is a phased subdivision, all other phases of the subdivision for which
a final plat has been approved, in detail adequate to describe the location of the property without
field review.
3. Existing or platted streets. The location, width and names of all existing or platted streets and all
other rights-of-way.
4. Private 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
“dedicated to public use.”
6. Alleys and shared driveways. The location and dimensions of all easements for alleys and shared
driveways.
7. Existing and departing lot lines. If the property consists of more than one existing lot, then the
identification of the existing lots and their outlines, which shall be indicated by dashed lines; and,
the location of departing lot lines of abutting lots.
8. Proposed lots. The number, approximate dimensions, and area of each proposed lot.
46
9. Building sites on proposed lots. The location, area and dimensions of a building site on each
proposed lot complying with the requirements of section 4.2 of the zoning ordinance. The plat
shall also contain the following note: “Parcel [letter or number] and the residue of Tax Map/Parcel
[numbers] each 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 10.3.1 of the zoning
ordinance, if applicable. The plat shall also contain the following note: “Parcel [letter or number] is
assigned [number] development rights and may/may not be further divided and when further
divided these rights shall not comprise more than [number] acres. The residue of Tax Map/Parcel
[numbers] is retaining [number] development rights and when further divided it shall not consist of
more than [number] acres.” 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.
B. A preliminary plat shall also contain the following information, provided that the preliminary plat shall not
be deemed incomplete for purposes of section 14-216(B) if it does not include this information in the initial
plat submittal:
1. General information. The date of drawing, including the date of the last revision, the number of
sheets, the north point, and the scale. If true north is used, the method of determination shall be
shown.
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.
47
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. Floodplain and related information. If section 30.3, flood hazard overlay district, applies to any
portion of the site, United States Geological Survey vertical datum shall be shown and/or
correlated to plat topography and show existing and proposed ground elevations. The boundaries
of the flood hazard overlay district, the base flood elevation on the site, the elevation of the lowest
floor, including any basement, and for any structures to be flood-proofed as required by section
30.3, the elevation to which the structures will be flood-proofed.
10. Stream buffers. The location of stream buffers required by section 17-317 of the water protection
ordinance, with the following note: “The stream buffer(s) shown 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.
Federal law reference – 44 CFR § 60.3(b)(3).
Sec. 14-308 Floodplain and topographic information; information to demonstrate that damage from
flooding will be minimized.
The subdivider shall submit with each final plat floodplain and topographic information in a form acceptable to the
county engineer which demonstrates:
A. Flood limits. For each natural stream with an upstream drainage area of fifty (50) acres or more, the flood
limits for a one hundred (100) year storm; provided that the county engineer may waive this requirement
for drainage areas of less than one hundred (100) acres upon his determination that the information is
unnecessary for review of the proposed final plat.
B. Natural drainage not impeded. The property contains sufficient land upon which to place structures
without impeding natural drainage.
C. The floodplain limits, elevations, and floodplain profiles and cross-sections, if floodplain profiles and
cross-sections are determined by the county engineer to be necessary.
D. Design to minimize flood damage. The subdivision will be reasonably safe from flooding and, if the
subdivision is in a flood-prone area: (i) that it is designed to minimize flood damage within a flood-prone
area; (ii) all public utilities and facilities, such as sewer, gas, electrical, and water systems will be located
and constructed to minimize or eliminate flood damage; and (iii) adequate drainage will be provided to
reduce exposure to flood hazards.
(9-5-96, 12-15-82, 8-28-74 (§ 3); 1988 Code, § 18-21; 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, 15.2-2280.
Federal law reference – 44 CFR § 60.3(a)(4).
48
ATTACHMENT 8
ORDINANCE NO. 14-18(2)
AN ORDINANCE TO AMEND CHAPTER 18, ZONING, ARTICLE I, GENERAL PROVISIONS, ARTICLE II,
BASIC REGULATIONS, ARTICLE III, DISTRICT REGULATIONS, 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, General Regulations, Article II, Basic Regulations, Article III, District Regulations, and Article IV,
Procedure, are hereby amended and reordained as follows:
By Amending:
Sec. 3.1 Definitions
Sec. 4.2.1 Building site required
Sec. 4.2.3 Location of structures and improvements
Sec. 4.2.6 Exemptions
Sec. 4.7 Open space
Sec. 32.4.1.3 Contents of preapplication plan
Sec. 32.5.2 Contents of an initial site plan
Sec. 32.7.5.2 Location of utilities above and below ground
Sec. 33.4 Uniform procedures for owner-initiated zoning map amendments and special use permits
Sec. 35.1 Fees
By Adding:
Sec. 30.7.1 Purpose and intent
Sec. 30.7.2 Applicability
Sec. 30.7.3 Characteristics of steep slopes
Sec. 30.7.4 Permitted uses
Sec. 30.7.5 Design standards
Sec. 30.7.6 Amendment of district boundaries
Article I. General Provisions
Sec. 3.1 Definitions.
. . .
Slopes, critical: Slopes, other than managed or preserved slopes, of twenty-five (25) percent or greater as
determined by reference to either current topographic mapping available from the county or a more accurate field
survey certified by a professional surveyor or engineer. Slopes of twenty-five (25) percent or greater which are
lawfully created within a development that was approved by the county shall not be considered critical slopes.
(Added 7-11-12)
Slopes, managed: Slopes of twenty-five (25) percent or greater depicted as a managed slope on the map entitled
“Steep Slopes Overlay District,” adopted by the board of supervisors on March 5, 2014.
Slopes, preserved: Slopes of twenty-five (25) percent or greater depicted as a preserved slope on the map
entitled “Steep Slopes Overlay District,” adopted by the board of supervisors on March 5, 20 14.
Slopes, steep. Steep slopes are referred to as critical slopes on lands outside of the steep slopes overlay district
and are referred to as either managed or preserved slopes within the steep slopes overlay district.
. . .
(§ 20-3.1, 12-10-80, 7-1-81, 12-16-81, 2-10-82, 6-2-82, 1-1-83, 7-6-83, 11-7-84, 7-17-85, 3-5-86, 1-1-87, 6-10-87,
12-2-87, 7-20-88, 12-7-88, 11-1-89, 6-10-92, 7-8-92, 9-15-93, 8-10-94, 10-11-95, 11-15-95, 10-9-96, 12-10-97; §
18-3.1, Ord. 98-A(1), 8-5-98; Ord. 01-18(6), 10-3-01; Ord. 01-18(9), 10-17-01; Ord. 02-18(2), 2-6-02; Ord. 02-
18(5), 7-3-02; Ord. 02-18(7), 10-9-02; Ord. 03-18(1), 2-5-03; Ord. 03-18(2), 3-19-03; Ord. 04-18(2), 10-13-04; 05-
18(2), 2-2-05; Ord. 05-18(7), 6-8-05; Ord. 05-18(8), 7-13-05; Ord. 06-18(2), 12-13-06; Ord. 07-18(1), 7-11-07;
Ord. 07-18(2), 10-3-07; Ord. 08-18(3), 6-11-08; Ord. 08-18(4), 6-11-08; Ord. 08-18(6), 11-12-08; Ord. 08-18(7),
11-12-08; Ord. 09-18(3), 7-1-09; Ord. 09-18(5), 7-1-09; 09-18(8), 8-5-09; Ord. 09-18(9), 10-14-09; Ord. 09-18(10),
49
12-2-09; Ord. 09-18(11), 12-10-09; Ord. 10-18(3), 5-5-10; Ord. 10-18(4), 5-5-10; Ord. 10-18(5), 5-12-10; Ord. 11-
18(1), 1-12-11; Ord. 11-18(5), 6-1-11; Ord. 11-18(6), 6-1-11; Ord. 12-18(3), 6-6-12; Ord. 12-18(4), 7-11-12; Ord.
12-18(6), 10-3-12, effective 1-1-13; Ord. 12-18(7), 12-5-12, effective 4-1-13; Ord. 13-18(1), 4-3-13; Ord. 13-18(2),
4-3-13; Ord. 13-18(3), 5-8-13)
State law reference – Va. Code § 15.2-2286(A)(4).
Article II. Basic Regulations
Sec. 4.2.1 Building site required.
No lot other than a special lot shall have less than one (1) building site, subject to the following:
a. Composition of building site. A building site shall be composed of a contiguous area of land and may not
contain any area of land that is: (i) in critical or preserved s lopes; (ii) within the flood hazard overlay
district; (iii) under water during normal hydrological conditions; (iv) within two hundred (200) horizontal
feet of the one hundred year flood plain of any public water supply reservoir; and (v) within a stream
buffer under chapter 17 of the Code, provided that nothing contained herein shall be deemed to prohibit
or impair the program authority from exercising its discretion as authorized in chapter 17.
b. Special exception. Notwithstanding section 4.2.5, any r equirement of section 4.2.1(a) may be waived or
modified by special exception under section 33.5 upon the board of supervisors’ consideration of whether
(i) the parcel has an unusual size, topography, shape, location or other unusual physical condition; or (ii)
development in a stream buffer on the parcel was authorized as provided in section 17 -321 of the Code.
(§20-4.2.1, 12-10-80; 11-11-87; 9-9-92; § 18-4.2.1, Ord. 98-A(1), 8-5-98; Ord. 11-18(6), 6-1-11; Ord. 12-18(4), 7-
11-12)
State law reference – Va. Code §§ 15.2-2280, 15.2-2286(A)(3).
Sec. 4.2.3 Location of structures and improvements.
Except as otherwise provided in section 4.2.2, this section applies to the location of any structure for which a
permit is required under the Uniform Statewide Bu ilding Code and to any improvement shown on a site plan
pursuant to section 32 of this chapter.
a. No structure or improvement shall be located on any lot or parcel in any area other than a building site.
b. No structure, improvement, or land disturbing activity to establish the structure or improvement shall be
located on critical slopes or preserved slopes except as otherwise permitted under sections 4.2.5, 4.2.6,
4.3.1 and 30.7.4.
(§ 20-4.2.3, 12-10-80, 11-15-89; § 18-4.2.3, Ord. 98-A(1), 8-5-98; Ord. 01-18(7), 10-17-01; § 20-4.2.3.1, 12-10-
80, 11-15-89, § 18-4.2.3.1, Ord. 98-A(1), 8-5-98; § 4.2.3.2, 12-10-80, § 18-4.2.3.2, Ord. 98-A(1), 8-5-98; § 18-
4.2.3, Ord. 12-18(4), 7-11-12)
State law reference – Va. Code § 15.2-2280.
Sec. 4.2.6 Exemptions.
A lot, structure, or improvement may be exempt from the requirements of section 4.2 as provided herein: (Added
10-17-01)
a. Any structure which was lawfully in existence prior to the effective date of this chapter and which is
nonconforming solely on the basis of the requirements of section 4.2, may be expanded, enlarged,
extended, modified and/or reconstructed as though such structure were a conforming structure. For the
purposes of this section, the term “lawfully in existence” shall also apply to an y structure for which a site
development plan was approved or a building permit was issued prior to the effective date of this chapter,
provided such plan or permit has not expired. (Amended 10-17-01)
b. Any lot or parcel of record which was lawfully a lot of record on the effective date of this chapter shall be
exempt from the requirements of section 4.2 for the establishment of the first single-family detached
50
dwelling unit on such lot or parcel; provided that section 4.2.3(b) shall apply to such lot or parcel if it
contains adequate land area that is not in critical slopes for the location of such structure. For the
purposes of this section a manufactured home shall be deemed a single-family detached dwelling unit.
(Amended 10-17-01)
c. Accessways, public utility lines and appurtenances, stormwater management facilities, and any other
public facilities necessary to allow the use of the parcel shall not be required to be located within a
building site and shall not be subject to the requirements of this section 4.2.2, provided that the applicant
demonstrates that no reasonable alternative location or alignment exists. The county engineer shall
require that protective and restorative measures be installed and maintained as deemed necessary to
insure that the development will be consistent with the intent of section 4.2 of this chapter. (Added 10 -17-
01)
(§ 20-4.2.6, 12-10-80; § 18-4.2.6, Ord. 98-A(1), 8-5-98; Ord. 01-18(7), 10-17-01)
State law reference – Va. Code §§ 15.2-2280, 15.2-2286.
Sec. 4.7 Open space.
Open space shall be established, used, designed and maintained as follows:
a. Intent. Open space is intended to provide active and passive recreation, protect areas sensitive to
development, buffer dissimilar uses from one another and preserve agr icultural activities. The
commission and the board of supervisors shall consider the establishment, use, design and maintenance
of open space in their review and approval of zoning map amendments. The subdivision agent and the
site plan agent (hereinafter, collectively referred to as the “agent”) shall apply the following principles
when reviewing open space provided on a subdivision plat or site plan.
b. Uses permitted. Open space shall be maintained in a natural state and shall not be developed with a ny
improvements, provided that the agent may authorize the open space to be used and improved for the
following purposes: (i) agriculture, forestry and fisheries, including appropriate structures; (ii) game
preserves, wildlife sanctuaries and similar uses; (iii) noncommercial recreational uses and structures; (iv)
public utilities; (v) individual wells; (vi) in a cluster development, onsite sewage systems if the Department
of Health determines that there are no suitable locations for a subsurface drainfield on a development lot;
and (vii) stormwater management facilities and flood control devices.
c. Design. Open space shall be designed as follows:
1. Lands that may be required. The agent may require that open space include: (i) areas deemed
inappropriate for or prohibited to development including, but not limited to, land in the one -
hundred year flood plain and significant drainage swales, land in slopes of twenty -five (25)
percent or greater, public utility easements for transmission lines, stormwat er management
facilities and flood control devices, and lands having permanent or seasonally high water tables;
(ii) areas to satisfy section 4.16, and (iii) areas to provide reasonable buffering between dissimilar
uses within the development and between the development and adjoining properties.
2. Redesign during review. The agent may require the redesign of a proposed development to
accommodate open space areas as may be required under this section 4.7, provided that the
redesign shall not reduce the number of dwelling units permitted under the applicable zoning
district.
3. Limitation on certain elements. If open space is required by this chapter, not more than eighty
(80) percent of the minimum required open space shall consist of the following: (i) land located
within the one-hundred year flood plain; (ii) land subject to occasional, common or frequent
flooding as defined in Table 16 Soil and Water Features of the United States Department of
Agriculture Soil Conservation Service, Soil Survey of Albemarle County, Virginia, August, 1985;
(iii) critical or preserved slopes; and (iv) land devoted to stormwater management facilities or
flood control devices, except where the facility or feature is incorporated into a permanent pond,
lake or other water feature deemed by the agent to constitute a desirable open space amenity.
51
d. Ownership of open space. Open space may be privately owned or dedicated to public use. Open space in
private ownership shall be subject to a legal instrument ensuring the maintenance and preservation of the
open space that is approved by the agent and the county attorney in conjunction with the approval of the
subdivision plat or site plan. Open space dedicated to public use shall be dedicated to the county in the
manner provided by law. Open space dedicated to public use shall count toward the minimum required
open space.
(§ 20-4.7, 12-10-80, § 4.7, 4.7.1, 4.7.2, 4.7.3, 4.7.4; 6-3-81, 11-15-89; § 18-4.7, Ord. 98-A(1), 8-5-98; Ord. 09-
18(1), 1-14-09, § 20-4.1.7, 6-3-81, § 18-4.1.7, Ord. 98-A(1), 8-5-98; § 18-4.7, Ord. 12-18(4), 7-11-12)
State law reference – Va. Code §§ 15.2-2280, 15.2-2286.
Article III. District Regulations
Sec. 30.7 Steep Slopes Overlay District.
Sec. 30.7.1 Purpose and intent.
The purpose of this section 30.7 is to establish an overlay district on those lands within the development areas of
the county as delineated in the comprehensive plan which have steep slopes and for which additional
development design care and consideration must be given, prior to permitted development occurring.
The board of supervisors finds that whenever steep slopes within the overlay district are disturbed, their
disturbance should be subject to appropriate consideration and care in their design and construction in order to
protect the integrity of the steep slope areas, protect downstream lands and waterways from the adverse effects
of the unregulated disturbance of steep slopes, including the rapid or large-scale movement of soil and rock, or
both, excessive stormwater runoff, the degradation of surface water, and to enhance and preserve the character
and beauty of the steep slopes in the development areas of the county.
The board also finds that certain steep slopes, because of their characteristics, should be preserved to the
maximum extent practical, and that other steep slopes, whose preservation is not required, should be managed.
Preserved slopes are those slopes that have characteristics that warrant their preservation by the prohibition of
disturbance except in the limited conditions provided in this overlay district. Managed slopes are those slopes
where development may occur, provided that design standards are satisfied to mitigate the impacts caused by the
disturbance of the slopes.
State law reference – Va. Code §§ 15.2-2280(1), (2), 15.2-2286(A)(4).
Sec. 30.7.2 Applicability.
Section 30.7 shall apply to all privately and publicly owned lands within the county that are within the boundaries
of the steep slopes overlay district and depicted as being managed or preserved slopes on the series of maps
entitled “Steep Slopes Overlay District,” which are hereby adopted as the zoning map of the steep slopes overlay
district. Within this overlay district, the regulations in this chapter pertaining to critical slopes sh all not apply.
State law reference – Va. Code §§ 15.2-2280(1), (2), 15.2-2286(A)(4).
Sec. 30.7.3 Characteristics of steep slopes.
The characteristics of the steep slopes within the overlay district are as follows:
a. Managed slopes. The characteristics of managed slopes are the following: (i) the contiguous area of
steep slopes is limited or fragmented; (ii) the slopes are not associated with or abutting a water feature,
including, but not limited to, a river, stream, reservoir or pond; (iii) the slopes are not natural but, instead,
are manufactured; (iv) the slopes were significantly disturbed prior to June 1, 2012; (v) the slopes are
located within previously approved single-family residential lots; or (vi) the slopes are shown to be
disturbed, or allowed to be disturbed, by a prior county action.
b. Preserved slopes. The characteristics of preserved slopes are the following: (i) the slopes are a
contiguous area of ten thousand (10,000) square feet or more or a close grouping of slopes, any or all of
which may be less than ten thousand (10,000) square feet but whose aggregate area is ten thousand
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(10,000) square feet or more; (ii) the slopes are part of a system of slopes associated with or abutting a
water feature including, but not limited to, a river, stream, reservoir or pond; (iii) the slopes are part of a
hillside system; (iv) the slopes are identified as a resource designated for preservation in the
comprehensive plan; (v) the slopes are identified as a resource in the comprehensive plan; (vi) t he slopes
are of significant value to the entrance corridor overlay district; or (vii) the slopes have been preserved by
a prior county action, including, but not limited to, the placement of an easement on the slopes or the
acceptance of a proffer or the imposition of a condition, restricting land disturbing activity on the slopes.
State law reference – Va. Code §§ 15.2-2280(1), (2), 15.2-2286(A)(4).
Sec. 30.7.4 Permitted uses.
The following uses and structures are permitted by right or by special use permit on managed or preserved
slopes, provided that the land disturbing activity to establish the use or structure complies with design standards
in section 30.7.5 and all other applicable requirements of the Code:
a. Managed slopes. The uses permitted by right and by special use permit on managed slopes are as
follows, subject to the applicable requirements of this chapter:
1. By right. The uses permitted by right in the underlying district shall be permitted by right on
managed slopes.
2. By special use permit. The uses permitted by special use permit in the underlying district shall be
permitted by special use permit on managed slopes.
b. Preserved slopes. The uses permitted by right and by special use permit on preserved slopes are as
follows, subject to the applicable requirements of this chapter:
1. By right. The uses permitted by right on preserved slopes are the following:
a. Existing single-family dwelling unit. Any single-family detached or single-family attached
dwelling unit which was lawfully in existence prior to March 5, 2014 may be expanded,
enlarged, extended, modified or reconstructed. For the purposes of this subsection, the
term “lawfully in existence” includes, but is not limited to, any single-family detached or
single-family attached dwelling unit for which a building permit was issued prior to March
5, 2014; provided that the building permit has not expired.
b. Existing lot of record; first single-family detached dwelling unit. Any lot which was a lawful
lot of record on March 5, 2014 may establish the first single-family detached dwelling unit
on the lot; provided the lot does not contain adequate land area outside of the preserved
slopes to locate the dwelling unit. For the purposes of this subsection, the term “lawful lo t
of record” includes any lot shown on a subdivision plat approved prior to March 5, 2014;
provided that the plat is still valid.
c. Necessary public facilities. Public facilities necessary to allow the use of the lot, provided
that the lot does not contain adequate land area outside of the preserved slopes to locate
the public facilities and one or more of the following exist: (i) the land disturbing activity
avoids impacts on other protected resources such as stream buffers or floodplain; (ii) the
alignment of the public facilities is consistent with the alignment of public facilities
depicted or described in the comprehensive plan; (iii) the disturbance is necessary to
provide interconnection required by the Code or the applicable regulations of other public
entities; or (iv) prohibiting the facilities from being located on preserved slopes will cause
an unnecessary hardship. To the extent that public facilities are established on preserved
slopes, the preserved slopes should be preserved to the maximum extent practicable
consistent with the intent and purpose of this overlay district,
d. Trails. Public or private pedestrian and bicycle trails.
e. Accessory uses and structures. Any uses or structures accessory to a dwelling unit
authorized by subsection (b)(1)(a) and (b)(1)(b).
53
f. Distribution facilities. Water, sewer, energy, and communications distribution facilities. To
the extent that distribution facilities are established on preserved slopes, the preserved
slopes should be preserved to the m aximum extent practicable consistent with the intent
and purpose of this overlay district,
g. Legislative zoning actions related to the underlying district. Any use or structure approved
by the board of supervisors in a zoning map amendment whose location is expressly
authorized in an approved application plan, code of development, or an accepted proffer,
in a special use permit authorized in the underlying district regulations, or in a special
exception authorizing a waiver or modification of the requirements of section 4.2.3;
provided that the legislative action is still valid and that the use or structure complies with
all requirements and conditions approved or imposed in conjunction with the legislative
zoning action.
h. Slopes less than 25% based on new topographic information. Any use or structure
allowed by right or by special use permit in the underlying district, provided that the owner
submits new topographic information that is based on more accurate or better technical
data demonstrating, to the satisfaction of the county engineer, that the slopes are less
than twenty-five (25) percent.
2. By special use permit. The only use permitted by special use permit on preserved slopes are
private facilities such as accessways, utility lines and appurtenances, and stormwater
management facilities, not otherwise permitted by right under subsection (b)(1)(e), where the lot
does not contain adequate land area outside of the preserved slopes to locate the private
facilities.
State law reference – Va. Code §§ 15.2-2280(1), (2), 15.2-2286(A)(4).
Sec. 30.7.5 Design standards.
The following design standards apply to land disturbing activity to establish a use permitted by right or by special
use permit in the steep slopes overlay district.
a. Retaining walls. Retaining walls shall meet or exceed the following minimum standards:
1. Wall height. The maximum height for a single retaining wall, measured from grade to grade, shall
be six (6) feet, except as provided in subsection (a)(3). When the overall retained height would
exceed six (6) feet, the retaining wall shall be broken into multiple stepped walls.
2. Multiple stepped walls; separation. A minimum horizontal distance of three (3) feet shall be
maintained between each individual wall in a stepped wall system, and shall be landscaped with
screening shrubs planted on ten (10) foot centers.
3. Incorporation of wall into design of a building. Retaining walls may be incorporated into the design
of a building so that they become part of the building. Retaining walls incorporated into the design
of a building shall not be subject to height limitations of subsection (a)(1).
b. Cuts and fills. Any cut or fill shall meet or exceed the following minimum standards:
1. Rounding off. Any cut or fill shall be rounded off to eliminate sharp angles at the top, bottom and
side of regraded slopes.
2. Location of toe of the fill slope. The toe of any fill slope shall not be located within ten (10) feet
horizontally of the top of an existing or proposed cut slope.
3. Tops and bottoms. Tops and bottoms of cut and fill slopes shall be located either: (i) a distance
from existing and proposed property lines at least equal to the lesser of three (3) feet plus one -
fifth (1/5) of the height of the cut or fill, or ten (10) feet; (ii) any lesser distance than provided in
subsection (b)(3)(i) the zoning administrator determines would not adversely impact the abutting
parcel based on information provided by the owner of the abutting parcel; or (iii) on the abutting
parcel if the owner obtains an easement authorizing the slope on the abutting owner’s parcel.
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4. Steepness. Cut and fill slopes shall not be steeper than a 2:1 (fifty (50) percent) slope. If the slope
is to be mowed, the slope shall be no steeper than a 3:1 (thirty-three (33) percent) slope.
c. Reverse slope benches or a surface water diversion. Reverse slope benches or a surface water diversion
shall meet or exceed the following minimum standards:
1. When required. Reverse slope benches or a surface water diversion shall be provided whenever:
(i) the vertical interval (height) of any 2:1 (fifty (50) percent)) slope exceeds twenty (20) feet; (ii)
the vertical interval (height) of any 3:1 (thirty-three (33) percent)) slope exceeds thirty (30) feet; or
(iii) the vertical interval (height) of any 4:1 (twenty-five (25) percent)) slope exceeds forty (40) feet.
2. Width and location of benches. Reverse slope benches shall be at least six (6) feet wide and
located to divide the slope face as equally as possib le and shall convey the water to a stable
outlet. Benches shall be designed with a reverse slope of 6:1 (approximately seventeen (17)
percent)) or flatter to the toe of the upper slope and have a minimum of one (1) foot. The bench
gradient to the outlet shall be between two (2) percent) and three (3) percent), unless
accompanied by appropriate design and computations.
3. Flow length within a bench. The flow length within a reverse slope bench shall not exceed eight
hundred (800) feet unless accompanied by appropriate design and computations demonstrating
that the flow length is designed to be adequate to ensure the stability of the slope and prevent or
minimize erosion.
d. Surface water diversions. Surface water shall be diverted from the face of all cut and/or fill slopes by the
use of diversions, ditches and swales or conveyed downslope by using a designed structure. The face of
the slope shall not be subject to any concentrated flows of surface water such as from natural drainage
ways, graded swales, downspouts, or similar conveyances.
State law reference – Va. Code §§ 15.2-2280(1), (2), 15.2-2286(A)(4).
Sec. 30.7.6 Amendment of district boundaries.
The boundaries of the steep slopes overlay district, including any lands depicted as managed or prese rved slopes
on the steep slopes overlay district map, or a slope’s designation as preserved or managed, may be amended by
the board of supervisors under section 33. In order to remove any lands from the district, the applicant shall
submit, in addition to any information required by section 33, field run topography prepared by a licensed
engineer, surveyor or landscape architect demonstrating that the lands to be removed from the district do not
contain slopes of twenty-five (25) percent or greater.
State law reference – Va. Code §§ 15.2-2280(1), (2), 15.2-2285, 15.2-2286(A)(4).
Article IV. Procedure
Sec. 32.4.1.3 Contents of preapplication plan.
Each preapplication plan shall contain the following information:
. . .
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 steep slopes.
. . .
(§ 32.4.1.3, Ord. 12-18(6), 10-3-12, effective 1-1-13; Ord. 13-18(7), 12-4-13, effective 1-1-14 (§ 32.4.1.1, 5-1-87;
§ 32.3.1, 12-10-80))
State law reference – Va. Code §§ 15.2-2241(9), 15.2-2255, 15.2-2258, 15.2-2286(A)(8).
55
Sec. 32.5.2 Contents of an initial site plan.
Each initial site plan shall contain the following information:
. . .
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 th e 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 steep slopes.
. . .
(§ 32.5.2, Ord. 12-18(6), 10-3-12, effective 1-1-13; Ord. 13-18(7), 12-4-13, effective 1-1-14 (§ 32.5.6, 5-1-87, 2-6-
02 (§ 32.4.5, 12-10-80))
State law reference – Va. Code §§ 15.2-2241(1), 15.2-2258, 15.2-2286(A)(8).
Sec. 32.7.5.2 Location of utilities above and below ground.
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 site as follows:
a. Conforming to natural topography. Each utility shall be located, to the extent practicable, in a manner that
conforms to the natural topography, minimizes the disturbance of steep slopes and natural drainage
areas, and allows vehicular and pedestrian interconnections within the site and existing or future
development on adjoining lands.
b. Undergrounding. 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
aboveground; (iii) meters, service connections, and similar equipment normally attached to the outside
wall of a utility customer’s premises; and (iv) satellite dishes.
c. Within public street right-of-way. If it is necessary to locate a new or existing public utility within the right-
of-way of a public street, the developer shall first obtain a permit from the Virginia Department of
Transportation.
d. Allowing street trees and landscaping. Installation of utilities in or adjacent to the right-of-way shall not
preclude the installation of street trees or required landscaping.
(§ 32.7.5.2, Ord. 12-18(6), 10-3-12, effective 1-1-13)
State law reference – Va. Code § 15.2-2241(4).
Sec. 33.4 Uniform procedures for owner-initiated zoning map amendments and special use permits.
Each application for an owner-initiated zoning map amendment or special use permit, except for those delegated
by this chapter to the board of zoning appeals under section 4.15.5, shall be subject to the following:
. . .
c. Elements of the supplemental information. The supplemental information is the following:
. . .
8. Application plan for zoning map amendments for planned development districts . For an
application to establish a planned development district or to amend an approved application plan
for an existing planned development district, an application plan showing, as applicable: (i) the
street network, including circulation within the project and connections to existing and proposed
56
or planned streets within and outside of the project; (ii) typical cross -sections to show proportions,
scale and streetscape/cross-sections/circulation; (iii) the general location of pedestrian and
bicycle facilities; (iv) building envelopes; (v) parking envelopes; (vi) public spaces and amenities;
(vii) areas to be designated as conservation and/or preservation areas; (viii) conceptual
stormwater detention facility locations; (ix) conceptual grading; (x) a use table delineating use
types, the number of dwelling units, non-residential square footage, building stories and/or
heights, build-to lines, setbacks and yards, and other features; (xi) topography, using the county’s
geographic information system or better topographical information, and the source of the
topographical information, supplemented where necessary by spot elevations and areas of the
site where there are existing steep slopes; (xii) the general layout for water and sewer systems;
(xiii) the location of central features or major elements within the project essential to the design of
the project, such as major employment areas, parking areas and structures, civic areas, parks,
open space, green spaces, amenities and recreation areas; (xiv) standards of development
including proposed yards, open space characteristics, and any landscape or architectural
characteristics related to scale, proportions, and massing at the edge of the district; (xv) a
conceptual lot layout; and (xvi) if the application is to establish a neighborhood model district, the
location of proposed green spaces and amenities as provided in section 20A.9.
. . .
(§ 33.4, Ord. 12-18(7), 12-5-12, effective 4-1-13 (§ 33.2, 12-10-80) (§ 33.4,12-10-80; Ord. 03-18(2), 3-19-03) (§
33.5, 12-10-80; Ord. 03-18(2), 3-19-03) (§ 33.6, 12-10-80) (§ 33.7, 12-10-80, 6-19-96; Ord. 01-18(6), 10-3-01) (§
33.8, 12-10-80, 6-19-96) (§ 33.8.1, 12-10-80, 6-19-96; Ord. 01-18(6), 10-3-01) (§ 33.8.2, 12-10-80, 6-19-96) (§
33.8.3, 12-10-80, 6-19-96))
State law reference – Va. Code §§ 15.2-2204, 15.2-2285, 15.2-2286(A)(3), (4), (7), (B).
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:
. ..
b. Zoning map amendments:
1. Less than 50 acres; application and first resubmission: $2500.00
2. Less than 50 acres; each additional resubmission: $1250.00
3. 50 acres or greater; application and first resubmission: $3500.00
4. 50 acres or greater; each additional resubmission: $1750.00
5. Deferral of scheduled public hearing at applicant’s request: $180.00
6. Amendments submitted under section 30.7.6: (i) because the slopes are not steep slopes: no fee;
(ii) to change any slope’s designation from preserved to managed or to remove steep slopes from
the steeps slopes overlay district: any applicable fee under subsections (b)(1 ) through (5).
. . .
j. Required notice:
1. Preparing and mailing or delivering up to fifty (50) notices: $200.00, except for uses under
sections 5.1.47 and 5.2A, or applications submitted under section 30.7.6, for which there shall be
no fee.
2. Preparing and mailing or delivering, per notice more than fifty (50): $1.00 plus the actual
cost of first class postage. No fee shall be required for applications submitted under section
30.7.6.
3. Published notice: cost based on a cost quote from the publisher, except for farmers’ markets
under section 35.1(c)(7) and (8), or applications submitted under section 30.7.6, for which there
shall be no fee.
Except as provided in subsection (d)(13), the 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 administrator 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,
57
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; Ord. 13-18(7), 12-4-13, effective 1-1-14)
State law reference – Va. Code §§ 15.2-2286(A)(6), 15.2-2241(9), 15.2-2243.1.
This ordinance shall be effective on and after March 5, 2014; provided that: (i) any application for a special
exception to disturb critical slopes within the boundaries of the steep slopes overlay district submitted on or before
March 5, 2014 may, at the option of the applicant, be reviewed and acted upon under the critical slopes and
special exception regulations in effect on March 4, 2014; and (ii) the special exception is approved by May 7,
2014.
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ATTACHMENT 9
ORDINANCE NO. 14-14(2)
AN ORDINANCE TO AMEND CHAPTER 14, SUBDIVISION OF LAND, 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 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. 14-216 Contents of preapplication schematic plat
Sec. 14-302 Contents of preliminary plat
Sec. 14-404 Lot location to allow access from lot onto street or shared driveway
Sec. 14-410 Standards for all streets and alleys
Sec. 14-420 Location of utilities above- and underground
Sec. 14-422 Sidewalks and planting strips
By Amending and Renaming:
Sec. 14-304 Request to disturb critical steep slopes
Chapter 14
Subdivision of Land
Article II. Administration and Procedure
Sec. 14-216 Contents of preapplication schematic plat.
Each preapplication schematic plat shall contain the following information:
. . .
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 steep slopes.
. . .
(Ord. 13-14(1), 12-4-13, effective 1-1-14)
State law reference – Va. Code §§ 15.2-2241(9), 15.2-2255, 15.2-2258, 15.2-2286(A)(8).
Article III. Subdivision Plat Requirements and Documents to be Submitted
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:
. . .
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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 t o the intervals
of the existing topography, supplemented where necessary by spot elevations; areas of the site where existing
slopes are steep slopes. 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.
. . .
(8-28-74; 2-4-81; § 18-52, 9-5-96; § 14-302, 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; Ord. 13-14(1), 12-4-13, effective 1-1-14)
State law reference--Va. Code §§ 15.2-2241(1), 15.2-2258, 15.2-2262.
Sec. 14-304 Request to disturb steep slopes.
If the proposed subdivision will require disturbing steep 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; Ord. 13-14(1), 12-4-13, effective 1-1-14)
State law reference--Va. Code §§ 15.2-2241(9).
Article IV. On-site Improvements and Design
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 access 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)
the agent approves a variation or exception under subsection (D) 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.
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 a n 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, steep 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 significant features.
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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 buff ers, steep
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 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.
((§ 14-500(C): (§ 18-29(part), 8-28-74; 9-5-96)(§ 18-34(part), 8-28-74; 9-5-96);§§ 18-29, 18-34; § 14-500; Ord.
98-A1, 8-5-98; Ord. 02-14(1), 2-6-02) (§14-505: (§ 18-36 (part): 8-38-74; 9-5-96)(§ 18-39 (part): 8-28-74; 5-10-77;
10-19-77; 9-5-96); §§ 18-36, 18-39; § 14-505, Ord. 98-A(1), 8-5-98); §§ 14-500(C), 14-505; § 14-404, 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; Ord. 13-14(1), 12-4-13,
effective 1-1-14)
State law reference--Va. Code §§ 15.2-2241(5), 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 subdivision:
A. Layout. Each street shall be configured, to the extent practicable, to conform to the natural
topography, to minimize the disturbance of steep slopes and natural drainage areas, and to provide vehicular and
pedestrian interconnections within the subdivision and existing or future de velopment on adjoining lands, as
provided in section 14-409.
. . .
((§ 18-37: 8-28-74; 3-29-78; 11-21-79; 9-5-96)(§ 18-39 (part): 8-28-74; 5-10-77; 10-19-77; 9-5-96); §§ 18-37, 18-
39; § 14-512, Ord. 98-A(1), 8-5-98; Ord. 02-14(1), 2-6-02, § 14-410, Ord. 05-14(1), 4-20-05, effective 6-20-05;
Ord. 13-14(1), 12-4-13, effective 1-1-14)
State law reference--Va. Code §§ 15.2-2241(4), 15.2-2242(1), 15.2-2242(3).
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 natural
topography, minimizes the disturbance of steep 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 o f a utility customer’s premises;
and (iv) satellite dishes.
C. If it is necessary to locate a new or existing public utility within the right -of-way of a public street,
the subdivider shall first obtain a permit from the Virginia Department of Transportation.
D. Installation of utilities in or adjacent to the right-of-way shall not preclude the installation of street
trees or required landscaping.
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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.
(§ 2, 8-28-74; § 18-12, 9-5-96; § 14-523, Ord. 98-A(1), 8-5-98; § 14-420, Ord. 05-14(1), 4-20-05, effective 6-20-
05; Ord. 13-14(1), 12-4-13, effective 1-1-14)
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 o f
Transportation standards or to the standards in the design standards manual, whichever is greater. Each
sidewalk proposed to be privately maintained shall be constructed using concrete, designed so that no
concentrated water flow runs over them, and otherwise satisfy the standards in the design standards manual.
The agent may allow privately maintained sidewalks to be a 10-foot multi-use asphalt path in unique
circumstances such as a path leading to a school or major 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 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)
feet showing surveyed boundaries of the property; (iv) topography of the property at five (5) foot intervals for the
property being subdivided and on abutting lands to a distance of five hundred (500) feet from the boundary line or
a lesser distance determined to be sufficient by the agent; (v) the locations of streams, stream buffers, steep
slopes, floodplains, known wetlands; (vi) the proposed layout of streets and lots, unit types, uses, and location of
parking, as applicable; and (vii) the location of any existing pedestrian network in the area, whether it is publicly or
privately maintained, descriptions by widths and surfaces of the pedestrian ways within the existing pedestrian
network, a proposed 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 cr oss-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, steep slopes, floodplain, or wetlands, or
because lots are provided on only one side of the street; (iv) the sidewalks reasonably can connect into an
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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, an d the applicable neighborhood
master plan; and (iv) waiving the requirement would enable a different principle of the neighborhood model to be
more fully achieved.
(8-28-74; 5-10-77; 10-19-77; § 38-39, 9-5-96; § 14-422, Ord. 98-A(1), 8-5-98, § 14-525; Ord. 05-14(1), 4-20-05,
effective 6-20-05; Ord. 13-14(1), 12-4-13, effective 1-1-14)
State law reference--Va. Code §§ 15.2-2241(5), 15.2-2242(1).
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ATTACHMENT 10
ORDINANCE NO. 14-A(1)
AN ORDINANCE TO AMEND CHAPTER 18, ZONING, OF THE CODE OF THE COUNTY OF ALBEMARLE,
VIRGINIA, BY AMENDING THE ZONING MAP TO ESTABLISH THE BOUNDARIES OF THE STEEP SLOPES
OVERLAY DISTRICT
BE IT ORDAINED by the Board of Supervisors of the County of Albemarle, Virginia, that, pursuant to the authority
contained in Virginia Code § 15.2-2280, et seq., including the purposes for zoning ordinances in Virginia Code §
15.2-2283 and the material and relevant factors for establishing zoning districts set out in Virginia Code § 15.2 -
2284, the zoning map is hereby amended to establish the steep slopes overlay district on those lands shown on
the maps attached hereto as Exhibit A, which Exhibit is incorporated herein by reference.
This ordinance shall be effective immediately.
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