HomeMy WebLinkAbout2009-6-03
B OARD OF SUPERVISORS
T E N T A T I V E
JUNE 3, 2009
9:00 A.M., LAN E AU DITORIU M
C OUNTY OFFICE BUILDIN G
1. Call to Order.
2. Pledge of Allegiance.
3. Moment of Silence.
4. Recognitions:
a. Bright Stars.
5. From the Board: Matters Not Lis ted on the Agenda.
6. From the Public: Matters Not Listed for Public Hearing on the Agenda.
7. Consent Agenda (on next sheet).
9:40 a.m. – Presentations/Information Items:
8. Annual Presentation, Dr. Frank Friedman, Piedmont Virginia Community College.
9. Annual Report, Commission on Children and Families.
10:00 a.m. – A ction Items.
10. Crozet Library Update.
11. Ordinance Amendment – Chapter 4, Animals and Fow l.
10:30 a.m. Public hearings:
12. Buck’s Elbow Mountain Tower Lease. Pursuant to Virginia Code § 15.21800(B), the Albemarle C ounty
Board of Supervisors will hold a public hearing to consider leasing space on its telecommunic ations tower
and its property , located on an approximately .23 acre parcel fronting Buck’s Elbow Mountain Road on
Buck’s Elbow Mountain (TMP 391B1), to U .S. Cellular Corporation.
13. The Old Crozet School Arts Lease of the Old Crozet Elementary School. Proposed leas e agreement
betw een the County and the Old Crozet School Arts to lease a portion of the former Old C roz et Elementary
Sc hool.
14. PROJECT: SP 20090004 Old Crozet School Arts. PROPOSED: Request to amend SP 9110 to allow for
the existing Old C rozet School building and grounds to be used for both a private school for arts instruction
and also the Field School, a private middle sc hool for boys. ZONIN G CATEGOR Y/GENERAL USAGE: R1
R esidential 1 unit/acre. SECTION : 18.10.2.2.5 Private Schools . C OMPREH ENSIVE PLAN LAN D
U SE/DENSITY: Designated C T 1 D evelopment Area Preserve for Parks and Greenw ays in the C rozet
Master Plan and limited residential at densities of 1 dwelling unit per 20 acres . EN TR ANC E CORRIDOR:
N o. LOC ATION : 1408 Crozet Avenue. TAX MAP/PAR CEL: 56, Parcels 61 and 62. MAGISTERIAL
D ISTRICT: W hite Hall.
11:00 a.m. W ork Sessions:
15. Grass Ordinanc e.
16. STA200801 – Private Streets and Single Point of Access.
17. Closed Meeting.
18. Certify Closed Meeting.
19. Boards and Commissions:
a. Vacancies /Appointments.
2:00 p.m. – Transportation Matters
20. a. VDoT Monthly Report.
b. Transportation Matters not Listed on the Agenda.
c . Discussion: Hatton Ferry Funding.
2:45 p.m. W ork Sessions (continued):
21. Joint Meeting with Planning Commission: Rural Area Strategies Chapter of C omp Plan.
22. From the Board: Matters Not Lis ted on the Agenda.
23. Adjourn to June 10, 2009, 2:30 p.m.
C O N S E N T A G E N D A
FOR APPR OVAL:
7.1 Approval of Minutes: June 4 and December 3, 2008; and March 5, April 2 and May 9, 2009.
7.2 FY 2009 Appropriations.
7.3 Resolution of Intent to Amend the Subdivision Ordinance regarding prerequis ites to submitting final site plat.
7.4 Cancel Augus t 12, 2009 Board of Supervisors ’ Meeting.
FOR IN FORMATION:
7.5 Traffic Light Signal Monitoring Systems (“Photo Red systems”).
7.6 BoardtoBoard, June 2009, Monthly Communications Report from School Board, School Board C hairman.
7.7 Copy of letter dated May 20, 2009 to Brian S. R ay, from Ronald L. H iggins, Chief of Zoning Administration,
re: OFFICIAL D ETER MINA TION OF PARCELS – Tax Map 70, Parcel 14 (property of Tiverton Farm II
LLC) White H all Magisterial D istrict.
7.8 Copy of letter dated May 21, 2009 to J. Walker R ichmond, III, from John Shepherd, Manager of Zoning
Administration, re: OFFICIAL DETERMINATION OF PAR CELS AN D DEVELOPMENT R IGH TS – Tax
Map 111, Parcel 41 (property of Tye River Limited Partnership & Mary D. Tilghman, Trustee of Mary
D . Tilghman Revocable Trust) Samuel Miller Magisterial District.
7.9 Report on Audit for the Clerk of the Circuit Court for the County of Albemarle, for June 1, 2007 through
D ecember 31, 2008, as prepared by the Auditor of Public Acc ounts, Commonwealth of Virginia (on file in
C lerk's office).
7.10 Emergency D ebris W astepile Permits.
7.11 Albemarle County ’s Sheriff’s Office 200809 Game Enforcement Summary.
7.12 Animal Noise Ordinance Update.
Ret urn t o Top of Agenda
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COUNTY OF ALBEMARLE
EXECUTIVE SUMMARY
AGENDA TITLE:
FY 2009 Appropriations
SUBJECT/PR OPOSAL/REQUEST:
Approv al of Appropriations #2009061, #2009062,
#2009063, and #2009064 for various loc al
government and school programs and capital
improvements projects
STAFF CON TA CT(S):
Messrs. Tucker, Foley, and Wiggans
LEGAL R EVIEW: No
AGENDA DA TE:
June 3, 2009
ACTION: INFORMATION:
CON SENT A GEND A:
A CTION: X INFORMATION:
ATTACH MEN TS: Yes
REVIEW ED BY:
BACK GROUND :
The Code of Virginia § 15.22507 stipulates that any locality may amend its budget to adjust the aggregate amount
to be appropriated during the fiscal year as shown in the currently adopted budget. How ever, any s uch amendment
which ex ceeds one perc ent of the total expenditures shown in the currently adopted budget must be accomplished
by first publishing a notice of a meeting and holding a public hearing before amending the budget. The Code section
applies to all County funds, i.e., General Fund, Capital Funds, E911, School SelfSustaining, etc.
The total of this requested FY 2009 appropriation is $106,942.99. A budget amendment public hearing is not required
because the cumulative appropriations will not exceed one percent of the currently adopted budget.
STRA TEGIC PLAN:
Goal 5: Develop a comprehensive funding strategy/plan to address the County’s growing needs
DISCU SSION :
This request involves the approval of four (4) new FY 2009 appropriations as follows :
One (1) appropriation (#2009061) totaling $70,959.49 for various Education programs and projec ts;
One (1) appropriation (#2009062) totaling $20,983.50 recogniz ing the City’s portion of the Court Facility
Feasibility Study;
One (1) appropriation (#2009063) to fund a study for the Northside library branch in the amount of $15,000.00;
and
One (1) appropriation (#2009064) providing $56,050.95 from the Board’s contingency to fund the June 9, 2009
Democratic primary.
RECOMMENDA TION S:
Staff recommends approv al of the budget amendment in the amount of $106,942.99 and the approval of
Appropriations #2009061, #2009062, #2009063, and #2009064.
ATTAC HMENTS
Attachment A
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Attachment A
Appropriation #2009061
$ 70,959.49
Revenue Source: Local Rev enue $ 7,020.00
State Revenue 500.00
Federal Revenue 63,439.49
At its meeting on May 14, 2009, the School Board approved the following appropriations :
Stone Robinson Elementary School has been awarded a grant in the amount of $1,000.00 from the Virginia
Organizing Project. These funds will be used to purchase pedometers that will be given to each student
attending the school’s H ealth Fair.
Stone Robinson Elementary School has been awarded a grant in the amount of $1,020.00 from the BuildA
Bear W orkshop Foundation. These funds will be used to support the sc hool’s Reading Festivals; whic h is a
variety of activities and contests that are designed to increase student interest in reading and writing.
Murray Elementary School received a donation in the amount of $2,000.00 from the ParentTeacher
Organization of V.L. Murray Elementary School. The donor has requested that this contribution be used to
purchas e items needed to support various programs at Murray Elementary.
Walton Middle School received a donation in the amount of $2,000.00 from R obert Pallè. The donor has
requested that the contribution help fund a field trip to the Chesapeake Bay for W alton Middle School
students.
Jack Jouett Middle School has been awarded a grant in the amount of $1,000.00 from the W alMart
Foundation. These funds w ill be used to support the s chool’s various c ommunity s erv ice projects.
The Virginia Department of Conservation and Recreation has awarded Red Hill Elementary School w ith a
Virginia Naturally Classroom Grant in the amount of $500.00. These funds will be used to implement the
project “Our Local Birds and Their AdaptationsMath and Science Take Wing”; which will provide students the
opportunity to learn about different bird species and their habitats.
The mission of the Migrant Grant is to locate all eligible migrant students residing within the regional district
(Albemarle, Alleghany, Augusta, Charlottesville, Culpeper, Fluvanna, Greene, Hanov er, Louisa, Madison,
Nelson, Orange, Rockbridge, Staunton and Waynesboro), evaluate their individual educational needs, and
offer necessary support services in s upport of the Divis ions strategic plan. The migrant grant is responsible
for the following major programs and/or services: afters chool instruc tion, evening tutoring in migrant c amps,
and extended instruction in summer. There is a fund balance retained by the state in the amount of
$63,439.49 from FY07/08 which may be reappropriated for FY08/09. The funds will be used for salaries ,
benefits , educational materials, postage, printing, staff development and telephone expenses.
Appropriation #2009062
$ 20,983.50
Revenue Source: Local Rev enue (City) $ 20,983.50
The City of C harlottes ville and Albemarle County will be conducting a Court Facility Feasibility Study to
update projections of s pac e needs for the C ity and C ounty General D istrict Courts and their clerks to
determine whether the ex isting Levy Building can acc ommodate those needs. The C ounty intends to engage
Moseley Architects, under term contract for this work. The County’s share of this study, $9,025.50, is already
appropriated w ithin the capital improvements program and requires no additional County funding. This request
will recognize the City ’s s hare of the study, $9,025.50, funded by revenue from the C ity.
In addition, the scope of this study w as expanded to inc lude updated projections of space needs for the City
of Charlottesville Circ uit Court and its c lerk, and Commonwealth’s Attorney. The cos t of this portion of the
study, $11,958.00, will be funded entirely by the City.
Appropriation #2009063
$ 15,000.00
Revenue Source: Local Rev enue (Proffer) $ 15,000.00
The current Northside branch library located in Albemarle Square is approximately 15,570 SF and is
approximately 46% of current space standards for the s ervice area population, or 40% of new State
standards. Space in Albemarle Square formerly occupied by Circuit C ourt w ould prov ide approximately
28,300 SF (about 83% of c urrent spac e s tandards for the service area population, or 73% of new State
standards). Funding, in the amount of $15,000.00, is requested to conduct a study of the former Circ uit City
space to determine feasibility of the s pac e for an enlarged Northside branch library and central adminis tration
offices. The potential to provide the service area with a branch that is c onsiderably c loser to meeting the
space s tandards without allnew construction costs is an opportunity of great interest to the Jeffers on
Madison Regional Library . The CIP identifies a New Northside facility that this Circ uit City option c ould
allow to be deferred and also to become less expensiv e. The creation of central administration offices here
would provide greater flexibility for timing of improvements at the Central branch.
Appropriation #2009064
$ 56,050.95
Revenue Source: Board Contingency $ 56,050.95
On June 9, 2009, a primary election w ill be held for the D emocratic nominations for Gov ernor, Lieutenant
Governor, and Member of the House of Delegates, 25th District. The primary election for Governor and
Lieutenant Governor will be held statewide, including all Albemarle County voting precincts. The primary
election for Member of the House of Delegates, 25th District will inc lude the following Albemarle County
voting prec incts: Croz et, Brownsville, Yellow Mountain, and Central Absentee. The Department of Voter
Registration and Elections anticipate incurring $56,050.95 in expenses related to this primary election.
Ret urn t o ex ec summary
COUNTY OF ALBEMARLE
EXECUTIVE SUMMARY
AGENDA TITLE:
Subdivis ions – Resolution of intent to amend
Subdivis ion Ordinance regarding prerequisites to
submitting a final plat
SUBJECT/PR OPOSAL/REQUEST:
Adopt a resolution of intent to amend Albemarle County
Code § 14221 to eliminate the requirement that a
subdivider satisfy all c onditions of approv al of the
preliminary plat and obtain all tentative approvals for
the final plat prior to submitting a final plat; information
on the effect of new Virginia Code § 15.22209.1
STAFF CON TA CT(S):
Messrs. Tucker, Foley, Davis, Graham, and
Fritz
LEGAL R EVIEW: Yes
AGENDA DA TE:
June 3, 2009
ACTION: INFORMATION:
CON SENT A GEND A:
A CTION: X INFORMATION:
ATTACH MEN TS: Yes
REVIEW ED BY:
BACK GROUND :
As required by Virginia Code § 15.22260, Albemarle County C ode § 14228 provides that an approved preliminary
subdivision plat is valid for a period of 5 years, provided that the subdivider submits a final plat within one year of the
date of approval and thereafter diligently pursues approv al of the final plat. Albemarle C ounty Code § 14221(B)
requires that a subdivider satisfy all conditions of approval of the preliminary plat and obtain all tentative approvals
for the final plat prior to submitting the final plat. After 3 years, the Subdivision Agent may revoke the approved
preliminary plat after prov iding notice to the subdivider if it is determined the subdivider has not diligently pursued
approval of the final plat. If a final plat is not approved within the 5year period that the preliminary plat is valid, the
preliminary plat expires and the subdivider must comply w ith the regulations in effect at the time a new preliminary
plat is s ubmitted.
As required by Virginia Code § 15.22259, Albemarle County C ode § 14229 provides that an approved final
subdivision plat is generally valid for a period of one year, with longer periods for phas ed subdivisions and by
agreement between the C ounty and the subdivider under specific circ umstances.
The State requirements regarding the period of validity of preliminary and final subdiv ision plats apply to preliminary
and final site plans as w ell.
STRA TEGIC PLAN:
Goal Four: Effectively Manage Growth and Development.
DISCU SSION :
Effective July 1, 2009, Virginia Code § 15.22209.1 (See House Bill 2077, Attachment B) will extend the period of
validity of approved subdivision plats and site plans until July 1, 2014 if the subdivision plat or site plan was valid on
January 1, 2009. The follow ing scenarios illustrate the effect of Virginia Code § 15.22209.1:
Any preliminary or final plat approved between January 1, 2008 and January 1, 2009 will remain valid until July
1, 2014 because such a plat would have been v alid on January 1, 2009. The ex tension applies even if the
s ubdivider does not submit a final plat within one year after approval of the preliminary plat.
Any preliminary or final plat approved before January 1, 2008 for which the County granted an extension to a
date after January 1, 2009 will remain valid until July 1, 2014.
A preliminary plat approved as early as January 1, 2004, for w hich a final plat was timely s ubmitted within one
y ear so as to pres erve the preliminary plat’s v alidity for 5 years (to January 1, 2009), will remain valid until July
1, 2014.
Any preliminary or final plat approved on and after January 2, 2009 w ill be s ubject to the applic able validity
requirements of Virginia Code §§ 15.22259 (Albemarle County Code § 14229) and 15.22260 (Albemarle
C ounty Code § 14.2221). For example, a preliminary plat approved on January 2, 2009 will ex pire on January
2, 2010 unless the subdivider files a final plat on or before January 2, 2010. By comparison, a preliminary plat
approved two days earlier on December 31, 2008 would be valid until July 1, 2014 without the subdivider having
to take any further action.
Any preliminary plat approved before January 1, 2008 for which a final plat was not timely submitted expired
before January 1, 2009 and is unaffected by Virginia C ode § 15.22209.1.
Virginia Code § 15.22209.1 is selfex ecuting and does not require an amendment to the Subdivision Ordinance.
However, Section 15.22209.1 authorizes localities to ex tend the period of validity beyond July 1, 2014. Staff does
not rec ommend at this time that this period be further extended.
However, w hile staff was reviewing the effects of Virginia C ode § 15.22209.1, it also reevaluated the C ounty’s
requirements for timely s ubmitting a final plat in order to preserve the validity of an approved preliminary plat. As
noted in the Background, Albemarle C ounty Code § 14221(B) requires that a subdiv ider satisfy all c onditions of
approval of the preliminary plat and obtain all tentative approvals for the final plat prior to submitting the final plat.
This has been a longstanding requirement of the Subdivision Ordinance and has been justified as a reasonable
regulation pertaining to the administration of the Subdiv ision Ordinanc e. In light of sev eral amendments to the State
subdivision statutes over the past sev eral years, the absence of a similar requirement in the Zoning Ordinance for
site plans, the absence of a similar requirement in the s ubdivision regulations of other s urveyed localities, and
difficulties experienced by subdividers to satisfy all c onditions or obtain all approvals within the oney ear period,
Staff recommends that this requirement be eliminated. Instead, a final plat would be accepted if it c ontained the
required information in Albemarle County Code § 14303, as already required by Albemarle County C ode § 14
221(C). Of course, all conditions of approval of the preliminary plat and all tentative approvals for the final plat would
have to be satisfied before the final plat could be approv ed.
BUDGET IMPACT:
No impact on the Budget is expected.
RECOMMENDA TION S:
Staff recommends that the Board adopt the attached resolution of intent (Attachment A) to amend Albemarle County
Code § 14221 and other related sections . Staff does not recommend that the Board amend the Subdivision
Ordinanc e to incorporate or extend the period of validity provided in Virginia Code § 15.22209.1.
ATTAC HMENTS
A – Resolution of Intent
B – Hous e Bill 2077
Ret urn t o c ons ent agenda
Ret urn t o regular agenda
R ESOLU TION OF INTENT
WHEREAS, subdivision regula tions should a ssure the orde rly subdivision a nd deve lopment of land a nd
promote the public hea lth, sa fe ty, conve nie nc e a nd w e lfare of citiz ens; a nd
WHEREAS, Sta te la w a nd the County’s subdivision regula tions re quire that a final subdivision pla t be
submitte d within one ye a r afte r a pprova l of the prelimina ry subdivision pla t; and
WHEREAS, Albemarle County Code § 14221(B), w hic h is pa rt of the County’s subdivision re gulations,
re quires tha t a subdivide r satisfy a ll conditions of approva l of the pre limina ry plat a nd obta in all tentative
approva ls from c ounty de partments a nd other a gencie s prior to submitting the final subdivision pla t; a nd
WHEREAS, bec a use of se ve ra l rec e nt ame ndments to Sta te la w perta ining to the pe riod of validity of
prelimina ry subdivision pla ts a nd the submittal of final subdivision pla ts, the absenc e of a simila r re quire me nt in
the County’s z oning regula tions for site pla ns without any identifie d a dve rse e ffec t a nd in the subdivision
re gula tions of othe r surve ye d loca litie s, a nd difficulties e xpe rience d by some subdivide rs in satisfying a ll
conditions or obtaining a ll approva ls within the one yea r period, A lbe ma rle County Code § 14221(B)’s
re quirement that a subdivide r sa tisfy a ll c onditions of a pproval and obta in all te ntative approva ls prior to
submitting the fina l subdivision plat is unnec e ssary could be re pe ale d without thre a te ning the public he alth,
safety, conve nie nce or we lfa re ; a nd
WHEREAS, in the abse nc e of A lbe ma rle County Code § 14221(B), the public inte re st would
nonethe less be prote cte d bec a use A lbe ma rle County Code § 14221(C) e stablishes the re quire d ele me nts of a
fina l subdivision pla t in orde r for it to be ac c epted a s complete , a nd be ca use a subdivider would ha ve to sa tisfy a ll
suc h c onditions and obta in all a pprovals prior to the a pprova l of the final subdivision pla t.
NOW, THEREFOR E, BE IT RESOLVED THAT for purpose s of public ne c essity, c onve nie nc e ,
ge nera l welfa re and good la nd de velopme nt pra ctic e s, the Boa rd of Supe rvisors hereby a dopts a resolution of
intent to a me nd A lbe ma rle County Code § 14221 a nd any othe r re gulations of the Subdivision O rdina nc e de eme d
appropria te to ac hie ve the purpose s de scribe d herein.
BE IT FU RTHER R ESOLV ED THA T the Planning Commission sha ll hold a public he aring on the
subdivision text a me ndme nt proposed by this resolution of inte nt, a nd ma ke its rec omme nda tion to the Boa rd of
Supe rvisors, at the e arlie st possible da te .
G o to next a tta c hment
Re turn to exe c summa ry
CHAPTER 196
An Act to amend the Code of Virginia by adding in Article 1 of Chapter 22 of Title 15.2 a section
numbered 15.22209.1, relating to land use actions; period of validity.
[H 2077]
Approved March 27, 2009
Be it enacted by the General Assembly of Virginia:
1. That the Code of Virginia is amended by adding in Article 1 of Chapter 22 of Title 15.2 a section
numbered 15.22209.1 as follows:
§ 15.22209.1. Extension of approvals to address housing crisis.
A. Notwithstanding the time limits for validity set out in § 15.22260 or 15.22261, or the provisions of
subsection F of § 15.22260, any subdivision plat valid under § 15.22260 and outstanding as of January
1, 2009, and any recorded plat or final site plan valid under § 15.22261 and outstanding as of January
1, 2009, shall remain valid until July 1, 2014, or such later date provided for by the terms of the
locality’s approval, local ordinance, resolution or regulation, or for a longer period as agreed to by the
locality. Any other plan or permit associated with such plat or site plan extended by this subsection shall
likewise be extended for the same time period.
B. Notwithstanding any other provision of this chapter, for any valid special exception, special use
permit, or conditional use permit outstanding as of January 1, 2009, and related to new residential or
commercial development, any deadline in the exception permit, or in the local zoning ordinance that
requires the landowner or developer to commence the project or to incur significant expenses related to
improvements for the project within a certain time, shall be extended until July 1, 2014, or longer as
agreed to by the locality. The provisions of this subsection shall not apply to any requirement that a use
authorized pursuant to a special exception, special use permit, conditional use permit, or other
agreement or zoning action be terminated or ended by a certain date or within a set number of years.
C. Notwithstanding any other provision of this chapter, for any rezoning action approved pursuant to §
15.22297, 15.22298, or 15.22303, valid and outstanding as of January 1, 2009, and related to new
residential or commercial development, any proffered condition that requires the landowner or
developer to incur significant expenses upon an event related to a stage or level of development shall be
extended until July 1, 2014, or longer as agreed to by the locality. However, the extensions in this
subsection shall not apply (i) to land or rightofway dedications pursuant to § 15.22297, 15.22298, or
15.22303, (ii) when completion of the event related to the stage or level of development has occurred, or
(iii) to events required to occur on a specified date certain or within a specified time period. Any
proffered condition included in a special exception, special use permit, or conditional use permit shall
only be extended if it satisfies the provisions of this subsection.
D. The extension of validity provided in subsection A and the extension of certain deadlines as provided
in subsection B shall not be effective unless any performance bonds and agreements or other financial
guarantees of completion of public improvements in or associated with the proposed development are
continued in force.
Re turn to exe c summa ry
COUNTY OF ALBEMARLE
EXECUTIVE SUMMARY
AGENDA TITLE:
Information Regarding Traffic Light Signal
Monitoring Systems (“Photo Red systems”)
SUBJECT/PR OPOSAL/REQUEST:
Information on the status of Photo Red Sy stem
Research
STAFF CON TA CT(S):
Messrs. Tucker, Elliot, Davis, Miller, Allen,
Chiarappa; and Ms. Kim
LEGAL R EVIEW: Yes
A GENDA DATE:
June 3, 2009
A CTION: INFORMATION:
C ONSENT AGENDA:
ACTION: INFOR MA TION: X
A TTACHMENTS: Yes
R EVIEWED B Y:
BACK GROUND :
In 2007, the General As sembly enacted Virginia Code §15.2968.1, permitting localities to establish, by
ordinanc e, traffic light signal monitoring sy stems (“Photo Red systems”). Localities may install a Photo Red
system at one intersection per 10,000 residents upon c ompleting traffic s afety engineering studies and obtaining
approval from the Virginia D epartment of Transportation (“VDOT”). Under this statute, the County may install up
to nine Photo R ed systems at approved traffic signal intersections.
Responding to Board member interest in Photo Red sys tems, the Police Department began researching Photo
Red ordinances, vendors, and agency administrative proc edures in 2007. In the spring of 2009, the City of
Virginia Beach became the first Virginia locality to begin implementing a photomonitoring system purs uant to
this new legislation. VDOT also finalized its adminis trative procedures and forms for intersection approval in
2008.
STRA TEGIC PLAN:
Goal: 1. Enhance the Quality of Life for all Albemarle County Residents.
Goal: 2. Effectively Manage the County ’s Grow th and D evelopment.
DISCU SSION :
Photo Red Programs Throughout Virginia
According to VDOT’s w ebsite, motoris ts driving through red lights caused over 5,000 accidents in Virginia in
2004, including 26 fatalities and over 3,600 injuries. Localities such as New port New s, Richmond, Fairfax City
and County , Arlington and James City have taken steps to implement Photo Red programs in an effort to reduce
accidents c aused by red light violators.
Photo Red systems permit law enforcement agencies to improve their deterrence and enforcement of red light
violations without ass igning more officers to onsite traffic enforcement. Traditional traffic enforcement at busy
intersec tions often proves difficult, due to the limited areas in which officers may position patrol vehicles to
safely observe violations and quickly nav igate heavy traffic to apprehend a violator.
Virginia Code Requirements for Photo Red Programs
Virginia appears to be unique in requiring that motorists be provided a 0.5 second grace period between the time
the signal turns red and the time the first violation is recorded. According to one Photo Red vendor, the photo
would be taken at 0.6 sec onds after the light has turned red. Other states require grace periods of less than 0.5
seconds . Another important feature of the Virginia Photo Red statute is that only a sworn lawenforcement
officer may certify that a motorist committed a red light violation for the purpose of is suing a summons.
In addition, the Photo R ed statute requires that localities notify each red light violator: (1) that the recordings of
the violation will be av ailable for the motorist’s inspec tion for at leas t 60 business days before a court date; and
(2) how to contest a summons by filing an affidavit. Once the motorist files an affidavit denying that he or she
operated the vehicle, the lawenforcement agency must prove in court that the motoris t committed the violation.
The statute does not giv e lawenforcement agencies the authority to require the motorist to state who operated
the vehicle at the time of
the violation. Finally, the maximum penalty that may be imposed is a civil penalty of $50. More detailed
information concerning the enforcement process may be found in the statute attached as Attachment A.
To implement a Photo Red System, a locality must complete the following for submis sion to VDOT for its
approval:
1. A list of proposed intersections for inc lusion in the Photo R ed sy stem.
2. An engineering study for each proposed intersection by a licens ed professional engineer (can be the County
Engineer).
3. A crash and traffic signal violations data report setting forth statistics for the previous three years, including
the number of traffic signal violations, and how many crashes inv olved a traffic signal violation for each
proposed intersection.
4. A current 48hour study of traffic s ignal violations for each proposed intersection.
Should the Board decide to adopt a Photo Red ordinance, the County must implement a public awareness
campaign regarding the proposed Photo Red program. Signs notifying motorists about Photo Redcontrolled
intersec tions must be plac ed within 500 feet of the intersection approac h.
Police Department staff has:
1. identified the following three intersections as top priority for inclus ion in the system: Rio & Seminole Trail
(Route 29); the County portion of Hy draulic Road & Seminole Trail (Route 29); and Richmond R oad &
Stoney Point Road
2. worked with the County Attorney’s Office to prepare a draft ordinance for the enforc ement of traffic signal
violations utilizing the Photo Red Sys tem;
3. dev eloped plans to complete the required reports and studies;
4. attended a training seminar in the City of Virginia Beach; and
5. rev iewed several Photo Red product presentations by potential vendors.
Staff will continue to seek regular updates from localities using Photo Red for the purpose of staying informed of
any potential problems and concerns w ith the program.
In the spring of 2009, Virginia Beach began implementing a fully operational Photo Red system at several
intersec tions. The entire process, including obtaining VDOT approv al and camera installation, took
approximately one year. Four other localities (the Cities of New port New s, Richmond and Fairfax and the
County of Fairfax) have issued a Notice of Decision to award a vendor with a Photo Red contract and are in the
process of having their Photo Red systems installed. Staff is reviewing an open contract that the C ity of
Newport News has awarded to a Photo Red vendor to determine whether the County could contract with that
vendor through cooperativ e procurement.
BUDGET IMPACT:
N/A
RECOMMENDA TION S:
The ACPD recommends that the Board approve staff moving forward with this projec t and direct the preparation
of a Photo Red ordinanc e for introduction in July and a public hearing in August. Upon adoption of an ordinance,
staff w ill conclude its analysis of propos ed intersections for the Photo Red program, contract with a Photo Red
system vendor and obtain VDOT approvals to begin implementing the Photo R ed program at selec ted
intersec tions as soon as practical.
ATTAC HMENTS:
A – Virginia Code §15.2968.1
Ret urn t o c ons ent agenda
Ret urn t o regular agenda
§ 15.2968.1. Use of photomonitoring systems to e nforce traffic light signals.
A . The gove rning body of a ny county, city, or tow n ma y provide by ordina nc e for the esta blishme nt of a tra ffic
signal e nforc ement program imposing moneta ry liability on the ope ra tor of a motor ve hic le for failure to c omply
w ith tra ffic light signa ls in suc h loc ality in ac c orda nc e with the provisions of this se c tion. Eac h such loc ality may
install a nd ope ra te tra ffic light signa l photomonitoring systems a t no more tha n one inte rse c tion for eve ry 10,000
re sidents within ea c h county, c ity, or tow n a t a ny one time , provide d, howeve r, tha t within pla nning Distric t 8,
ea c h suc h loca lity ma y insta ll a nd operate tra ffic light signa l photomonitoring syste ms a t no more than 10
interse c tions, or a t no more tha n one inte rse c tion for eve ry 10,000 re side nts w ithin ea c h c ounty, c ity, or town,
w hic he ver is grea ter, at any one time .
B. The operator of a ve hic le sha ll be lia ble for a mone ta ry pe nalty impose d pursua nt to this se c tion if suc h vehic le
is found, a s e vide nc ed by information obta ine d from a traffic light signal viola tion monitoring system, to have
fa ile d to comply with a tra ffic light signa l within such loc ality.
C. Proof of a viola tion of this se ction sha ll be evide nc e d by information obtained from a tra ffic light signa l
viola tion monitoring system a uthoriz e d pursua nt to this se c tion. A c e rtific a te , sworn to or a ffirmed by a law
enforc ement offic e r e mploye d by a loc a lity a uthoriz ed to impose pena lties pursua nt to this se c tion, or a fac simile
the re of, ba se d upon inspe ction of photogra phs, microphotogra phs, vide ota pe, or othe r re corde d image s produc ed
by a traffic light signal viola tion monitoring syste m, shall be prima fac ie e vidence of the fa c ts conta ine d therein.
A ny photogra phs, mic rophotogra phs, vide ota pe , or other rec orded ima ges e videncing such a viola tion sha ll be
ava ilable for inspe ction in a ny proce eding to adjudic a te the liability for suc h violation pursua nt to a n ordina nce
adopted pursua nt to this se ction.
D . In the prose cution for a viola tion of a ny loc a l ordinanc e a dopte d a s provide d in this se c tion, prima fa cie
evide nc e that the ve hicle de scribe d in the summons issued pursuant to this se ction was ope ra ted in viola tion of
suc h ordina nc e , together with proof that the de fe ndant was a t the time of such viola tion the owne r, le ssee , or
re nte r of the ve hic le, sha ll constitute in e videnc e a re buttable pre sumption that suc h ow ner, lesse e, or renter of
the vehicle was the pe rson who c ommitte d the viola tion. Such presumption shall be re butted if the owne r, le ssee ,
or rente r of the ve hicle (i) file s a n a ffidavit by re gular mail with the cle rk of the ge ne ra l distric t c ourt tha t he w a s
not the ope ra tor of the vehicle a t the time of the a llege d violation or (ii) te stifie s in open court unde r oa th tha t he
w a s not the operator of the ve hic le at the time of the a lle ged viola tion. Such presumption shall a lso be re butte d if
a c ertified copy of a polic e report, showing tha t the ve hic le had be en re porte d to the polic e a s stole n prior to the
time of the allege d viola tion of this se c tion, is pre se nte d, prior to the re turn da te esta blishe d on the summons
issue d pursua nt to this se ction, to the court a djudic ating the a lle ged viola tion.
E. For purposes of this se ction, "owner" mea ns the re gistered owne r of suc h vehic le on re c ord w ith the
D e pa rtme nt of Motor V e hic le s. For purpose s of this se c tion, "traffic light signal viola tion monitoring system"
me ans a ve hic le se nsor installed to w ork in c onjunction w ith a traffic light tha t a utoma tic ally produce s two or
more photogra phs, two or more microphotographs, video, or othe r rec orded images of ea c h vehic le a t the time it
is used or ope ra ted in viola tion of § 46.2833, 46.2835, or 46.2836. For ea c h suc h ve hic le , a t lea st one re c orde d
image shall be of the ve hic le be fore it ha s ille gally entered the inte rse ction, a nd at le a st one re corded image shall
be of the same vehicle a fter it ha s ille ga lly entered that intersec tion.
F. Imposition of a penalty pursua nt to this se c tion sha ll not be de emed a c onvic tion a s a n operator a nd shall not be
ma de pa rt of the operating re cord of the pe rson upon whom such liability is impose d, nor sha ll it be use d for
insuranc e purpose s in the provision of motor vehicle insura nce cove ra ge. N o moneta ry pe na lty imposed under this
sec tion shall e xce e d $50, nor sha ll it include court c osts.
G . A summons for a viola tion of this se ction ma y be exe cuted pursuant to § 19.276.2. Notwithstanding the
provisions of § 19.276, a summons for a violation of this sec tion ma y be e xec ute d by ma iling by first c lass ma il a
copy the re of to the ow ne r, le sse e, or re nte r of the vehicle . In the c ase of a ve hic le owne r, the c opy sha ll be
ma iled to the a ddress conta ine d in the re cords of the D e pa rtme nt of Motor Ve hic le s; in the c ase of a ve hic le
le sse e or renter, the c opy sha ll be ma ile d to the address c ontained in the re c ords of the lessor or renter. Every
suc h ma iling shall inc lude , in a ddition to the summons, a notic e of (i) the summone d pe rson's a bility to re but the
presumption tha t he wa s the operator of the ve hic le at the time of the a lle ged viola tion through the filing of a n
affida vit a s provide d in subse c tion D and (ii) instructions for filing suc h a ffida vit, inc luding the addre ss to which
the a ffidavit is to be se nt. If the summoned pe rson fa ils to a ppe ar on the da te of return se t out in the summons
ma iled pursua nt to this se ction, the summons shall be e xe c ute d in the manner se t out in § 19.276.3. N o
proc ee dings for c ontempt or a rrest of a pe rson summone d by mailing shall be instituted for fa ilure to a ppe ar on
the return date of the summons. Any summons exec ute d for a viola tion of this se ction sha ll provide to the pe rson
summone d a t lea st 60 business days from the mailing of the summons to inspe c t information colle cte d by a tra ffic
light signa l viola tion monitoring syste m in c onnec tion with the viola tion.
H . Information colle cte d by a tra ffic light signa l violation monitoring syste m installed and operated pursua nt to
subsec tion A sha ll be limite d e xclusively to that informa tion that is ne c essa ry for the e nforce me nt of tra ffic light
viola tions. O n be ha lf of a loca lity, a priva te e ntity may not obta in re cords re ga rding the re giste red owne rs of
ve hic le s tha t fa il to comply with traffic light signa ls. Notwithsta nding a ny othe r provision of la w , a ll photogra phs,
microphotogra phs, elec tronic ima ges, or othe r pe rsona l informa tion c ollec ted by a traffic light signal viola tion
monitoring syste m sha ll be used exclusive ly for enforc ing tra ffic light viola tions and sha ll not (i) be ope n to the
public; (ii) be sold or use d for sa le s, solic ita tion, or ma rke ting purposes; (iii) be disc lose d to a ny othe r e ntity
exc ept a s may be ne ce ssa ry for the enforc e me nt of a tra ffic light viola tion or to a ve hic le ow ner or ope ra tor a s
pa rt of a c hallenge to the viola tion; or (iv) be use d in a c ourt in a pending a c tion or proc ee ding unle ss the a ction or
proc ee ding rela te s to a viola tion of § 46.2833, 46.2835, or 46.2836 or re que sted upon orde r from a c ourt of
compete nt jurisdic tion. Informa tion c ollec ted under this sec tion perta ining to a spec ific violation sha ll be purged
and not re ta ine d la te r tha n 60 days a fte r the c olle ction of a ny civil pe na ltie s. If a loca lity does not e xec ute a
summons for a violation of this sec tion within 10 business days, a ll information colle cte d perta ining to tha t
suspec ted viola tion shall be purged w ithin two busine ss da ys. Any loc a lity ope ra ting a tra ffic light signa l viola tion
monitoring syste m sha ll a nnually c ertify c omplia nc e with this sec tion a nd ma ke a ll re c ords perta ining to suc h
syste m a vailable for inspec tion a nd audit by the Commonwea lth Transporta tion Commissioner or the
Commissione r of the D e pa rtme nt of Motor Ve hic le s or his de signe e . Any pe rson w ho disc lose s pe rsona l
informa tion in viola tion of the provisions of this subsec tion sha ll be subje c t to a c ivil pena lty of $1,000.
I. A priva te e ntity may enter into an a gre ement with a loca lity to be c ompe nsate d for providing the tra ffic light
signal viola tion monitoring system or equipme nt, and a ll re la ted support servic es, to include consulting, ope ra tions
and a dministration. Howe ver, only a la w e nforc eme nt offic er e mployed by a loc ality ma y swe ar to or a ffirm the
ce rtific a te re quire d by subse ction C. No loc a lity sha ll e nte r into an agre e me nt for c ompensa tion ba se d on the
number of violations or moneta ry pena lties impose d.
J. When sele cting pote ntia l inte rse ctions for a traffic light signal viola tion monitoring system, a loc a lity shall
consider fac tors suc h as (i) the ac c ident rate for the intersec tion, (ii) the ra te of red light viola tions occ urring at
the inte rse ction (numbe r of viola tions pe r numbe r of ve hic le s), (iii) the diffic ulty experie nce d by lawe nforce me nt
office rs in pa trol c ars or on foot in a pprehe nding viola tors, and (iv) the a bility of lawe nforce me nt office rs to
apprehe nd viola tors sa fe ly w ithin a re a sona ble dista nc e from the violation. Loc alities ma y c onside r the risk to
pe destrians as a fac tor, if a pplica ble . A loc a lity sha ll submit a list of inte rse ctions to the Virginia De partment of
Tra nsporta tion for final approva l.
K . Before the imple mentation of a tra ffic light signa l viola tion monitoring system a t a n inte rse ction, the loc ality
sha ll complete a n e ngine e ring safety a na lysis tha t addre sses signal timing a nd othe r loc a tionspe cific sa fe ty
fe atures. The le ngth of the ye llow phase sha ll be esta blishe d ba sed on the re c ommended me thodology of the
Institute of Tra nsporta tion Engine ers. A ll tra ffic light signa l violation monitoring syste ms sha ll provide a minimum
0.5sec ond grac e pe riod be twee n the time the signa l turns re d a nd the time the first viola tion is re c orde d. If
re comme nde d by the engine ering sa fe ty ana lysis, the loca lity sha ll make rea sona ble loca tionspe c ific safety
improvements, inc luding signs a nd pa ve me nt ma rkings.
L. Any loc a lity tha t uses a tra ffic light signa l violation monitoring syste m shall e va lua te the system on a monthly
ba sis to e nsure all c ameras a nd traffic signals are func tioning prope rly. Evaluation results shall be ma de a va ila ble
to the public .
M. A ny loc ality tha t use s a tra ffic light signa l viola tion monitoring syste m to enforc e tra ffic light signa ls shall
pla ce c onspicuous signs within 500 fe e t of the inte rse ction approac h a t which a traffic light signal viola tion
monitoring syste m is used. The re shall be a re butta ble pre sumption tha t such signs we re in pla ce a t the time of the
commission of the traffic light signal viola tion.
N . Prior to or coinc ide nt w ith the imple me nta tion or expansion of a tra ffic light signa l viola tion monitoring
syste m, a loca lity shall c onduct a public a wa re ness progra m, advising the public tha t the loc ality is imple me nting
or e xpa nding a tra ffic light signa l viola tion monitoring syste m.
(2007, cc . 836, 903.)
Re turn to exe c summa ry
Board!to!Board
"""""""June"2009"
A!monthly!report!from!the!Albemarle!County!School!Board!to!the!Albemarle!County!Board!of!Supervisors!!
!
Adm inistrative"Appointm ents:"At its meeting last night, the Albemarle County School Board
appointed three new principals for the Division.
x M r."Jay"Thom as!was!appointed!principal!for!Albemarle!High!School.!Thomas!is!currently!the!
principal!of!South!Lenoir!High!School!in!Kinston,!North!Carolina,!a!position!he!has!held!since!
2005.!He!has!also!served!as!an!assistant!principal!and!school!improvement!specialist!of!
Landstown!High!School!and!Technology!Academy!in!Virginia!Beach,!and!has!experience!at!the!
elementary,!middle!and!high!school!levels.!Thomas!received!a!Master s!of!Science!in!education!
and!an!endorsement!in!administration!and!supervision!from!Old!Dominion!University.!He!
earned!his!Bachelor s!of!Arts!in!education!from!Fairmont!State!College!in!Fairmont,!West!
Virginia.!He!impressed!the!interview!panel!with!his!deep!understanding!of!concept"based!
learning,!integration!of!technology!in!instruction!in!meaningful!ways,!and!proven!track!record!
of!strong!leadership!and!raising!student!achievement.!!
!
x D r."Catherine"W orley!was!named!principal!for!Monticello!High!School.!Dr.!Worley!is!currently!
principal!of!Jones!Magnet!Middle!School!and!Gifted!Center!in!Hampton,!Virginia,!where!she!
leads!more!than!900!students!and!more!than!80!teachers.!She!has!also!served!as!assistant!
principal!at!Phoebus!High!School!and!Spratley!Middle!School!in!Hampton.!She!has!also!worked!
as!an!elementary,!middle!and!high!school!music!teacher!and!choral!director!for!Newport!News!
Public!Schools.!Dr.!Worley!received!her!Doctorate!degree!in!Educational!Leadership!and!Policy!
Studies!from!Virginia!Polytechnic!Institute!and!State!University.!She!also!holds!a!Master s!of!
Science!in!Educational!Leadership!from!Old!Dominion!University!and!a!two!degrees!!!a!
Bachelor!of!Science!in!Music!Education!and!a!Bachelor!of!Arts!in!Music!Therapy!!!from!Radford!
University.!The!interview!panel!highlighted!her!diverse!background,!strong!leadership!track!
record,!and!continual!use!of!innovative!strategies!that!promote!student!engagement!and!
learning!in!every!position!she!has!held.!!
!
x M s."Sharon"Am ato!W ilcox!was!named!principal!of!Burley!Middle!School.!Ms.!Wilcox!currently!
serves!as!assistant!principal!of!Burley,!a!position!she!has!held!since!2008.!Prior!to!that,!she!was!
principal!of!Kyrene!de!la!Estrella!Elementary!School!in!Tempe,!Arizona!for!seven!years.!She!
also!was!assistant!principal!of!Kyrene!de!la!Sierra!Elementary!School!for!six!years,!!and!has!
served!as!an!elementary!and!middle!school!special!education!teacher,!leadership!coach!and!
curriculum!coordinator!in!Arizona.!In!addition!to!post"graduate!certificates!in!special!education!
from!Northern!Arizona!University!and!educational!administration!from!Arizona!State!
University,!Amato"Wilcox!holds!a!Master s!of!Education!in!Reading!and!a!Bachelor s!degree!in!
elementary!education!from!the!University!of!Arizona.!Her!visionary!leadership!focused!on!
continuous!improvement!of!systems,!processes!and!staff!in!order!to!drive!increased!student!
achievement,!as!well!as!her!proven!ability!to!create!collaborative!school!cultures!where!
teachers,!parents!and!community!members!work!together!to!foster!quality!instruction!and!
student!success!led!to!her!selection!among!the!candidates.!!
Teleforum and Small Schools: The School Division hosted a Telephone Forum on Monday, May 18th
to gather feedback about the county!s smallest elementary schools. The facilities planning committee is
considering two options: 1) renovate Yancey, Red Hill and Scottsville elementary schools, or 2) close
them and build a new school near Walton Middle School to serve all of those students. Dr. Moran is
scheduled to bring a recommendation to the Board in August.
Listening Tours: During Teacher Appreciation Week, Board members and staff conducted listening
tours at all Albemarle County Public Schools. The tours were conducted as a beginning stage in the
Strategic Planning process and to gather input from teachers on issues within the division and where
they see the division going in the future.
Title I Distinguished Schools: Five Albemarle County elementary schools are among the 124 schools
in the commonwealth being honored by the Virginia Board of Education for raising the academic
achievement of economically disadvantaged students. The awards are based on student achievement
on state assessments during 2007"2008 and the previous school year.
Paul H. Cale Elementary, Red Hill Elementary, Scottsville Elementary, Stony Point Elementary and
Woodbrook Elementary have been recognized as Title I Distinguished Schools! for maintaining full
state accreditation under the commonwealth"s Standards of Learning program for two consecutive
years, and meeting or exceeding No Child Left Behind (NCLB) benchmarks in reading and
mathematics for all students.
National Merit Scholars for 2009: Albemarle County Public Schools has ten students from all three
county high schools designated National Merit Scholars this year.
# Two students from Monticello High received the honor: Patricia Fernandez was awarded a
National Merit University of Chicago Scholarship and Timothy Pianta has been awarded a
National Merit Scholarship to attend Washington University in St. Louis.
# Three students from Western Albemarle High were named National Merit Scholars: Joshua
Dugan, who received the National Merit Rose"Hulman Institute of Technology Scholarship;
Wesley Swank, who will attend the California Institute of Technology as a National Merit scholar,
courtesy of Consol Energy Inc.; and Whitney Wenger, who received a National Merit
Northwestern University Scholarship but has instead chosen to attend Cornell University.
# Five students from Albemarle High received National Merit Scholarships: Roger Fan was
offered a National Merit University of Chicago Scholarship, Caitlyn Suhler was offered a National
Merit Washington and Lee University Scholarship, and Cameron Hill received a National Merit
Northrop Grumman Scholarship and plans to attend Brown University. Valentina Moshnikova
and Amy Pugh each received a $2,500 National Merit Scholarship; Moshnikova plans to attend the
College of William and Mary and Pugh will attend Davidson College.
Less than one!half of one!percent of the 1.5 million high school students in the United States who
take the qualifying exam each year are selected as National Merit Scholars.
MESA: The Albemarle County Math Engineering and Science Academy will be implemented at
Albemarle High School for 2009-10 and beyond. Here students will participate in math and science
core classes in a modified curriculum that focuses on practical applications, collaboration and
experimentation. In the upper levels of the program students will design and team-build projects and
have the opportunity to work with engineering professionals in the Charlottesville community. They
will focus on offering solutions to engineering problems locally and beyond our community.
Forty-nine rising 9th graders from across the division applied for admission and were accepted. Fourteen
rising 11th graders from across the division applied and all were accepted. Over the summer MESA
director, Jeff Prillaman will work with Steve Bantz to work on further development of the curriculum.
The MESA website can be found at www.k12albemarle.org/mesa.
June Meetings: T he School B oard will hold its regular meeting on June 11th and its regular work
session on June 25th. In addition, we look forward to meeting with you on June 10th.
COUNTY OF ALBEMARLE
EXECUTIVE SUMMARY
AGEN D A TITLE:
Emergency Debris Was tepile Permits
SU B JECT/PR OPOSAL/R EQUEST:
Information regarding the County’s application for
Emergency Debris Was tepile Permits
STAFF CONTACT(S):
Mess rs. Tucker, Foley, D avis, Shadman, Freitas,
Mullaney , and Matt Smith
LEGAL R EVIEW : Yes
A GENDA DATE:
June 3, 2009
A C TION: IN FORMATION:
C ON SENT A GENDA:
ACTION : IN FORMATION: X
A TTACHMENTS: No
R EVIEW ED B Y:
B A C K GR OU N D :
The County is v ulnerable to severe w eather hazards s uch as tropical storms, hurricanes and tornadoes that have the
potential for generating large quantities of debris which, in extreme cases, may overwhelm the capacity of local
disposal facilities . This occurred in September 2003 as a result of H urricane Isabel. Immediately after that event the
C ounty, through the Department of Environmental Quality (DEQ), obtained temporary permits to establish emergency
debris was tepiles at four parks. To be better prepared to meet the challenges as sociated with such events in the
future, staff is purs uing the preselection of those four sites for future use.
STRATEGIC PLAN:
Goal Two: Protect the County’s Natural Resources
D ISC U SSION:
The Virginia Solid Waste Regulations provide for the permitting of temporary sites to be us ed for the storage and
processing of solid waste in the aftermath of a disas ter. Once activated, permits are valid for 90 days . A locality may
select the site either before an emergenc y (“PreSelected” site) or immediately after an emergency (“Post Emergency”
site).
Prior to an emergency, a locality may identify and apply for site preselection by completing and submitting the
appropriate DEQ application. The application details points of contact, proposed s ite location, and site characteristics.
The application process requires the locality to hold a public meeting to answer questions and to receive comments
from the general public. A record of the public meeting is submitted with the application. Onc e approved by DEQ, the
permit may be activated upon a verbal request by the locality.
Alternatively, a locality may identify a site after a disaster. The locality must provide the s ame information to DEQ as
it would for a “PreSelec ted” site permit, although the information may be submitted verbally, with the w ritten
application being submitted within five days. W ithin five days of the application a public notice must be published
announcing the locality’s intent to open a temporary facility . If the application receiv es DEQ approval, a permit will be
issued.
The advantage to “PreSelected” sites is timing. Operations are typically hectic immediately following a dis aster, and
having preapproved sites c an save v aluable staff time and allow sites to be immediately available. D epending on the
extent of a dis aster, and DEQ’s resulting w ork load, obtaining permit approval for a “Post Emergency” site could take
several days.
Staff will be pursuing the “PreSelection” of four emergency debris wastepile sites to handle vegetative debris:
• Walnut Creek Park
• Mint Springs Valley Park
• D arden Towe Park
• C hris Greene Lake Park
These sites were also used in 2003 follow ing Hurricane Isabel.
B U D GET IMPACT:
The c ost of advertising for the requisite public meeting will be approximately $200.00. There is also the indirec t cost of
staff time required to complete the applic ations and to prepare for and conduct the public meeting.
R ECOMMEN D A TIONS:
R ECOMMEN D A TIONS:
This is provided for the Board’s information. N o action is necessary.
Ret urn to c ons ent agenda
Ret urn to regular agenda
COUNTY OF ALBEMARLE
EXECUTIVE SUMMARY
AGENDA TITLE:
Albemarle County Sheriff’s Office 200809 Game
Enforcement Summary
SUBJECT/PR OPOSAL/REQUEST:
Presentation of Albemarle County Sheriff’s
Office 200809 Game Enforcement
Efforts/R esults
STAFF CON TA CT(S):
Messrs Tucker, Elliott, Davis; and Sheriff
Harding
LEGAL R EVIEW: Yes
AGENDA DA TE:
June 3, 2009
ACTION: INFORMATION:
CON SENT A GEND A:
A CTION: INFORMATION: X
ATTACH MEN TS: Yes
REVIEW ED BY:
BACK GROUND :
In respons e to citizen concerns regarding illegal hunting, the Board began appropriating supplemental funding for the
Sheriff’s Department beginning in fisc al y ear 1999 to support enforcement efforts of the state game warden. During
each deer hunting seas on, the Albemarle C ounty Sheriff’s Office conduc ts game enforcement efforts to ensure
compliance with State and C ounty hunting laws. These activities inc lude patrolling the C ounty to verify that hunters
are properly licensed, responding to E911 calls for serv ice from concerned citizens, is suing w arnings/s ummonses,
conducting special operations and seizing property. The attached report provides the 20082009 hunting season
statistic s.
STRA TEGIC PLAN:
Goal 1: Enhance the Quality of Life for All C itizens
DISCU SSION :
During the 200809 hunting season, the Albemarle C ounty Sheriff’s Offic e checked a total of 123 hunters with 59 of
these c hec ks resulting from calls from c oncerned citizens. Of the 59 calls received from citizens, 21 were
complaints of trespass ing, 21 were shots fired/heard by land owners , 12 w ere complaints of road hunting, and 5
were complaints of spot lighting. Twenty seven (27) summonses w ere issued for illegal hunting during this period by
the Sheriff’s Office and a 96.4 percent conviction rate was achieved in the prosecution of these violations. In
addition to work performed by the Sherriff’s Office, the state game warden’s office received 41 calls for service
during this period. The Sheriff’s Office als o engaged in special operations utilizing decoys, stake outs and increased
patrols in k now n trouble areas of the County. C ollectiv ely, enforcement activities included 56 shifts during a 14 day
period and a total of 515 staff hours which aided in ensuring compliance with state and county hunting laws.
BUDGET IMPACT:
The FY2009 Operating Budget allocated approximately $16,000 to the Sheriff’s Offic e for game enforcement
activities with the majority of these funds earmarked primarily for overtime expenses.
RECOMMENDA TION S:
This report is for information only.
ATTAC HMENTS
A – 20082009 Game Enforcement R eport
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Albemarle County Sheriff Office
200809
Game Enforcement
Final Report
4/15/09
Game Enforc e ment Activities as of 1/6/09 200708
Hunting violations 28 63
Hunting warnings 12 16
Hunters c hec ke d 123 254
Ca lls for service 59 64
Public conta ct 143 104
Dec oy dee r ope ra tions 3 6
Spe c ia l Obse rvations 12 26
Dee r c he c ke d 6 8
Be ar c hec ked 2 1
Traffic summons issue d 8 8
C alls for ser vic e
Trespa ssing 21 31
Road H unting 12 9
Spot Lighting 5 2
Shots fired 21 22
Summary
The data above does not include the 41 calls r ec e ive d by the loc al game war de n.
Enfor c eme nt inc lude d 56 shifts in 14 days for a total of 515 man hour s.
Traffic summons r e sulte d in 100% convic tions.
Game enforc eme nt prose c utions r esulted in 27 convictions out of total of 28 c ase s.
Project Manager, Deputy Lawrence Martin
Return to exec summary
COUNTY OF ALBEMARLE
EXECUTIVE SUMMARY
AGENDA TITLE:
Animal Noise Ordinance Update
SUBJECT/PR OPOSAL/REQUEST:
Report on barking dog c omplaints since adoption
of animal noise ordinance.
STAFF CON TA CT(S):
Messrs: Tucker, Elliott, D avis, Miller, Allen, and
Mainzer
LEGAL R EVIEW: Yes
AGENDA D ATE:
June 3, 2009
AC TION: INFOR MA TION:
CONSEN T AGEN DA:
ACTION: INFOR MA TION: X
ATTACHMENTS: No
REVIEWED BY:
BACK GROUND :
On June 11, 2008, the Board amended Chapter 4, Animals and Fowl, of the County Code by adding Article VI,
Animal Noise. At that time, the Board requested that staff provide a tw elve month report on the impact of the
ordinanc e.
STRA TEGIC PLAN:
Goal 1. Enhance the Quality of Life for all Albemarle County Residents.
Goal 2. Effectively Manage the County ’s Grow th and D evelopment.
DISCU SSION :
Between June 11, 2008 and April 30, 2009, fortyseven (47) barking dog noise complaints were reported to the
Police Department. Of these complaints, sixteen (16) were reported in 2008 w hile thirty one (31) have been
submitted thusfar in 2009. The number of barking dog c omplaints receiv ed in 2007 totaled seventyone (71) and
in 2006 fiftyfour (54) were filed.
Since adoption of this ordinance, four w ritten Incident Based R eports have been completed. The majority of
citizen c omplaints are resolved by Animal Control Officers (ACOs) providing information to citizens on the
provisions of the animal noise ordinance. Most are handled by phone as an information call for service. Very
few citiz en complaints have required an onsite visit by an ACO or Police Officer. An updated brochure titled
“Do You Have a Barking D og Problem?” (Attachment A) was prepared after the adoption of the animal noise
ordinanc e. This brochure is regularly provided to citiz ens by ACOs.
Two cases have been adjudicated through the Albemarle C ounty General D istrict Court in the past 12 months.
One of these cases was an officer initiated arrest in whic h a summons was issued to a dog owner for a violation
observed by the officer. This involved a dog that was barking excessiv ely in a park ed and unattended vehicle in
an apartment community . The dog ow ner subsequently pleaded guilty and paid a $30.00 fine plus $71.00 in
court c osts. The second c ase involv ed a private citizen who obtained a summons from the magistrate. This
case was s uccessfully diverted to mediation by the General D istrict Court.
According to the ACOs , most citizens are aware that there is an animal noise ordinanc e that address es barking
dogs; however, are generally not familiar with the provisions of the ordinance. Some complainants are unw illing
to go through the required steps and are also unwilling to obtain a summons, even with assistance from an
ACO. There has also been some frus tration express ed by complainants in regard to the five acre ex clusion for
property z oned R ural Areas where bark ing dog owners are keeping their dogs on or near the property line of the
complainant, but because the dog is located on more than five acres of property in the Rural Areas, the noise is
exempt under the ordinance.
BUDGET IMPACT:
There has been no signific ant increase in the workload of the Animal C ontrol Officers or Police Offic ers since
adoption of the animal nois e ordinance.
RECOMMENDA TION S:
Staff supports the continuation of an animal noise ordinance. However, staff recommends that the Board evaluate
the five ac re Rural Areas exemption during the update of Chapter 4, Animals and Fowl.
ATTAC HMENTS:
A – “Do You Have a Barking D og Problem?” Brochure
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COUNTY OF ALBEMARLE
EXECUTIVE SUMMARY
AGENDA TITLE:
Crozet Library Update
SU BJECT/PROPOSAL/REQUEST:
Approval of Schematic Design for Crozet Library
STAFF CONTACT(S):
Messrs. Tucker, Foley, Elliot, Davis, Letteri, and
Ms. Catlin
LEGA L REVIEW: Yes
AGEN DA DA TE:
June 3, 2009
AC TION: X IN FORMATION:
CONSENT AGENDA:
ACTION: INFORMA TION :
ATTACHMENTS: No
REVIEWED BY:
BACKGROUND :
I n D ec ember of 2004, the Board adopt ed t he C roz et Mas t er Plan, w hic h inc luded a new C roz et Library t o provide
enhanc ed library s erv ic es t o t he community and t o s erv e as a c at aly s t f or redev elopment in dow nt ow n C roz et . I n
N ov ember of 2006, t he Board authoriz ed t he des ign and c ons t ruc tion of t he library, w hic h is now in the f ormal des ign
s t age and s c heduled t o be under c ons t ruc tion by t he s ummer of 2011.
I n May of 2008, t he Board approved the f ormat ion of t he C roz et Library St eering C ommit t ee t o f ac ilit at e t he
engagement of s t ak eholders and t he public , t o ev aluat e and balanc e t he v arious needs and objec t iv es , and t o
ov ers ee t he s c hemat ic des ign phas e of t he projec t. The C ommit t ee’s ult imat e charge is to dev elop a pref erred
design opt ion f or rec ommendat ion t o t he Planning C ommis s ion and t he Board of Superv is ors .
The C ommitt ee began its w ork in J uly of 2008 and, w it h t he as s is t anc e of s taf f and t he des ign t eam of Grimm and
Park er, has dev eloped guiding princ iples and a building program and has c onsidered sev eral s ite and building des ign
s c hemes f or t he Library . Planning s t af f has prov ided guidanc e on mas ter plan and z oning is s ues and the
Arc hit ec tural R ev iew Board and Planning C ommis s ion w ere als o c ons ult ed during t he proc es s. The w ork in progres s
design w as review ed w it h t he Board during it s March 4, 2009 meet ing.
Sum mary of Major Mi l estones
STRATEGIC PLAN :
Goal 1 Enhanc e Qualit y of Lif e f or All C it iz ens
Goal 4 Ef fec t iv ely Manage Grow th and D ev elopment
DISCUSSION:
The purpose of this Agenda item is to pres ent a pow er point pres ent at ion to t he Board t hat inc ludes a propos ed
s c hematic des ign of t he C rozet Library projec t and a rec ommendat ion from the Library S t eering C ommitt ee t o proc eed
into t he C ons truc tion D raw ing and s it e plan phas e of t he projec t.
BUDGET IMPACT:
Current budget estimates indicate no budget impact is anticipated based on the current design and current market
conditions indicate a potential savings to the project if it can proceed to bid in a timely fashion. An independent budget
assessment is being ordered to validate the architects cost estimates. Current appropriations are adequate to cover the
remaining project activities to complete the design and construction administration phase.
RECOMMENDA TION S:
Staff and the Library Steering Committee requests the Board approve the schematic design as presented and to direct staff
to proceed to Construction Design.
Return to regular agenda
COUNTY OF ALBEMARLE
EXECUTIVE SUMMARY
A GEN DA TITLE:
Ordinance Amendment – C hapter 4, Animals and
Fowl
SU BJECT/PROPOSA L/REQUEST:
Set public hearing to consider a proposed
ordinance to amend Chapter 4, Animals and Fowl
to bring it into compliance with state code.
STA FF CONTAC T(S):
Messrs . Tuck er, Elliot, D avis, and Ms. Lyttle
LEGAL REVIEW: Yes
AGENDA DATE:
June 3, 2009
ACTION: INFORMATION:
CONSEN T AGENDA:
ACTION: X INFORMATION:
ATTACHMENTS: Yes
REVIEW ED BY:
BAC KGROUND :
The 2008 General Assembly recodified Title 3.1 of the Virginia Code which included the enabling authority for local
animal laws. Effec tive October 1, 2008, Title 3.2 replaced the provisions of Title 3.1. C hapter 4, Animals and Fow l, of
the Albemarle County Code merits a c omprehensiv e update to ensure c onformance with s tate law and to properly
reference the recodified Virginia Code animal laws.
STRATEGIC PLAN:
Goal 1. Enhance the Quality of Life for all Albemarle County Residents.
Goal 4. Effectively Manage the County’s Growth and Development.
DISCUSSION:
The attached draft ordinance (Attachment A) reorganizes and updates Chapter 4, Animals and Fowl. The proposed
changes to Chapter 4 encompass both housekeeping and substantive c hanges. The draft ordinance provides a brief
annotated ex planation for each change. The housekeeping changes inc lude reorganizing and renumbering the articles,
divisions and sections of Chapter 4, amending the wording of existing provisions to mirror Virginia Code language, and
amending the state law referenc es to reflect the newly codified Virginia C ode sections. The key substantive changes in
the draft ordinance are:
Section 4100 Definitions. Addition of “clearly visible sign,” “commercial dog breeder,” “foster care provider” and
“properly cleaned”. Adoption of the definition for “commercial dog breeder” is mandated by Virginia Code, and
except for “clearly visible sign”, these new definitions all mirror the Virginia Code definitions. The Sec tion 4100
(15), ”clearly visible sign” definition is included at the request of animal control to clarify a requirement of section
4219, Dangerous and vicious animals, which requires the owner of a dangerous dog to post c learly visible signs
at the owner’s residence warning minors and adults of the pres ence of a dangerous dog on the property.
Section 4105 Care of companion animals; penalty. Addition of Virginia Code § 3.26503 requirements w hich
require ow ners of companion animals to provide adequate feed, w ater, shelter, space, exercise, care, treatment
and veterinary care to their companion animal. This section is also applicable to all pounds, animal s helters,
releasing agencies, fos ter care providers, animal dealers , pet s hops, kennels, groomers and boarding
establishments. The Virginia Code enables localities to adopt an ordinance w ith these s pecific animal care
requirements and these requirements have been added at the request of animal control.
Section 4106 Noise from animals; penalty. A rec ent Virginia Supreme Court ruling in Tanner v. City of
Virginia Beach held that the “reasonable person” standard in the Virginia Beach noise ordinance was v ague and
unconstitutional. Section 4106(A) has been amended by removing the “reasonable” person standard which is
stated as “unreas onably disturbs the peace and quiet, comfort, or repose of any person” and inserts an objective
standard w hich states that the excessive, continuous and untimely noise must be “audible on the property of the
complainant”. A minor amendment was also made to section 4106(C), at the request of the SPCA, by replacing
“SPCA” with “animal shelter”. The Police Department recommends that animal noise continue to be regulated.
One issue for discussion is whether the five acre Rural Areas exception remains appropriate.
Section 4107 Abandonment of animals; penalty. Addition of Virginia Code § 3.26504 provisions, which
regulate the abandonment of any animal, and deems abandonment of an animal to be punishable as a class 3
misdemeanor with a fine of up to $500.00. Releasing an animal to a pound, animal shelter or other such agency
shall not be considered abandonment. This prov ision has been added at the request of animal control.
Section 4200 Running at large prohibited. Currently, running at large is prohibited only in certain areas of the
Section 4200 Running at large prohibited. Currently, running at large is prohibited only in certain areas of the
County as designated by the Board and specifically listed in the ordinance. The list of prohibited areas has
increased over the years and animal control has had difficulty determining which areas of the County the
ordinance is applicable to, thus rendering it difficult to enforce the ordinance. At the request of animal control,
Sec tion 4200 has been amended to prohibit running at large throughout the County, except in areas zoned R ural
Areas D istrict; however, areas zoned Rural Areas D istric t which were prev iously identified as a no running at
large area will remain a prohibited running at large area and are listed as such in section 4200(A). At the
suggestion of animal control, an exemption has been added that a dog is not deemed to be running at large if it is
on a bona fide hunt during hunting season accompanied by a licensed hunter or during field trials or training
periods w hen accompanied by its owner. Lastly, specific authority has been included to provide that if a dog is
observed or captured by animal control while running at large, the dog will be impounded in accordance with the
impoundment provisions, section 4300 et s eq., of this ordinanc e.
Section 4202 Compensation for livestock and poultry killed by dogs. Addition of Virginia C ode § 3.26553
provisions which set forth the procedures and maximum compensation that an animal owner may seek for
lives tock, poultry or fowl killed by a dog. These procedures and compensation have been available to such
animal owners pursuant to the Virginia Code, and has been added to the ordinance at the suggestion of animal
control in order to more readily inform such animal ow ners of available procedures and remedies, w hile also
providing continuity w ith section 4201, Dogs killing, injuring or chasing lives tock or poultry—Generally.
Article II, D ogs and Other Animals, Division 3, Commercial Breeders. The Virginia Code mandates that all
localities adopt the prov isions and requirements of Virginia C ode § 3.26507.1 et s eq., which sets forth the
licensing and bus iness practic e requirements for commercial dog breeders. The requirements include: obtaining
a valid business license for commerc ial dog breeding; maintaining no more than 50 dogs over the age of 1 year at
any time; obtaining an annual certification from a licensed veterinarian for female dogs between the ages of 18
months and 8 years, with such certification stating that the dog is suitable for breeding; disposing of only by gift,
sale, transfer, barter or euthanasia by a lic ensed veterinarian; and maintaining acc urate records of the
commercial breeding operation for at least five years. Violations of these requirements are punishable as a c lass
1 misdemeanor with a fine of up to $1000.00 or up to 12 months in prison.
Section 4301 Impoundment; expenses; lien; disposition of animal. Addition of Virginia Code § 3.26565
provisions which authorize animal control or law enforcement officers to impound an animal whose owner has
failed to provide appropriate and adequate c are to an animal, w hich renders the animal in such a condition that it
constitutes a direct and immediate threat to its life, safety or health, and whose owner has failed to remedy the
condition and situation. This provision has been added at the request of animal c ontrol.
Section 4401 Rabid animals, emergency ordinance. Addition of Virginia Code § 3.26522 provisions w hich
address rabid animals. The provisions authorize confinement of animals suspected to be rabid, and when there
is sufficient reason to believe a rabid animal is at large, authorizes the Board of Supervisors to adopt an
emergency ordinance requiring owners of all dogs and c ats to keep their dogs or c ats confined to prev ent the
animals from being bitten by the rabid animal. In addition, any person having knowledge of the existence of an
animal that is afflicted w ith rabies is required to immediately report the information to the
Charlottes ville/Albemarle H ealth Department. Violation of this section is punishable as a class 1 misdemeanor
with a fine of up to $1000.00 or up to 12 months in prison. This has been added to prov ide the County w ith the
necessary powers to protect the public’s health and safety as it relates to rabid animals.
The County c urrently does not regulate w ild, exotic, poisonous and venomous animals (w ild animals), nor animal conduct
that might be defined as a nuisance. In reviewing other localities’ ordinances, such regulations are often included in local
animal ordinances. There are a variety of ways in which other localities regulate wild animals, w hich include an outright
ban of such animals, to allow ing certain w ild animals to be kept in the locality after receiving a permit from animal control.
An ordinance regulating nuisance animal conduct, such as animals des troying property or chasing bicyc lists, is desired
by animal c ontrol. What s pecific types of animal conduc t appropriate to be regulated is still being reviewed by animal
control. If the Board desires regulation of wild animals and/or nuisance animal conduct, draft ordinances can be brought
to the Board at a later date for consideration.
BUD GET IMPACT:
Staff anticipates limited additional enforcement by animal control officers under the propos ed ordinance and, therefore,
anticipates that there should be a minimal budget impact.
RECOMMENDA TIONS:
Staff recommends that the Board authorize a public hearing for the attached proposed ordinance for a July meeting date.
Direction from the Board is requested if any additional modifications to the animal noise ordinanc e are desired.
Additionally , staff requests that the Board provide guidance on w hether there is interest in staff proceeding w ith future
ordinance amendments to regulate nuisance animal behavior, and/or wild, exotic, poisonous and venomous animals.
ATTACHMENTS
A Draft Ordinance
A Draft Ordinance
Return to regular agenda
ORDINANCE NO. 094(1)PRI VATE
AN ORDI NANCE TO AMEND AND RE ORDAIN CHAPT ER 4, ANIMALS AND FOWL, OF THE CODE OF T HE
COUNTY OF AL BE MARLE, VIRGINIA.
BE IT ORDAINE D By the Board of Supervisors of the County of Albemarle, Virginia, that Chapter 4, Animals and
Fowl, is hereby amended and reordained as follows:
By Amending:
Sec. 4100 Definitions
Sec. 4101 E nforcement of animal laws; penalties
By Renum bering:
Sec. 4102 Boundary lines declared lawf ul fences; animals to Sec. 4103
running at large beyond boundaries of own land
Sec. 4202 Duty of animal control officer or other off icer to Sec. 4102
upon finding stolen, etc., dogs
Sec. 4209 Unauthorized r emoval of collars or tags to Sec. 4203
Sec. 4210 Harboring or concealing untaxed or mad dogs to Sec. 4204
Sec. 4211 Diseased dogs to Sec. 4205
Sec. 4212 Female dogs in season to Sec. 4206
Sec. 4300 Dog license required to Sec. 4207
Sec. 4301 Procedure for obtaining licenses to Sec. 4208
Sec. 4302 What license shall consist of; evidence of r abies to Sec. 4209
Vaccination; duplicate tags
Sec. 4303 Veterinarians to provide tr easurer with rabies to Sec. 4210
certificate information; civil penalty
Sec. 4304 Amount of license tax to Sec. 4211
Sec. 4305 When license tax payable, valid to Sec. 4212
Sec. 4306 Payment of license tax subsequent to summons to Sec. 4213
Sec. 4307 E ffect of dog not wearing collar and tag as evidence to Sec. 4214
Sec. 4308 Display of receipts; collar and tag to be worn; penalties to Sec. 4215
Sec. 4501 T ag showing vaccination r equired on dogs at large to Sec. 4403
Sec. 4504 Applicability of article to Sec. 4406
By Amending and Renumbering:
Sec. 4200 Dogs deemed personal proper ty; rights relating thereto to Sec. 4104 Dogs and cats deemed
and Sec. 4201 Unlawful killing of dogs personal property
Sec. 4201 Unlawful killing of dogs to Sec. 4104
Sec. 4203 Dogs killing, injuring or chasing livestock or to Sec. 4201
poultryGenerally.
Sec. 4204 Dogs killing, injuring or chasing livestock or to Sec. 4302 Dogs killing, injuring or
poultryImpoundment and disposition chasing livestock or poultry
Impoundment and disposition
Sec. 4205 Disposition of unlicensed dogs to Sec. 4303 Disposition of unlicensed
dogs; running at large
Sec. 4206 Disposition of carcasses to Sec. 4109 Disposition of companion
animal carcasses
Sec. 4207 Cruelty to animals; penalty to Sec. 4108
Sec. 4208 Duties of animal control off icer s; seizures and to Sec. 4300
impoundments of animals; notice and hearing;
disposition of animals
Sec. 4213 I n certain areas to Sec. 4200 Running at large prohibited
Sec. 4302 What license shall consist of; evidence of r abies to Sec. 4209
vaccination; duplicate tags
Sec. 4400 Definitions and Sec. 4401 Dangerous dogs; to Sec. 4219 Dangerous and
vicious
vicious dogs animals
Sec. 4500 Vaccination of dogs and cats r equired to Sec. 4400
Sec. 4502 Confinement of animals suspected of having to Sec. 4401 Rabid animals; emer gency ordinance
rabies or of being in close proximity
to animals having rabies and Sec. 4503 Confinement
of animals which have bitten per sons
Sec. 4601 Noise from animals; Sec. 4602 Complaints of to Sec. 4106 Noise f rom animals; penalty
animal noise; and Sec. 4603 Penalty for violations
By Adding:
Sec. 4104 Dogs and cats deemed personal property; rights relating thereto
Sec. 4105 Care of companion animals
Sec. 4107 Abandonment of animal; penalty
Sec. 4110 Reserved.
Sec. 4202 Compensation for livestock and poultry killed by dogs
Sec. 4216 Business license required
Sec. 4217 Commercial dog breeding; requirements
Sec. 4218 Violations; penalty
Sec. 4301 I mpoundment; expenses; lien; disposition of animal
Sec. 4401 Rabid animals; emergency
Sec. 4402 I noculation f or r abies at animal shelters
PRI VATE CHAPTER 4. ANIMALS AND FOWLtc \l 1 "CHAP TER 4. ANIMALS AND F OWL"
ARTICLE I. IN GENERAL
Sec. 4100 Definitions.
The following words as used in this chapter shall have the following meanings:
(1) Abandon. T he term "abandon" means to desert, f orsake, or absolutely give up an animal without having
secured another owner or custodian f or the animal or by failing to provide the elements of basic care as set forth in
Virginia Code § 3.26503 3.1796.68 for a period of five (5) consecutive days.
(2) Adequate care or care. T he term "adequate care" or "car e" means the responsible pr actice of good animal
husbandry, handling, pr oduction, management, confinement, feeding, watering, protection, shelter , transportation,
treatment, and, when necessary, euthanasia, appropriate for the age, species, condition, size and type of the animal and
the provision of veterinar y care when needed to prevent suf fering or impairment of health.
(3) Adequate exercise. The term "adequate exercise" or "exercise" means the opportunity for the animal to
move suf ficiently to maintain normal muscle tone and mass for the age, species, size, and condition of the animal.
(4) Adequate feed. T he term "adequate feed" means access to and the provision of food which is of sufficient
quantity and nutr itive value to maintain each animal in good health; is accessible to each animal; is prepared so as to
permit ease of consumption for the age, species, condition, size and type of each animal; is provided in a clean and
sanitar y manner; is placed so as to minimize contamination by excrement and pests; and is provided at suitable
intervals for the species, age, and condition of the animal, but at least once daily, except as prescribed by a veterinar ian
or as dictated by natur ally occurring states of hibernation or fasting normal for the species.
(5) Adequate shelter. T he term "adequate shelter" means provision of and access to shelter that is suitable for
the species, age, condition, size, and type of each animal; provides adequate space for each animal; is safe and
protects each animal from injury, rain, sleet, snow, hail, direct sunlight, the adverse eff ects of heat or cold, physical
suffering, and impairment of health; is pr operly lighted; is properly cleaned; enables each animal to be clean and dr y,
except when detrimental to the species; and, f or dogs and cats, provides a solid surface, resting platform, pad,
floormat, or similar device that is large enough for the animal to lie on in a nor mal manner and can be maintained in a
sanitar y manner. Under this chapter, shelters whose wire, grid, or slat floors (i) per mit the animals' feet to pass
through the openings, (ii) sag under the animals' weight, or (iii) other wise do not protect the animals' f eet or toes from
injury ar e not adequate shelter.
(6) A dequate space. The term "adequate space" means sufficient space to allow each animal to (i) easily stand,
sit, lie, turn about, and make all other normal body movements in a comfortable, normal position for the animal and
(ii) inter act safely with other animals in the enclosure. When an animal is tethered, "adequate space" means a tether
that permits the above actions and is appropriate to the age and size of the animal; is attached to the animal by a
proper ly applied collar, halter, or harness configured so as to protect the animal fr om injury and prevent the animal or
tether f rom becoming entangled with other objects or animals, or from extending over an object or edge that could
result in the strangulation or injury of the animal; and is at least three times the length of the animal, as measured
from the tip of its nose to the base of its tail, except when the animal is being walked on a leash or is attached by a
tether to a lead line. When freedom of movement would endanger the animal, temporarily and appropriately
restricting movement of the animal according to professionally accepted standar ds for the species is considered
provision of adequate space.
(7) A dequate water. The term "adequate water " means provision of and access to clean, fresh, potable water
of a drinkable temperatur e which is provided in a suitable manner, in sufficient volume, and at suitable intervals, but at
least once every twelve (12) hours, to maintain normal hydration f or the age, species, condition, size and type of each
animal, except as prescr ibed by a veterinarian or as dictated by naturally occurring states of hiber nation or fasting
normal f or the species; and is provided in clean, durable r eceptacles which are accessible to each animal and are placed
so as to minimize contamination of the water by excr ement and pests or an alternative source of hydr ation consistent
with generally accepted husbandry practices.
(8) Adoption. T he term "adoption" means the tr ansfer of ownership of a dog or cat, or any other companion
animal, from a releasing agency to an individual. **Amended to mirror Code of V irginia definition.
(9) A gricultural animals. T he ter m "agricultural animals" means all livestock and poultry.
(10) Ambient temperature. T he term "ambient temperature" means the temperature surrounding the animal.
(11) Animal. T he term "animal" means any nonhuman vertebr ate species except fish. For the purposes of
Article IV, Rabies Control, animal shall mean any species susceptible to rabies. For the purposes of section 4111,
animal shall mean any nonhuman vertebrate species including fish captured and killed or disposed of in a reasonable
customary manner. domestic animal, including both agricultural and companion animals, if not specified otherwise.
For the purposes of article IV, “animal” means any species susceptible to rabies. **Amended to mirror Code of
Virginia definition.
(12) Animal shelter. The term "animal shelter" means a facility, other than a pr ivate residential dwelling and
its surrounding grounds, which is used to house or contain animals and which is owned, operated, or maintained by a
nongover nmental entity, duly incorporated humane society, animal welfare society, society for the prevention of
cruelty to animals, or other nonprofit organization devoted to the welf are, protection, and humane treatment of
animals. **Amended to mirror Code of V irginia definition.
(13) A nimal control officer. The term "animal control officer" means any person employed, contracted, or
appointed by the Commonwealth or any political subdivision f or the purpose of aiding in the enforcement of any other
law or or dinance relating to the licensing of dogs, control of dogs and cats, cruelty to animals, or seizure and
impoundment of companion animals and includes any state or county police officer, animal control officer, sher if f or
other employee whose duties in whole or in part include assignments which involve seizure or taking into custody of
any dog or other animal.
(14) Boarding establishment. The term "boar ding establishment" means a place or establishment other than a
pound or animal shelter where companion animals not owned by the proprietor are sheltered, fed, and watered in
exchange f or a fee.
(15) Clearly visible sign. T he term “clearly visible sign” means a sign that is (i) unobstr ucted f rom view, (ii)
contains legible writing, and (iii) may be read by an person without assistance while standing ten feet away from the
sign. New term to provide clarity to a requirement in Dangerous Dog provision.
(16) (15) Collar. The ter m "collar" means a wellfitted device, appropriate to the age and size of the animal,
attached to the animal's neck in such a way as to prevent trauma or injury to the animal.
(17) Commercial dog breeder. The term “commercial dog breeder” means any person who, during any
twelve (12) month period, maintains thirty (30) or mor e adult female dogs for the pr imary purpose of the sale of their
offspring as companion animals. **New term to mirror Code of V irginia and is required pursuant to Code of Virginia
to coincide with A rticle I I Dogs and Other Animals, Division 3. Commercial Breeders.
(18)(16) Companion animal. The term "companion animal" means any domestic or feral dog, domestic or
feral cat, nonhuman primate, guinea pig, hamster, rabbit not raised for human food or fiber, exotic or native animal,
reptile, exotic or native bird, or any f eral animal or any animal under the care, custody, or ownership of a person or
any animal which is bought, sold, traded, or bartered by any person. Agricultural animals, game species, or any
animals r egulated under federal law as research animals shall not be considered companion animals for the pur poses of
this chapter.
(19)(17) E nclosure. T he term "enclosure" means a structure used to house or r estrict animals from running at
large.
(20)(18) Euthanasia. The term "euthanasia" means the humane destruction of an animal accomplished by a
method that involves instantaneous unconsciousness and immediate death or by a method that involves anesthesia,
produced by an agent which causes painless loss of consciousness, and death during such loss of consciousness.
(21) Foster care provider. T he term “f oster care provider ” means an individual who provides care or
rehabilitation for companion animals through an affiliation with a pound, animal shelter , or other releasing agency.
**New term and mirrors Code of Virginia definition.
(22)(19) Hearing dog. The term “hearing dog” means a dog trained to alert its owner by touch to
sounds of danger and sounds to which the owner should r espond.
(23) Injury. T he term “injury” means any superficial cut, scratch, scrape, or minor tear to the skin, or any
bruise to bone or skin ar ea. An injury shall be presumed to have occurred when a dog knocks a person to the ground
or tears that per son's clothing or any possession on his or her per son. **Term which was previously defined in
Dangerous dogs and vicious dogs section.
(24)(20) Kennel. T he term “kennel” means any establishment in which five (5) or more canines,
felines, or hybr ids of either are kept for the purposes of breeding, hunting training, r enting, buying, boar ding, selling,
or showing.
(25) Leash. T he term “leash” means any rope, strap, chain, or other mater ial not exceeding four (4) feet in
length, being held in the hand of a person capable of controlling the dog to which it is attached. **Term which was
previously defined in Dangerous dogs and vicious dogs section.
(26)(21) Livestock. The ter m "livestock" includes all domestic or domesticated: bovine animals; equine
animals; ovine animals; porcine animals; cer vidae animals; capradae animals; animals of the genus Lama; ratites;
fish or shellfish in aquaculture facilities, as defined in Virginia Code § 3.22600 3.173.6; enclosed domesticated
rabbits or hares raised for human food or fiber; or any other individual animal specifically raised for food or fiber,
except companion animals. **Amended to reflect change in Code of Virginia reference.
(27)(22) Owner. The term "owner" means any per son who: (i) has a right of property in an animal, (ii) keeps
or harbors an animal, (iii) has an animal in his care, or (iv) acts as a custodian of an animal.
(28)(23) P erson. The term "per son" means any individual, par tnership, firm, jointstock company,
corpor ation, association, trust, estate, or other legal entity.
(29)(24) Poultry. T he term “poultry" includes all domestic fowl and game birds raised in captivity.
(30)(25) Pound. T he term "pound" means a facility operated by the Commonwealth, or county for the
purpose of1impounding or harboring seized, stray, homeless, abandoned, or unwanted animals; or a facility operated
for the same purpose under a contract with any county, city, town, or incor porated society for the prevention of cruelty
to animals.
(31)(26) Primary enclosure. The term "primary enclosure" means any structure used to immediately restr ict
an animal or animals to a limited amount of space, such as a room, pen, cage, compartment, or hutch. For tethered
animals, the term includes the shelter and the area within r each of the tether.
(32) Properly cleaned. The term “properly cleaned” means that carcass, debris, food waste and excrement are
removed from the primary enclosure with sufficient f requency to minimize the animals’ contact with the above
mentioned contaminants; the primary enclosure is sanitized with sufficient frequency to minimize odors and the
hazards of disease; and the primary enclosur e is cleaned so as to prevent the animals confined therein from being
directly or indirectly sprayed with the stream of water, or directly or indirectly exposed to hazardous chemicals or
disinfectants. **New term to mirror Code of Virginia and to coincide with Sec. 4105 Care of companion animals.
(33)(27) R eleasing agency. T he term “releasing agency” means a pound, animal shelter, humane society,
animal welfar e organization, society for the prevention of cr uelty to animals, or other similar entity or homebased
rescue, that releases companion animals f or adoption.
(34) Serious injury. The term “serious injury” means any bodily injury for which medical attention was
sought and obtained, which involves a ser ious laceration r equiring stitches to more than one puncture wound or which
is serious in the opinion of a licensed physician. **Term which was previously defined in Dangerous dogs and vicious
dogs section.
(35)(28) Service dog. The ter m “service dog” means a dog trained to accompany its owner for the pur pose of
carrying items, retrieving objects, pulling a wheelchair or other such activities of service or support.
(36)(29) Sterilize or sterilization. T he term "sterilize" or "sterilization" means a sur gical or chemical
procedure performed by a licensed veterinarian that renders a dog or cat permanently incapable of reproducing.
(37)(30) Treatment or adequate treatment. The term "treatment" or "adequate treatment" means the
responsible handling or transportation of animals in the per son's ownership, custody or charge, appropriate for the age,
species, condition, size and type of the animal.
(38)(31) Veterinary treatment. The term "veterinary treatment" means treatment by or on the or der of a duly
licensed veterinarian.
(Code 1967, § 44; 41388; Code 1988, § 44; Ord. 98A(1), 8598; Or d. 094(1), 2409)
S tate law reference—Similar provisions, Va. Code § 3.1796.66 Va. Code §§ 3.26500, 6528.
Sec. 4101 Enforcement of animal laws; penalties.
A. Enf or cement of this chapter is vested in one or more animal control officers appointed by the board
of supervisors as employed by the county police depar tment. When in uniform or upon displaying a badge or other
credentials of office, such officers shall have the power to issue a summons or obtain a felony warrant as necessar y,
providing the execution of such warr ant shall be car ried out by any law enforcement officer as def ined in Virginia
Code § 9.1101, to any person found in the act of violating this chapter, Virginia Code §§ 3.26500 et seq., and all
laws for the protection of animals, and shall exercise all other powers as pr ovided by state law and such other duties as
may be provided by the board of supervisor s.
B. Unless otherwise specified, any person violating violation of a provision of this chapter shall
constitute be guilty of a class 4 misdemeanor, punishable by fine as provided by state law. **Amended to update
current practices and to be in accordance with Code of V irginia language.
(Code 1967, § 45, 41388; § 416; Code 1988, § 45, § 416; Ord 98A(1), 8598; Or d. 094(1), 2409)
State law referencePayment of license tax, subsequent to s ummons, V a. Code § 3.1796.103; punishment for conviction of
misdemeanor, Va. Code §§ 3.26555, 18.211; position of animal control officer created, Va. Code § 3.1796.104.
Sec. 4102 202 Duty of animal control of ficer or other officer upon finding stolen, et c., dogs.
Any animal control off icer f inding a stolen dog or a dog held or detained contrary to law shall have authority
to seize and hold such dog pending action before the general district court or other cour t. If no such action is instituted
within seven (7) days, the animal contr ol of ficer shall deliver the dog to its owner. T he pr esence of a dog on the
premises of a person other than its legal owner shall raise no presumption of theft against the owner of such premises,
but it shall be his duty to notify the animal control officer, and the animal control officer shall take such dog in charge
and notify its legal owner to remove it. The legal owner of the dog shall pay a reasonable charge for the keep of such
dog while in the possession of the animal control officer . **No changes.
(Code 1967, § 48; 41388; Code 1988, § 48; Ord. 98A(1), 8598, § 4202; Ord. 094(1), 2409)
S tate law referenceFor similar state law, see Va. Code § 3.26585 3.1796.127.
Sec. 4103 102 Boundary lines declared lawf ul fences; animals running at large beyond boundaries of own
land.
T he boundar y lines of each lot or tract of land in the county are her eby declared to be a lawf ul fence. It shall
be unlawful f or the owner or manager of any horse, mule, swine, sheep, goat or cattle of any description to permit any
such animals to run at large beyond the boundaries of their own land. **No changes.
(Code 1967, § 41; Code 1988, § 41; Ord. 98A(1), 8598, § 4102; Ord. 094(1), 2409)
St at e law reference—“NoFence” law, Code of Va., Va. Code §§ 55310 306 55316; and 18.2121.1; damages for tr espass by animals in
crossing lawf ul f ences, Code of Va., §§ 55306 to 55309.
Sec. 4104 200 Dogs and cats deemed personal property; rights relating thereto.
All dogs and cats shall be deemed per sonal property, and may be the subject of prosecutions for larceny and
malicious or unlawful tr espass, and the owners ther eof may maintain any action for the killing of any such dogs
animals, or injury thereto, or unlawful detention or use thereof, as in the case of other per sonal property.
Sec. 4201 Unlawful killing of dogs.
T he owner of any dog or cat that is injured or killed contr ary to the provisions of this ar ticle or state law
chapter or state law by any person shall be entitled to recover the value thereof or the damage done thereto in any an
appropriate action at law from such person. **Amended to mirror Code of Virginia.
(Code 1967, § 46; Code 1988, § 46; Ord. 98A(1), 8598, § 4200; Code 1967, § 407; Code 1988, § 47; Ord. 98
A(1), 8598, § 4201; Ord. 094(1), 2409)
S tate law reference— For similar state law, see Va. Code § 3.1796.127 3.26585.
Sec. 4105 Care of companion animals; penalty.
Each owner shall provide the following for his companion animal:
1. Adequate feed;
2. Adequate water;
3. Adequate shelter that is proper ly cleaned;
4. Adequate space in the primary enclosure for the particular type of animal depending upon its
age, size, species, and weight;
5. Adequate exer cise;
6. Adequate care, treatment, and tr ansportation; and
7. Veterinary car e when needed or to prevent suf fering or disease transmission.
T he provisions of this section shall also apply to every pound, animal shelter, or other releasing agency, and
every f oster care provider, dealer, pet shop, exhibitor, kennel, groomer, and boarding establishment. T his section shall
not require that animals used as food f or other animals be euthanized. **New section per Code of V irginia; verbatim
Code of Virginia language. Incorporated at request of A CO’s.
(Ord. 094(1), 2409)
S tate law reference—Va. Code § 3.26503.
Sec. 4106 601 Noise from animals; penalty.
A. Noise from animals. It shall be unlawf ul and shall be a nuisance for an owner or custodian of an
animal to harbor or keep any animal within the county which frequently or for a continued duration howls, barks or
makes other excessive, continuous or untimely sounds which are audible on the property of a complainant unreasonably
disturbs the peace and quiet, comfor t, or repose of any person in the county; provided however, this section shall not
apply to any animal located on proper ty zoned Rural Areas District of five (5) acres or more, to any animal in an
animal shelter or commercial kennel as defined in chapter 18 of the zoning ordinance, or to sounds caused by livestock
or poultry. For the purposes of this section, “excessive, continuous or untimely sounds” shall mean any howling,
barking or other animal noise which continues for thirty (30) consecutive minutes or more with no cessation of such
sounds for time periods greater than five (5) minutes dur ing the thirty (30) consecutive minutes.
Sec. 4602 B. Complaints of animal noise. Notwithstanding section 4101 of this Code, no person shall be
charged with a violation of this section unless the complainant appears before a magistrate and requests a summons to
be issued. However, when a violation is committed in the presence of an animal contr ol officer or police officer, he
shall have the authority to initiate all necessary proceedings.
Sec. 4603 C. P enalty for violation. A violation of this section shall be punishable as a Cclass 3
misdemeanor, and any owner or custodian of an animal found guilty under this section shall be requir ed to abate the
disturbance. Upon a third conviction within twelve (12) months of any offense under this section involving the same
animal, in addition to imposing a fine, the court shall or der the animal to be removed from any ar ea of the county
covered by this section. If the owner or custodian of the animal fails to comply with such or der within two (2) weeks,
the animal control officer shall seize the animal and offer the animal to the SPCA an animal shelter for adoption in a
home outside of the area of the county covered by this section. **Amendment to the “reasonable person” standard to
ensure compliance with recent ruling in Tanner v. City of Virginia Beach. Replaced “SPCA” with “animal shelter”.
(Ord. 084(1), 61108, § 4601, § 4602, §4603; Ord. 094(1), 2409)
Sec. 4107 Abandonment of animal; penalty.
No person shall abandon or dump any animal. Violation of this section shall be punishable as a class 3
misdemeanor. Nothing in this section shall be construed to prohibit the release of an animal by its owner to a pound,
animal shelter, or other r eleasing agency. **New section per Code of Virginia; mirror Code of V irginia language.
(Ord. 094(1), 2409)
S tate law reference—Va. Code § 3.26504.
Sec. 4108 207 Cruelty to animals; penalty
A. Any person who: (i) overrides, overdrives, overloads, tor tures, illtreats, abandons, willfully inflicts
inhumane injury or pain not connected with bona fide scientific or medical experimentation, or cruelly or unnecessarily
beats, maims, mutilates, or kills any animal, whether belonging to himself or another; (ii) deprives any animal of
necessar y sustenance, food, dr ink, or shelter or emergency veterinary treatment; (iii) willfully causes, instigates,
engages in or in any way furthers any act of cruelty to any animal; or sor es any equine for any purpose or administer s
drugs or medications to alter or mask such soring for the purpose of sale, show or exhibition of any kind, unless such
administration of dr ugs or medications is within the context of a veterinary clientpatent relationship and solely for
therapeutic purposes; (iv) transports, carries or causes to be transported or car ried in or upon any vehicle, vessel or
otherwise any animal in a cruel, brutal or inhumane manner so as to produce tor ture or unnecessary suf fering; or
willfully sets on foot, instigates, engages in, or in any way furthers any act of cruelty to any animal; (v) causes any of
the above, or being the owner of such animal permits such acts to be done by another, shall be guilty of a class 1
misdemeanor. Prosecutions under this paragraph regarding agricultural animals shall commence within one year after
commission of the offense. carries or causes to be carried by any vehicle, vessel or otherwise any animal in cruel,
brutal, or inhumane manner, so as to produce torture or unnecessary suffering; or (vi) causes any of the above things,
or being the owner of such animal permits such acts to be done by another shall be guilty of a class 1 misdemeanor.
In addition to the penalties provided in this subsection, the court may, in its discretion, require any person
convicted of a violation of this subsection to attend an anger management or other appropriate treatment program or
obtain psychiatric or psychological counseling. The court may impose the costs of such a progr am or counseling upon
the person convicted.
B. Any per son who: (i) tor tures, willfully inflicts inhumane injury or pain not connected with bona f ide
scientific or medical experimentation, or cruelly and unnecessar ily beats, maims, mutilates or kills any animal whether
belonging to himself or another; (ii) sores any equine f or any purpose or administers drugs or medications to alter or
mask such soring for the purpose of sale, show, or exhibit of any kind, unless such administration of drugs or
medications is under the super vision of a licensed veterinar ian and solely for therapeutic purposes; (iii) maliciously
deprives any companion animal of necessary food, drink, shelter or emergency veterinary treatment; (iv) instigates,
engages in, or in any way furthers any act of cruelty to any animal set f or th in clauses (i) through (iv); or causes any of
the actions described in clauses (i) through (iv), or being the owner of such animal permits such acts to be done by
another; and has been within five (5) years convicted of a violation of this subsection or subsection A, shall be subject
to prosecution pursuant to Virginia Code § 3.26570 if the current violation or any pr evious violation of this subsection
or subsection A resulted in the death of an animal or the euthanasia of an animal based on the recommendation of a
licensed veterinarian upon determination that such euthanasia was necessary due to the condition of the animal, and
such condition was a direct result of a violation of this subsection or subsection A.
C. Nothing in this section shall be construed to prohibit the dehorning of cattle conducted in a reasonable
and customary manner.
D. For pur poses of this section, the word “animal” shall be construed to include birds and fowl.
D. This section shall not prohibit authorized wildlife management activities or hunting, fishing or
trapping as regulated under the Code of Vir ginia, including T itle 29.1, or to farming activities as provided by this
Code or the Code of Vir ginia.
E. It is unlawful f or any person to kill a domestic dog or cat for the purposes of obtaining the hide, fur
or pelt of the dog or cat. A violation of this subsection is a class 1 misdemeanor. A second or subsequent violation of
this subsection shall be subject to prosecution pursuant to Virginia Code § 3.26570.
F. Any person who: (i) tor tures, willfully inflicts inhumane injury or pain not connected with bona f ide
scientific or medical experimentation or cr uelly and unnecessar ily beats, maims or mutilates any dog or cat that is a
companion animal whether belonging to him or another; and (ii) as a direct result causes the death of such dog or cat
that is a companion animal, or euthanasia of such animal on recommendation of a licensed veterinarian upon
determination that such euthanasia was necessary due to the condition of the animal, shall be subject to prosecution
pursuant to Virginia Code § 3.26570. I f a dog or cat is attacked on its owner’s proper ty by a dog so as to cause injury
or death, the owner of the injured dog or cat may use all reasonable and necessary for ce against the dog at the time of
the attack to protect his dog or cat. Such owner may be presumed to have taken necessary and appr opriate action to
defend his dog or cat and shall therefore be presumed not to have violated this subsection. The provisions of this
subsection shall not super sede section 4106 or 4201.
G. Any person convicted of violating this section may be prohibited by the court from possession or
ownership of companion animals. **A mended to mirror Code of Virginia language.
(Ord. 98A(1), 8598, § 4207; Ord. 094(1), 2409)
State law references Va. Code § 3.26570. Ordinances prohibiting cruelty to animals, Va. Code § 3.1796.94; abandonment of
animals, penalty, Va. Code § 3.1796.73; cruelty to animals, penalty, Va. Code § 3.1796.122
Sec. 4109 206 Disposit ion of companion animal and livestock carcasses.
T he owner of any companion animal or livestock or fowl which has died from any cause shall forthwith
cremate or, bury the car cass in a lawful and sanitary manner, or sanitarily dispose of the animal upon its death. If the
owner fails to do so within 24 hours after receipt of notice from the police department, animal control officer or other
county of ficer, the county shall have such carcass so disposed of by its own agents or employees at the owner’s sole
cost and expense. If, af ter notice from the police department, animal control officer or other county officer, the owner
fails to do so, the animal control officer or other officer shall bury or cr emate the companion animal or livestock, and
may recover on behalf of the county f rom the owner the cost for the service. T he county may collect the costs of
disposal in the same manner as taxes and levies are collected. **Amended to mirror Code of Virginia language and
included the term livestock at request of A CO’s.
(Code 1967; § 411; 41398; Code 1988, §§43, 411; Or d. 98A(1), 8598, § 4206; Ord. 094(1), 2409)
S tate law referenceDisposal of dead companion animals, Va. Code § 3.1796.121 §§ 3.26554; provision for removal of garbage,
refuse, etc. Va. Code § 15.2901; burial or cremation of animals or fowl which have died, Va. Code § 18.2510.
Sec. 4110 Reserved.
ARTICLE II. DOGS AND OTHER ANIMALS
State law referenceFor comprehensive animal laws r elative to dogs and other animals, see Va. Code §§ 3.26500 et.seq. 3.1796.66 through
3.1796.129.
DIVISION 1. IN GENERAL
Sec. 4202 Duty of animal control officer or other of ficer upon finding stolen, etc., dogs.
Any animal contr ol of ficer finding a stolen dog or a dog held or detained contrary to law shall have authority
to seize and hold such dog pending action before the general district court or other cour t. If no such action is instituted
within seven days, the animal control off icer shall deliver the dog to its owner. T he presence of a dog on the premises
of a person other than its legal owner shall raise no presumption of thef t against the owner of such premises, but it
shall be his duty to notify the animal control officer , and the animal control officer shall take such dog in char ge and
notify its legal owner to remove it. The legal owner of the dog shall pay a reasonable charge for the keep of such dog
while in the possession of the animal control officer.
(Code 1967, § 48; 41388; Code 1988, § 48; Ord. 98A(1), 8598)
S tate law referenceFor similar state law, see Va. Code § 3.1796.127.
DIVISION 2. RUNNING AT LARGE
Sec. 4211 Diseased dogs.
It shall be unlawful for the owner of any dog with a contagious or infectious disease to per mit such dog to
stray from his premises, if such disease is known to the owner.
(Code 1967, § 412; Code 1988, § 417; Or d. 98A(1), 8598)
S tate law referenceSimilar provisions , Va. Code § 3.1796.128(6).
Sec. 4212 F emale dogs in season.
It shall be unlawful f or the owner of any f emale dog in season to f ail to keep such female dog confined
beyond reach of any male dog at large.
(Code 1967, § 413; Code 1988, § 418; Or d. 98A(1), 8598)
Sec. 4200 Running at large prohibited 213 In cert ain areas.
A. Dogs shall not run at large in the county except in those areas zoned Rural Areas District; however,
running at large in areas zoned Rural Areas District is prohibited in the f ollowing designated areas:
A. It shall be unlawful for the owner of any dog to permit such dog to r un at large at any time within the
following designated areas of the county:
(1) University of Virginia grounds lying within the county. (71973)
(2) Orchard Acres Subdivision, Crozet, as platted and put to record in the clerk's office of the
county: Section l, Deed Book 322, page 146; section 2, Deed Book 471, page 401. (71973)
(3) Woodbrook Subdivision as platted and put to record in the clerk's off ice of the county:
Section l, Deed Book 358, page 297; section 2, vacated, Deed Book 414, page 115; section 3, Deed Book 386, page
39; section 4, Deed Book 397, page 177; section 4A, Deed Book 408, page 215; section 5, Deed Book 402, page 111;
section 6, Deed Book 408, page 215; section 7, Deed Book 419, page 359; section 8, Deed Book 459, page 209;
section 8A, Deed Book 481, page 231. (82273)
(4) Georgetown Green as platted and put to record in the clerk's office of the county in Deed
Book 440, page 93. (92673)
(2) (5) Crozet areas:
(a). beginning at a point corner common to parcels 96, 46 and 45B of section 56 of the county tax
maps; thence, in a westerly direction along the southern boundaries of parcels 45B and 39, section 56 of the county tax
maps to the centerline of State Route 240; thence with State Route 240 north to the inter section of the northeastern
corner of parcel 11 of section 56 of the county tax map; thence, in a westerly direction with the norther n boundary of
parcel 11 to a corner with parcel 10D of section 56 of the county tax map; thence, in a southerly and westerly direction
with the eastern and southern boundaries of parcels 10D, 10 and 9 of section 56 and parcel 69 of section 55 to a corner
with parcels 69 and 71A of section 55; thence, with the boundaries of parcel 71A of section 56 in a southerly, wester ly
and northerly direction to the corner with parcel 70F of section 55; thence, in a westerly direction with the southern
boundar ies of par cels 70F, 72 (13), and 72B of section 55 to the southwestern corner of par cel 72B, a corner common
with parcels 74 and 75 of section 55; thence, with the easter n boundary of parcel 74 in a northerly direction to the
center of State Route 691 and continuing in a nor therly direction across State Route 691 and along the eastern
boundar y of parcel 66 of section 55 to a corner with Orchard Acres, (section 55C); thence, with Orchard Acres in a
clockwise direction to its intersection with the Chesapeake and Ohio Railway and continuing across the railway to its
northern rightofway; thence, in an easterly direction along the C & 0 r ightofway to its intersection with the western
boundar y of parcel 51 of section 55 extended; thence, in a northeasterly direction across State Route 788 to its
intersection with the western boundary of parcel 51 of section 55; thence, in a nor theasterly direction along the western
boundar ies of parcels 51, 50, and 49 section 55 and par cel 1 of section 56 to a corner with parcel 48 of section 55;
thence, in a northwesterly and northeasterly direction along the southern boundary of parcel 48 of section 55 and the
southern and western boundary of parcel 47 of section 55 continuing in a northeastern direction along the western
boundar ies of parcels 1, 3 and 5E of section 56 to a corner with parcel 5E of section 55, parcel 17 of section 40 and
Sunrise Acres (section 40A); Crozet ar eas, beginning at the point of intersection of Buck Road, State Route 789 and
Railroad Avenue, State Route 788; thence, in a northwester ly direction along the southern boundary of tax map 55
parcel 51; thence, in a northeasterly direction along the western boundary of tax map 55 parcels 51 and 51A to the
point of intersection with tax map 55 parcel 50; thence, in a northwesterly direction along the southern boundary of tax
map 55 parcel 50 to the point of intersection with tax map 55 parcel 49; thence, in a northeasterly direction along the
western boundary of tax map 55 parcel 49 to the point of intersection with tax map 56 parcel 1; thence, in a
northwesterly direction along the western boundaries of tax map 56 par cel 1 and tax map 55 parcel 47 , and following
the boundar y of tax map 55 parcel 47 in a northeaster ly direction to the point of intersection with tax map 55 parcel
48; thence, in a northwesterly direction along the souther n boundary of tax map 55 par cel 48 and then following the
western boundary of tax map 55 parcel 48 in a northeasterly direction and continuing in a northeasterly direction along
the western boundaries of tax map 56 parcels 1B, 3 and 5E to the point of intersection with the Sunr ise Acr es
subdivision (tax map 40A),thence, with Sunrise Acres in a clockwise dir ection to the intersection with the centerline of
White Hall Road, State Route 810; thence, in a southwesterly and southeasterly direction with State Route 810 to the
intersection with Buck Road, State Route 789 and continuing along Buck Road, State Route 789 to the point of
beginning. the southern boundary of parcel 64 of section 56; thence, in an eastern direction with the southern boundary
of its inter section with parcel 66 of section 56; thence, in a southerly and easterly dir ection around the wester n and
southern boundaries of parcel 66 of section 56 to its inter section with par cel 66B of section 56; thence, in an eastern
direction along the southern boundary of parcel 66B, section 56, to a corner with par cel 58 of section 56A (2); thence,
in a southerly and easterly direction along the western boundary of parcel 58 to section 56A (2) to its intersection with
State Route 240 and continuing across State Route 240 and parcel 60 to section 56A (2) and the C & 0 Railway to a
corner common to par cels 67 and 68 of section 56A (2) on the southern rightofway of the C & 0 Railway; thence,
with the southern rightofway of the C & 0 Railway in a westerly direction to its intersection with a corner common
to parcel 58 of section 56 and parcel 71B of section 56A (2); thence, in a southerly and easterly direction along the
western and southern boundary of par cel 58 of section 56 to a corner with parcel 57A (1) of section 56; thence, in a
southerly and easterly dir ection along the wester n and southern boundary of parcel 57A (1) of section 56 and the
southern boundary of parcel 57 of section 56 to a corner with parcel 55 of section 56; thence, with par cel 55 of section
56 in a northeasterly direction to a corner with parcel 54 of section 56; thence, in a southeasterly direction with the
southern boundary of parcel 54 of section 56 to its intersection with parcel 48 of section 56; thence, in a southeaster ly
and southern dir ection along the eastern boundary of parcel 48 of section 56 to its cor ner with parcel 47 of section 56;
thence, in a southerly direction along the eastern boundaries of parcels 47 and 46 of section 56 to the point of
beginning.
(b). T he real property commonly known as Claudius Crozet Park, comprised of the following tax
map, sections and parcel numbers:
tax map 56A2, section 1, parcel 72;
tax map 56A2, section 1, parcel 72A; and
tax map 56A2, section 4, parcel A4.
(c). Sunrise Acres Subdivision, as platted and recorded in the office of the clerk of the circuit court
for the county, in Deed Book 367, page 312, and in Plat Book 367, pages 315 and 316.
(6) Jefferson Village Subdivision as platted and put to record in the clerk's office of the county in
Deed Book 449, page 637 and Deed Book 452, page 87. (121973)
(7) Camelot Subdivision as platted and put to record in the cler k's office of the county in Deed
Book 450, pages 127 through 129, Deed Book 545, page 68 and Deed Book 653, page 79. (12374; 52186)
(8) Sher wood Manor Subdivision as platted and put to record in the clerk's office of the county
in Deed Book 504, page 114 and Deed Book 514, page 505. (12374)
(9) Four Seasons as platted and put to record in the clerk's off ice of the county in Deed Book
467, page 378 and Deed Book 481, page 417. (32774)
(10) Earlysville Heights Subdivision as platted and put to record in the clerk's office of the county
in Deed Book 452, page 165 and Deed Book 491, page 3. (32774)
(11) Westmor eland Subdivision as platted and put to record in the off ice of the clerk of the circuit
court of the county, as section 1, Deed Book 402, page 91; section 2, Deed Book 414, page 29; section 3, Deed Book
419, page 265, and section 4, Deed Book 423, page 19. (52274)
(12) Hessian Hills Subdivision as platted and put to record in the office of the cler k of the circuit
court of the county, as section 1, Deed Book 316, page 254; section 2, Deed Book 327, page 327; section 3, Deed
Book 370, page 145; Deed Book 379, page 365 and section 4, Deed Book 378, page 107. (10974)
(13) Knollwood Subdivision as platted and put to record in the off ice of the clerk of the circuit
court of the county, in Deep Book 272, page 3. (Does not include Old For ge Road or Hessian Hills Apartments.) (10
974)
(14) Stonehenge Subdivision as platted and put to record in the office of the cler k of the circuit
court of the county, in Deed Book 543, page 409; Deed Book 545, page 660; Deed Book 548, pages 326, 345, 346,
347, 348, 522 and Deed Book 550, page 320. (12275)
(15) Queen Charlotte Subdivision as platted and recorded in the office of the clerk of the circuit
court of the county, in Deed Book 395, page 6. (31076)
(3) (16) Country Green Apartments as platted and recorded in the of fice of the clerk of the circuit
court of the county, in Deed Book 453, page 553. (12777)
(17) Oak Hill Subdivision as platted and recorded in the office of the clerk of the circuit court of
the county, in Deed Book 360, page 105; Deed Book 362, page 22; Deed Book 391, page 483; Deed Book 396, page
291; Deed Book 398, page 317; Deed Book 401, page 228; Deed Book 405, page 433; Deed Book 441, page 299 and
Deed Book 468, page 85. (52278)
(18) Westgate Apartments (County T ax Map 61, par cels 42, 42C and 42D) as platted and recorded in
the office of the clerk of the circuit cour t of the county, in Deed Book 497, page 636; and Deed Book 529, page 147.
(52278)
(19) Solomon Court Apartments (County T ax Map 61, parcels 42 and 43D) as platted and
recorded in the off ice of the clerk of the circuit court of the county, in Deed Book 349, page 390; Deed Book 353,
page 145 and Deed Book 430, page 181. (52278)
(20) Carrsbrook Subdivision as platted and recorded in the office of the clerk of the circuit court
of the county, in Deed Book 357, page 55; Deed Book 361, page 127; Deed Book 376, page 224, Deed Book 380,
pages 249, 251 and 253; Deed Book 384, page 27 and Deed Book 387, page 469. (62178)
(21) Deerwood Subdivision as platted and recorded in the office of the clerk of the circuit court of
the county, in Deed Book 426, page 457; and Deed Book 455, page 16. (62178)
(22) Gr eenbrier Heights Subdivision as platted and recor ded in the of fice of the clerk of the circuit
court of the county, in Deed Book 550, page 601. (10781)
(23) Huntwood Subdivision as platted and recorded in the office of the clerk of the circuit court in
Deed Book 728, page 377; and Deed Book 728, page 378. (51387)
(24) Hollymead as platted and recorded in the of fice of the cler k of the circuit court for the
following areas: Sections 1 and 2 in Deed Book 531, pages 309 through 313; section 3 in Deed Book 714, page 444;
Hollymead Square in Deed Book 633, page 330; tax map 46, parcel 28G in Deed Book 418, page 440; tax map 46,
parcel 26B2 in Deed Book 741, page 304; and tax map 46B1011 in Deed Book 489, page 381. (91687)
(25) The ur ban area of the county, the communities of Hollymead and Cr ozet and the village of
Scottsville, all as def ined in the Comprehensive Plan for Albemarle County, Virginia, and as shown on a map which is
on file in the office of the clerk to the board of supervisors. (11487)
(4) (26)Waverly Subdivision as platted and recorded in the office of the clerk of the circuit court of
the county, in Deed Book 697, page 382; and Deed Book 781, pages 267 and 270. (121687)
(5) (27)Whipporwill Hollow as platted and recorded in the office of the clerk of the circuit court of
the county, in Deed Book 643, pages 285 to 292; Deed Book 644, pages 269 and 270; Deed Book 646, pages 220 to
221; Deed Book 657, pages 789 to 790; Deed Book 659, pages 561 to 565; Deed Book 694, pages 544 to 545; and
Deed Book 867, page 253. (121687)
(6) (28) Key West/Cedar Hills Subdivision as platted and recorded in the office of the clerk of the
circuit court of the county, in Deed Book 353, pages 193 to 197; Deed Book 365, page 202; Deed Book 37l, page 474;
Deed Book 388, page 514; Deed Book 393, page 417; Deed Book 410, page 577; Deed Book 420, page 259; Deed
Book 505, page 607; Deed Book 530, page 35l; Deed Book 543, page 114; Deed Book 661, page 44; Deed Book 692,
page 453; and Deed Book 809, page 623. (9788)
(7) (29) North Pines Subdivision as platted and recorded in the office of the clerk of the circuit court
of the county, in Deed Book 703, pages 742, 743 and 744. (11790)
(8) (30) T he Meadows in Crozet as platted and recorded in the office of the clerk of the circuit court
of the county, in Deed Book 651, page 149. (8890)
(9) (31)Milton Heights Subdivision as platted and recorded in the Ooffice of the Cclerk of the
Ccircuit Ccourt of the Ccounty, in Deed Book 343, page 64. (81794)
(10) (32)Shadwell Estates Subdivision as platted and recorded in the Ooffice of the Cclerk of the
Ccircuit Ccourt of the Ccounty, in Deed Book 339, page 458. (81794)
(11) (33)Thurston Subdivision as platted and recorded in the Ooff ice of the Cclerk of the Ccircuit
Ccourt of the Ccounty, in Deed Book 637, page 456. (12794)
(34) Glenmore Planned Residential Development as recorded in the Office of the Clerk of the
Circuit Court of the County in Deed Book 1074, page 203 and Deed Book 1209, page 257. (1495)
(35) Peacock Hill as recorded in the Office of the Clerk of the Circuit Cour t of the County in
Deed Book 589, pages 205212; Deed Book 708, pages 286; Deed Book 777, pages 039; Deed Book 904, pages 182,
Deed Book 960, page 174; Deed Book 1025, page 610; Deed Book 1123, pages 071; Deed Book 1189, page 407; Deed
Book 1310, page 128. (9695)
(12) (36)Lexington Subdivision as platted and r ecorded in the Ooffice of the Ccler k of the Ccircuit
Ccourt of the Ccounty in Deed Book 564, page 088. (31297)
(13) (37)Bedford Hills Subdivision as platted and recorded in the Ooff ice of the Cclerk of the Ccircuit
Ccourt of the Ccounty in Deed Book 365, page 212. (12298)
(14) (38)Westmont Subdivision as platted and recorded in the Ooff ice of the clerk of the Ccircuit
Ccourt of the Ccounty, in Deed Book 1513, page 201, and in Deed Book 1617, page 510. (5300)
(15) (39)Blue Springs Farm Subdivision as platted and recorded in the Ooffice of the Cclerk of the
Ccircuit Ccourt of the Ccounty, in Deed Book 1341, page 121.
(16) (40)Farmington Subdivision as platted and recor ded in the Ooffice of the Cclerk of the Ccircuit
Ccourt of the Ccounty in Deed Book 203, page 53; Deed Book 203, page 233, Deed Book 205, page 504; Deed Book
206, page 44; Deed Book 207, page 370; Deed Book 207, page 483; Deed Book 208, page 130; Deed Book 209, page
195; Deed Book 213, page 296; Deed Book 216, page 44; Deed Book 223, page 146; Deed Book 240, page 203; Deed
Book 246, page 183; Deed Book 247, page 315; Deed Book 247, page 355; Deed Book 290, page 214; Deed Book
292, page 485; Deed Book 296, page 205; Deed Book 325, page 225; Deed Book 357, page 527; Deed Book 394, page
63; Deed Book 463, page 72; together with all streets and roads abutting the lots depicted on the said plats.
(17) (41) Section One of Cor ville Farm Subdivision as platted and recorded in the Oof fice of the
Cclerk of the Ccircuit Ccourt of the Ccounty in Deed book 474, page 003.
B. For the purposes of this section, a dog shall be deemed to “run at large” be running at large while
roaming, running or selfhunting off the property of its owner or custodian and not under its owner's or custodian's
immediate control. However, a dog shall not be considered at large if during the hunting season it is on a bona f ide
hunt in the company of a licensed hunter or during f ield tr ials or training periods when accompanied by its owner .
Any person who permits his dog to run at large shall be deemed to have violated the provisions of this section, and,
upon conviction, shall be guilty of a Class 4 misdemeanor and punished by a fine of not mor e than two hundred fif ty
dollars ($250.00). It shall be the duty of the animal contr ol officer to enforce the provisions of this section.
C. Any person who permits his dog to run at large shall be deemed to have violated the provisions of this
section.
D. Any dog observed or captured while unlawf ully running at large shall be impounded in accordance
with Article III, Impoundment, of this chapter.
**A mended to prohibit running at large throughout the county, except in areas zoned Rural District; unless such areas
were already identified in previous animal ordinance as a “no running at large” area.
(71973; 82273; 92673; 111573; 121973; 1374; 12374; 32477; 52274; 10974, 12275; 31076; 4
2176; 12777; 52278; 62178; 10781; 52186; 51387; 91687; 11487; 121687; 9888; Ord of 11790;
Ord. of 8890; Ord. No. 944(2), 81794; Ord. No. 944(3), 12794; Ord. No. 954(1), 1495; Ord. No. 954(2),
9695; Code 1988, § 419; Ord. 98A(1), 8598; Ord. 984(1), 12298; Ord. 004(1), 5300; Ord. 034(2), 3503;
Ord. 044(1), 51204; Ord. 054(1), 12705; Ord. 064(1), 12606, § 4213; Ord. 094(1), 2409)
S tate law referenceAuthority of county to adopt this section, Va. Code § 3.1796.93 § 3.26538.
Sec. 4201 203 Dogs killing, injuring or chasing livestock or poultryGenerally.
A. It shall be the duty of any animal control officer who may f ind a dog in the act of killing or injuring
livestock or poultry to kill or capture such dog forthwith, whether such dog bears a tag or not. Any per son finding a
dog committing any of the depredations mentioned in this section shall have the right to kill such dog on sight, as shall
any owner of livestock or his agent finding a dog chasing livestock on land utilized by the livestock when the
circumstances show that such chasing is harmful to the livestock. Any cour t shall have the power to order the animal
control off icer or other of ficer to kill any dog known to be a confirmed livestock or poultry killer, and any dog killing
poultry for the third time shall be consider ed a confirmed poultry killer. The cour t, through its contempt powers, may
compel the owner, custodian, or harborer of the dog to produce the dog.
B. Any animal control officer who has reason to believe that any dog is killing livestock or poultry shall
be empowered to seize such dog solely f or the purpose of examining such dog in order to determine whether it
committed any of the depredations mentioned herein. Any animal contr ol officer or other person who has reason to
believe that any dog is killing livestock, or committing any of the depr edations mentioned in this section, shall apply to
a magistrate of the county, who shall issue a warrant requiring the owner or custodian, if known, to appear before the
general district court at a time and place named therein, at which time evidence shall be heard. If it shall appear that
the dog is a livestock killer, or has committed any of the depredations mentioned in this section, the district court shall
order that the dog be: (i) killed immediately by the animal control officer or other of ficer designated by the court; (ii)
or removed to another state that does not border the Commonwealth and pr ohibited from r eturning to the
Commonwealth. Any dog ordered removed from the Commonwealth that is later found in the Commonwealth shall be
disposed of pursuant to Virginia Code § 3.26570. **Amended to mirror Code of V irginia language.
(Code 1967, § 49; 41388; Code 1988, § 49; Ord. 98A(1), 8598, § 4203; Ord. 094(1), 2409)
S tate law referenceFor similar state law, see Va. Code § 3.1796.116 § 3.26552.
Sec. 4202 Compensation for livestock and poultry killed by dogs.
Any person who has any livestock or poultry killed or injured by any dog not his own shall be entitled to
receive as compensation the fair market value of such livestock or poultr y not to exceed f our hundred dollars ($400.00)
per animal or ten dollars ($10.00) per fowl if: (i) the claimant has furnished evidence within sixty (60) days of
discovery of the quantity and value of the dead or injured livestock and the reasons the claimant believes that death or
injury was caused by a dog; (ii) the animal control of ficer or other officer shall have been notified of the incident
within seventytwo (72) hours of its discovery; and (iii) the claimant first has exhausted his legal remedies against the
owner, if known, of the dog doing the damage for which compensation under this section is sought. Exhaustion shall
mean a judgment against the owner of the dog upon which an execution has been returned unsatisfied. **New section
which mirrors Code of V irginia language.
Ord. 094(1), 2409
S tate law reference—Va. Code § 3.26553.
Sec. 4203 209 Unauthorized removal of collars or tags.
It shall be unlawf ul for any person, except the owner or custodian, to remove a collar or a legally acquired
license tag from a dog. **No changes.
(Code 1967, § 414; Code 1988, § 412; Or d. 98A(1), 8598, § 4209; Ord. 094(1), 2409)
S tate law reference—Va. Code § 3.26587 For similar s tate law, see Va. Code § 3.1796.128(8).
Sec. 4204 210 Harboring or concealing untaxed or m ad dogs.
It shall be unlawf ul for any person to conceal or harbor any dog on which the r equired license tax has not been
paid, or to conceal a mad dog to keep the same from being killed. **No changes.
(Code 1967, § 415; Code 1988, § 413; Or d. 98A(1), 8598, § 4210; Ord. 094(1), 2409)
S tate law reference—Va. Code § 3.26587Similar provisions, Va. Code §§ 3.1796.128(7) and (9).
Sec. 4205 211 Diseased dogs or cats.
It shall be unlawful for the owner of any dog or cat with a contagious or infectious disease to permit such dog
or cat to stray from his premises, if such disease is known to the owner. **Change to be consistent with Code of
Virginia..
(Code 1967, § 412; Code 1988, § 417; Or d. 98A(1), 8598, § 4211; Ord. 094(1), 2409)
S tate law reference—Va. Code § 3.26587Similar provisions, Va. Code § 3.1796.128(6).
Sec. 4206 212 F emale dogs in season.
It shall be unlawful for the owner of any female dog in season to fail to keep such f emale dog confined
beyond reach of any male dog at large. **No changes.
(Code 1967, § 413; Code 1988, § 418; Or d. 98A(1), 8598, § 4211; Ord. 094(1), 2409)
ARTICLE III. DIVISION 2. LICENSES
Sec. 4207 300 Required.
It shall be unlawf ul for any person other than a releasing agency that has registered as such annually with the
county to own a dog four (4) months old or older in the county unless such dog is licensed, as required by the
provisions of this article. **No changes.
(Code 1967, § 417; 91389; Code 1988, § 420; Or d. 98A(1), 8598; Ord. 084(2), 9308, § 4300; Ord. 094(1),
2409)
S tate law reference Va. Code § 3.26524.
Sec. 4208 301 Procedure for obtaining licenses.
A. Any resident of this county may obtain a one year , two year, or three year dog license by making oral
or written application to the director of finance or his designee, accompanied by the amount of the license tax and a
current certif icate of vaccination as required by this chapter or satisfactory evidence that such cer tificate has been
obtained.
B. The dir ector of finance or his designee shall license only dogs of resident owners or custodians who
reside within the county, and may requir e information to this effect of any applicant. Upon receipt of a proper
application and a curr ent certificate of vaccination as required by this chapter or satisfactory evidence that such
certificate has been obtained, the director of finance or his designee shall issue a license receipt, on which he shall
record the name and address of the owner or custodian, the date of payment, the year for which issued, the ser ial
number of the tag, whether male or f emale, whether spayed or neutered, or whether a kennel, and deliver the metal
license tags or plates pr ovided for herein. Multiyear dog licenses may only be issued upon evidence that the certificate
of vaccination is valid for the duration of the multiyear license.
C. The director of finance or his designee shall retain the application inf or mation during the per iod for
which such license is valid, and shall be available for public inspection.
D. It shall be unlawful f or any person to make a false statement in order to secure a dog license to which
he is not entitled. Any person convicted of making a false statement in order to secure a dog license to which he is not
entitled shall be guilty of a Class 4 misdemeanor and punished by a fine of not more than two hundred fifty dollar s
($250.00).
E. Any person convicted of f Failure to pay the dog license tax imposed by this division prior to February
1 of any year or at such other time as may be required by this division on any dog four (4) months of age or older and
owned by him shall be a violation of this chapter. be guilty of a Class 4 misdemeanor and punished by a fine of not
more than two hundred fifty dollars ($250.00). **No substantive changes Deleted references to class 4 misdemeanor
because section 4101(B ) states violations of this chapter shall be a class 4 misdemeanor unless stated otherwise.
(Code 1967, § 418; 51575; Code 1988, § 421; Ord. 98A(1), 8598, § 4301; Code 1967, § 433; Code 1988, § 4
36; Or d. 98A(1), 8598, § 4316; Code 1967, § 434; 41388; 91389; Code 1988, § 437; Ord. 98A(1), 8598, §
4317; Ord. 084(2), 9308, § 4301; Ord. 094(1), 2409)
S tate law reference Va. Code §§ 3.26527, 3.26530(B), 3.26587(A).
Sec. 4209 302 What license shall consist of; evidence of rabies vaccination; duplicate tags.
A. A dog license shall consist of a license receipt and a metal tag. The tag shall be stamped or otherwise
permanently marked to show the county has issued the license and bear a serial number or other identifying
information prescribed by the county.
B. No dog license shall be issued for any dog unless there is presented to the dir ector of finance or his
designee, satisfactory evidence that such dog has been inoculated or vaccinated against rabies, as required by section 4
301208, by a currently licensed veterinarian or currently licensed technician who was under the immediate and direct
supervision of a licensed veterinarian on the premises.
C. If a dog license tag shall become lost, destroyed or stolen, the owner or custodian shall at once apply
to the director of finance or his designee for a duplicate license tag by presenting the original license receipt. Upon
affidavit of the owner or custodian before the director of finance or his designee that the original license tag has been
lost, destroyed or stolen, he shall issue a duplicate license tag. The owner or custodian shall immediately affix the
duplicate license tag to the collar of the dog. The director of finance or his designee shall endorse the number of the
duplicate and the date issued on the f ace of the or iginal receipt. T he fee for a duplicate tag shall be one dollar
($1.00). **No change, except Code reference in paragraph b.
(Code 1967, § 419; Code 1988, § 422; Ord. 98A(1), 8598, § 4302; Code 1967, § 425; 42388; Code 1988, § 4
28; Ord. 98A(1), 8598, § 4308; Code 1967, § 428; 41388; Code 1988, § 431; Ord. 98A(1), 8598, § 4311;
Ord. 084(2), 9308, § 4302; Ord. 094(1), 2409)
S tate law reference Va. Code §§ 3.26526, 6532.
Sec. 4210 303 Veterinarians to provide treasurer with rabies cert if icate inform at ion; civil penalt y.
A. E ach veterinarian who vaccinates a dog against rabies or directs a veterinary technician in his employ
to vaccinate a dog against rabies shall provide the owner a copy of the rabies vaccination certificate. T he veterinar ian
shall f or war d within fortyfive (45) days a copy of the rabies vaccination certificate or the relevant information
contained in such certif icate to the county’s director of f inance.
T he rabies vaccination certificate shall include at a minimum the signature of the veterinarian, the animal
owner’s name and address, the species of the animal, the sex, the age, the color, the pr imary br eed, whether or not the
animal is spayed or neutered, the vaccination number, and expiration date. The r abies vaccination certificate shall
indicate the locality where the animal r esides.
B. It shall be the responsibility of the owner of each vaccinated animal that is not already licensed to
apply for a license for the vaccinated dog. If the director of finance determines, fr om review of the rabies vaccination
information provided by the veterinarians, that the owner of an unlicensed dog has failed to apply for a license within
ninety (90) days of the date of vaccination, the dir ector of finance shall transmit an application to the owner and
request the owner to submit a complete application and pay the appropriate fee. Upon receipt of the completed
application and payment of the license fee, the director of finance or his designee shall issue a license receipt and a
permanent tag.
The director of finance shall remit any rabies vaccination certificate received for any animal owned by an
individual residing in another locality to the local treasur er for the appropr iate locality.
Any veterinarian that willfully fails to provide the director of finance with a copy of the r abies vaccination
certificate or the inf or mation contained in such certificate may be subject to a civil penalty not to exceed ten dollar s
($10.00) per certificate. Monies raised pursuant to this subsection shall be placed in the county’s gener al fund for the
purpose of animal contr ol activities including spay or neuter programs. **No substantive changes.
(Ord. 084(2), 9308, § 4303; Ord. 094(1), 2409)
S tate law reference—Va. Code § 3.26529.
Sec. 4211 304 Amount of license tax.
A. Dog license taxes shall be as follows:
1. Spayed Female/Neutered Male.
One year tag: Five dollars ($5.00)
T wo year tag: T en dollars ($10.00)
T hree year tag: Fif teen dollars ($15.00)
2. Unspayed Female/Unneutered Male.
One year tag: Ten dollars ($10.00)
T wo year tag: T wenty dollars ($20.00)
T hree year tag: T hirty dollars ($30.00)
3. Kennel license Fifty dollars ($50.00) per block of ten dogs
B. No license tax shall be levied on any dog that is trained and serves as a guide dog for a blind person
or that is trained and serves as a hearing dog for a deaf or hear ing impaired person, or any dog that is trained and
serves as a service dog for a mobilityimpaired person. **No changes.
(Code 1967, § 420; 122073; 801176; 21385; 41388; Code 1988, § 423; Ord. 98A(1), 8598, § 4303; Or d.
084(2), 9308, § 4304; Ord. 094(1), 2409)
S tate law reference Va. Code § 3.26528.
Sec. 4212 305 When license tax payable, valid.
A. T he license tax imposed on dogs by this article shall be due and payable no later than thirty (30) days
after a dog has reached the age of four (4) months, or no later than thirty (30) days after an owner acquir es a dog four
(4) months of age or older and each year thereafter no later than January 31 of each year.
B. If a dog shall become four (4) months of age or if a dog over four (4) months of age unlicensed by
this county shall come into the possession of any person in this county between Januar y 1 and October 31 of any year,
a license tax for the curr ent calendar year shall be paid forthwith by the owner.
C. If a dog shall become four (4) months of age or if a dog over four (4) months of age unlicensed by
this county shall come into the possession of any person in this county between November 1 and December 31 or any
year, the license tax for the succeeding calendar year shall be paid forthwith by the owner and such license shall protect
the dog from the date of payment of the license tax. **No changes.
(Code 1967, § 421; 91389; Code 1988, § 424; Ord. 98A(1), 8598, § 4304; Code 1967, § 423; Code 1988, § 4
26; Or d. 98A(1), 8598, § 4306; Ord. 084(2), 9308, § 4305; Ord. 094(1), 2409)
S tate law reference Va. Code § 3.26530.
Sec. 4213 306 Payment of license tax subsequent to summons.
Payment of the license tax subsequent to a summons to appear before the judge of the gener al district court or
other court for failure to pay the license tax within the time required shall not operate to relieve such owner f rom any
penalty for the violation of this article. **No changes.
(Code 1967, § 422; Code 1988, § 425; Ord. 98A(1), 8598, § 4305; Or d. 084(2), 9308, § 4306; Ord. 094(1),
2409)
S tate law referenceVa. Code § 3.26536.
Sec. 4214 307 Effect of dog not wearing collar and tag as evidence.
Any dog not wearing a collar bearing a license tag of the proper calendar year shall prima f acie be deemed to
be unlicensed, and in any pr oceeding under this article, the burden of pr oof of the fact that the dog has been licensed or
was otherwise not required to bear a tag at the time shall be on the owner of the dog. **No changes.
(Code 1967, § 424; Code 1988, § 427; Or d. 98A(1), 8598; Ord. 084(2), 9308, § 4307; Ord. 094(1), 2409)
S tate law reference Va. Code § 3.26533.
Sec. 4215 308 Display of receipts; collar and tag to be worn; penalties.
A. Dog license receipts shall be carefully preserved by the owner and exhibited promptly on request for
inspection by any animal control officer or other officer. Dog license tags shall be securely fastened to a substantial
collar by the owner or custodian and worn by such dog. It shall be unlawf ul for the owner to permit any licensed dog
four (4) months old or older to r un or roam at large at any time without a license tag. The owner of the dog may
remove the collar and license tag requir ed by this section when:
(i) the dog is engaged in lawful hunting;
(ii) the dog is competing in a dog show;
(iii) the dog has a skin condition which would be exacerbated by the wearing of a collar;
(iv) the dog is confined; or
(v) the dog is under the immediate control of its owner.
B. T he license tag f or a kennel shall show the number of dogs authorized to be kept under such license,
and have attached thereto a metal identification plate for each of such dogs, numbered to correspond with the ser ial
number of the license tag. T he owner of a kennel shall securely f asten the license tag to the kennel enclosure in full
view and keep one of the identification plates provided therewith attached to the collar of each dog authorized to be
kept enclosed in the kennel. Any identif ication plates not so in use must be kept by the owner or custodian and
promptly shown to any animal control of ficer or other officer upon request. A kennel dog shall not be permitted to
stray beyond the limits of the enclosure, but this shall not prohibit r emoving dogs therefrom temporarily while under
the control of the owner or custodian for the purpose of exercising, hunting, breeding, trial or show. A kennel shall
not be operated in such manner as to defraud the county of the license tax applying to dogs which cannot be legally
covered ther eunder or to any manner which violates other provisions of this article.
C. It shall be unlawful f or tT he owner of any dog to allow his dog to run found running at large at any
time of the year in violation of this section upon conviction, shall be guilty of a class 4 misdemeanor and punished by a
fine of not more than two hundred fif ty dollars ($250.00). **No substantive changes. Amend language regarding
violation of this section as it is already set forth in section 4101(B).
(Code 1967, § 426; 41388; Code 1988, § 429; Ord. 98A(1), 8598, § 4309; Code 1967, § 431; 41388; Code
1988, § 434; Ord. 98A(1), 8598, § 4314; Code 1967, § 432; 41388; Code 1988, § 435; Ord. 98A(1), 8598;
Ord. 054(1), 12705, § 4315; Ord. 084(2), 9308, § 4308; Ord. 094(1), 2409)
S tate law referenceVa. Code §§ 3.26531, 3.26587(A).
DIVISION 3. COMMERCIAL BREEDERS
**N e w div ision and se ctions re quire d pe r Code of Virginia. All language mirrors Code of Virginia.
Sec. 4216 Business license required.
No commer cial dog breeder shall breed dogs in the county without a valid business license issued by the
county’s department of finance, as applicable, where he maintains dogs for the purpose of commercial dog breeding.
(Ord. 094(1), 2409)
S tate law reference—Business license required. Va. Code § 3.26507.1.
Sec. 4217 Commercial dog breeding; requirement s.
Commer cial dog breeders shall:
A. Maintain no more than fifty (50) dogs over the age of one (1) year at any time for breeding
purposes.
B. Breed female dogs only:
(i) after annual certif ication by a licensed veterinarian that the dog is in suitable health for breeding;
(ii) af ter the dog has r eached the age of eighteen (18) months; and
(iii) if the dog has not yet reached the age of eight (8) years.
C. Dispose of dogs only by gift, sale, tr ansfer, barter, or euthanasia by a licensed veterinar ian.
D. Dispose of deceased dogs in accordance with Virginia Code § 3.26554.
E. Maintain accurate recor ds for at least five (5) years including:
(i) the date on which a dog enters the operation;
(ii) the person from whom the animal was purchased or obtained, including the address and phone
number of such person;
(iii) a description of the animal, including the species, color, breed, sex, and approximate age and
weight;
(iv) any tattoo, micr ochip number, or other identification number carried by or appearing on the
animal;
(v) each date that puppies were born to such animal and the number of puppies;
(vi) all medical care and vaccinations provided to the animal, including certifications required by a
licensed veterinarian under this chapter; and
(vii) the disposition of each animal and the date.
(Ord. 094(1), 2409)
S tate law reference—Va. Code § 3.26507.2.
Sec. 4218 Violations; penalty.
Any commercial dog breeder violating any pr ovision of this division shall be guilty of a class 1 misdemeanor.
(Ord. 094(1), 2409)
S tate law reference—Va. Code § 3.26507.5.
DIVISION 4. DANGEROUS AND VICIOUS DOGS
Sec. 4219 Dangerous and vicious dogs.
ARTICLE IV. VICIOUS AND DANGEROUS ANIMALS
Sec. 4400 Definitions.
For the purposes of this division and unless otherwise r equired by the context, the following words and terms
shall have the meanings respectively ascribed to them by this section:
A. As used in this section:
(1) Dangerous dog. T he term “dangerous dog” “Dangerous dog” means a canine or canine crossbreed that
has bitten, attacked, or inflicted injury on a person or companion animal that is a dog or cat, or killed a companion
animal that is a dog or cat. ; however, when When a dog attacks or bites another dog a companion animal that is a dog
or cat, the attacking or biting dog shall not be deemed dangerous if:
(i) if no serious physical injury as determined by a licensed veterinarian has occurred to the other dog
or cat as a result of the attack or bite; or
(ii) if both dogs animals ar e owned by the same person;
(iii) such attack occurs on the proper ty of the attacking or biting dog’s owner or custodian; or
(iv) f or other good cause as determined by the court.
No dog shall be found to be a dangerous dog as a result of biting, attacking, or inflicting injury on another a
dog or cat while engaged with an owner or custodian as part of lawful hunting or par ticipating in an or ganized, lawf ul
dog handling event.
(2) Injury. The ter m “injury” means any superficial cut, scratch, scrape, or minor tear to the skin, or any
bruise to bone or skin area. An injury shall be presumed to have occurred when a dog knocks a person to the ground
or tear s that person's clothing or any possession on his or her person.
(3) Leash. T he term “leash” means any rope, strap, chain or other material not exceeding four f eet in length,
being held in the hand of a person capable of controlling the dog to which it is attached.
(4) Serious injury. T he term “serious injury” means any bodily injur y for which medical attention was sought
and obtained, which involves a ser ious laceration requiring stitches to more than one puncture wound or which is
serious in the opinion of a licensed physician.
(5) V icious dog. The term “vicious dog” “Vicious dog” means a canine or canine cross breed that has:
(i) killed a person;
(ii) inflicted serious injury to a person, including multiple bites, serious disfigurement, serious
impair ment of health, or ser ious impairment of a bodily function; or
(iii) continued to exhibit the behavior that resulted in a previous f inding by a court or, on or before
July 1, 2006, by an animal control officer as authorized by Section 4401(B) of this chapter, that it is a dangerous dog,
provided that its owner has been given notice of that finding.
Sec. 4401 Dangerous dogs; vicious dogs.
A.B. Any lawenforcement officer or animal control officer who has reason to believe The animal contr ol
officer upon reasonable believe that a canine or canine crossbreed within its jurisdiction is a danger ous dog or vicious
dog shall apply to a magistrate of the jur isdiction for the issuance of a summons requiring the owner or custodian, if
known, to appear before in a general district court at a specified time. The summons shall advise the owner of the
nature of the proceeding and the matters at issue. If a lawenforcement officer successfully makes an application for
the issuance of a summons, he shall contact the local animal control of ficer and infor m him of the location of the dog
and the relevant facts pertaining to his belief that the dog is dangerous or vicious. T he animal control officer shall
confine the animal until such time as evidence shall be heard and a ver dict rendered. If the animal control officer
determines that the owner or custodian can confine the animal in a manner that protects the public safety, he may
permit the owner or custodian to confine the animal until such time as evidence shall be heard and a verdict rendered.
The court, through its contempt powers, may compel the owner, custodian or harborer of the animal to produce the
animal. If, after hear ing the evidence, the court finds that the animal is a dangerous dog, the cour t shall or der the
animal’s owner to comply with the provisions of this section. If, after hearing the evidence, the court finds that the
animal is a vicious dog, the court shall order the animal euthanized in accordance with the provisions of Vir ginia Code
§3.1796.119. § 3.26562. T he court, upon finding the animal to be a dangerous or vicious dog, may order the owner,
custodian, or harborer thereof to pay restitution for actual damages to any person injured by the animal or whose
companion animal was injured or killed by the animal. The procedure for appeal and trial shall be the same as
provided by law for misdemeanors. T rial by jury shall be as provided in Virginia Code §§ 19.2260 et.seq.
B. Nothwithstanding the provision of subdivision (A), an animal contr ol off icer may determine after
investigation whether a dog is a dangerous dog. If the animal control officer determines that a dog is a dangerous dog,
he may order the animal’s owner to comply with the provisions of this section. If the animal’s owner disagrees with
the animal control officer’s determination, he may appeal the determination to the general district court for a trial on
the mer its. Such appeal shall be filed no later than ten (10) days after r eceipt of notice of the officer ’s determination.
C. No canine or crossbreed shall be f ound to be a danger ous dog or vicious dog solely because it is a
particular br eed, nor is the ownership of a particular breed of canine or canine crossbreed prohibited. No animal shall
be f ound to be a danger ous dog or vicious dog if the threat, injury or damage was sustained by a person who was: (i)
committing, at the time, a crime upon the premises occupied by the animal’s owner or custodian; (ii) committing, at
the time, a willful trespass upon the pr emises occupied by the animal’s owner or custodian; or (iii) provoking,
tormenting, or physically abusing the animal, or can be shown to have repeatedly provoked, tormented, abused, or
assaulted the animal at other times. No police dog that was engaged in the per formance of its duties as such at the time
of the acts complained of shall be found to be a dangerous dog or vicious dog. No animal that, at the time of the acts
complained of, was responding to pain or injury, or was protecting itself, its kennel, its offspr ing, a per son, or its
owner or owner’s or custodian’s proper ty, shall be found to be a dangerous dog or a vicious dog.
D. If the owner of an animal found to be a dangerous dog is a minor, the custodial parent or legal
guardian shall be responsible for complying with all r equirements of this section.
D. E. T he owner of any animal found to be a dangerous dog shall, within ten (10) days of such finding,
obtain a dangerous dog r egistration certificate from the Ccounty for a f ee of fifty dollars ($50.00), in addition to other
fees that may be author ized by law. T he Ccounty shall also provide the owner with a uniformly designed tag that
identif ies the animal as a dangerous dog. The owner shall affix the tag to the animal’s collar and ensure that the
animal wear s the collar and tag at all times. All certificates obtained pursuant to this subsection shall be renewed
annually for the same fee in the same manner as the initial certificate was obtained. T he county shall pr ovide a copy of
the dangerous dog registration certificate and verification of compliance to the state veterinarian.
F. All danger ous dog registr ation cer tificates or renewals thereof requir ed to be obtained under this
section shall only be issued to persons eighteen (18) years of age or older who present satisfactory evidence of:
(i) the animal’s current r abies vaccination, if applicable;
(ii) that the animal has been spayed or neutered; and
(iii) that the animal is and will be confined in a proper enclosure or is and will be confined inside the
owner’s r esidence or is and will be muzzled and conf ined in the owner’s fencedin yar d until the pr oper enclosure is
constructed.
In addition, owners who apply for certificates or renewals ther eof under this section shall not be issued a
certificate or renewal thereof unless they present satisf actory evidence that:
(i) their residence is and will continue to be posted with clearly visible signs warning both minors and
adults of the presence of a dangerous dog on the property; and
(ii) the animal has been permanently identified by means of a tattoo on the inside thigh or by
electronic implantation.
All certificates or renewals ther eof required to be obtained under this section shall only be issued to persons
who present satisfactory evidence that the owner has liability insurance coverage, to the value of at least one hundred
thousand dollars ($100,000.00) that covers animal bites. T he owner may obtain and maintain a bond in surety, in lieu
of liability insurance, to the value of at least one hundred thousand dollars ($100,000.00).
F. G. While on the property of its owner, an animal found to be a dangerous dog shall be confined indoor s
or in a secur ely enclosed and locked structure of sufficient height and design to prevent its escape or direct contact with
or entr y by minors, adults, or other animals. The structure shall be designed to provide the animal with shelter from
the elements of nature. When off its owner’s property, an animal found to be a danger ous dog shall be kept on a leash
and muzzled in such a manner as not to cause injury to the animal or interfere with the animal’s vision or respiration,
but so as to prevent it from biting a person or another animal.
G. If the owner of an animal found to be a dangerous dog is a minor , the custodial parent or legal
guarding shall be responsible for complying with all requir ements of this section.
H. The owner of any dog found to be dangerous shall register the animal with the Commonwealth of
Virginia Dangerous Dog Registry as established under Virginia Code § 3.26542, within fortyfive (45) days of such a
finding by any appropriate court. The owner shall also cause the local animal contr ol officer to be promptly notif ied
of: (i) the names, address, and telephone numbers of all owners; (ii) all the means necessary to locate the owner and the
dog at any time; (iii) any complaints or incidents of attack by the dog upon any person or cat or dog; (iv) any claims
made or lawsuits br ought as a result of any attack; (v) tattoo or chip identification or both; (vi) proof of insurance or
surety bond; and (vii) the death of the dog.
H. I. After an animal has been f ound to be a dangerous dog, the animal’s owner shall immediately, upon
learning of same, cause the local animal control authority to be notif ied if the animal: (i) is loose or unconfined,; or
(ii) bites a person or attacks another animal,; or (iii) is sold, given away, or dies, or (iv) has been moved to a differ ent
address. Any owner of a dangerous dog who relocates to a new address shall, within ten (10) days of relocating,
provide written notice to the appr opriate local animal control authority f or the old address from which the animal has
been moved and the new address to which the animal has been moved.
I. T he owner of any animal which has been found to be a dangerous dog who willfully fails to comply
with the r equirements of this section shall be guilty of a class 1 misdemeanor.
J. Any owner or custodian of a canine or canine crossbr eed or other animal:
1) shall be guilty of a class 2 misdemeanor if the canine or canine crossbreed previously declared a
dangerous dog pursuant to this section, when such declar ation arose out of a separate and distinct incident, attacks and
injures or kills a cat or dog that is a companion animal belonging to another person; or
2) shall be guilty of a class 1 misdemeanor if the canine or canine crossbreed previously declared a
dangerous dog pursuant to this section, when such declar ation arose out of a separate and distinct incident, bites a
human being or attacks a human being causing bodily injury; or
3) shall be subject to prosecution pur suant to Virginia Code § 3.26540 if the owner or custodian
whose willful act or omission in the care, control, or containment of a canine, canine crossbreed, or other animals is so
gross, wanton, and culpable as to show a reckless disregard for human life, and is the proximate cause of such dog or
other animal attacking and causing serious bodily injur y to any person.
T he provisions of this subsection shall not apply to any animal that, at the time of the acts complained of, was
responding to pain or injury, or was protecting itself, its kennel, its off spring, a person, or its owner’s or custodian’s
proper ty, or when the animal is a police dog that is engaged in the perf or mance of its duties at the time of the attack.
K. T he owner of any animal that has been found to be a dangerous dog who willfully fails to comply
with the r equirements of this section shall be guilty of a class 1 misdemeanor.
J. L. All fees collected pursuant to this section, less the costs incurr ed by the Ccounty in producing and
distributing the certificates and tags required by this section, shall be paid into a special dedicated fund of the county
for the purpose of paying the expenses of any tr aining course required under Virginia Code § 3.26556 3.1796.104:1.
**A mended to mirror Code of Virginia language.
(Ord. No. 944(12), 8394; Code 1988, § 437A.1; Ord. 98A(1), 8598; Or d. 034(1), 2503; Ord. 034(3), 123
03, § 4401; Ord. No. 944(12), 8394; Code 1988, § 437A; Ord. 98A(1), 8598; Ord. 034(3), 12303, § 4400;
Ord. 094(1), 2409)
S tate law reference—Va. Code § 3.26540.
ARTICLE III. IMPOUNDMENT
Sec. 4300 208 Duties of animal control officers; seizure and impoundm ent of animals; notice and hearing;
disposition of animals.
A. Any animal control officer or law enforcement off icer may lawfully seize and impound any animal
that has been abandoned, has been cruelly tr eated, or is suffering fr om an apparent violation of this chapter that has
rendered the animal in such a condition as to constitute a direct and immediate threat to its life, safety or health. Before
seizing or impounding any agricultural animal, such animal control officer or law enforcement officer shall contact the
Sstate Vveterinarian or a Sstate Vveter inarian's representative, who shall recommend to such person the most
appropriate action for the disposition of the agricultural animal. T he animal control officer shall notify the owner of
the agricultural animal and the local attorney for the Commonwealth of the recommendation. T he animal contr ol
officer may impound the agricultural animal on the land where the agricultural animal is located if:
1. The owner or tenant of the land wher e the agricultural animal is located gives written
permission;
2. A general distr ict court so orders; or
3. The owner or tenant of the land where the agricultural animal is located cannot be
immediately located, and it is in the best interest of the agricultural animal to be impounded on the land where it is
located until the written permission of the owner or tenant of the land can be obtained.
If there is a direct and immediate threat to an agricultural animal, the animal contr ol officer or law
enforcement officer may seize the animal, in which case the humane investigator lawenforcement of ficer or animal
control officer shall file within five (5) business days on a form approved by the Sstate Vveterinarian a report on the
condition of the animal at the time of the seizur e, the disposition of the animal, and any other information required by
the Sstate Vveterinarian.
Upon seizing or impounding an animal, the animal control of ficer or law enforcement officer shall petition the
general district court in the county for a hearing. The hearing shall be not mor e than ten (10) business days from the
date of the seizure of the animal. The hearing shall be to determine whether the animal has been abandoned, has been
cruelly tr eated, or has not been provided adequate care.
B. The animal control officer shall cause to be served upon the person with a right of property in the
animal or the custodian of the animal notice of the hearing. If such person or the custodian is known and residing
within the jurisdiction wherein the animal is seized, written notice shall be given at least five (5) days prior to the
hearing of the time and place of the hearing. I f such person or the custodian is known but residing out of the
jurisdiction where such animal is seized, written notice by any method or service of process as is provided by the Code
of Virginia shall be given. If such person or the custodian is not known, the humane investigator, lawenforcement
officer or animal contr ol officer shall cause to be published in a newspaper of general circulation in the county notice
of the hearing at least one time prior to the hear ing and shall further cause notice of the hearing to be posted at least
five (5) days prior to the hearing at the place provided for public notices at the county courthouse wherein such hearing
shall be held.
C. The procedure for appeal and trial shall be the same as provided by law for misdemeanors. I f
requested by either party on appeal to the circuit court, trial by jury shall be as provided in Virginia Code §§ 19.2260
et seq. Article 4 (§§ 19.2260 et seq.) of Chapter 15 of Title 19.2 of the Code of Vir ginia, and the Commonwealth
shall be r equired to prove its case beyond a reasonable doubt.
D. The animal control off icer shall provide for such animal until the court has concluded the hearing. I f
the court determines that the animal has been neither abandoned, cruelly treated, nor deprived of adequate car e, the
animal shall be returned to the owner. I f the court determines that the animal has been abandoned, cruelly treated, or
deprived of adequate care, then the court shall or der that the animal be: (i) sold by the animal control officer ; (ii)
humanely destroyed, or disposed of by sale or gift to a f ederal agency, statesupported institution, agency of the
Ccommonwealth, agency of another state, or a licensed federal dealer having its principal place of business located
within the Ccommonwealth; (iii) delivered to any local humane society or shelter, or to any person who is a resident of
the county or an adjacent county and who will pay the r equired license fee, if any, on such animal; or (iv) delivered to
the person with a right of property in the animal as provided in subsection E . placed for adoption with any person who
will pay the required license fee, if any, on such animal.
E. In no case shall the owner be allowed to purchase, adopt, or otherwise obtain the animal if the court
determines that the animal has been abandoned, cruelly treated, or depr ived of adequate car e. T he court shall direct
that the animal be delivered to the person with a r ight of property in the animal, upon his request, if the court finds
that the abandonment, cruel treatment, or deprivation of adequate care is not attributable to the actions or inactions of
such person. person adjudged unable to adequately provide for the animal or adjudged an unfit person to own the
animal be allowed to pur chase, adopt, or otherwise obtain the animal at the sale.
F. T he court shall or der the owner of any animal determined to have been abandoned, cruelly treated, or
deprived of adequate car e to pay all reasonable expenses incurred in car ing and providing for such animal from the
time the animal is seized until such time that the animal is disposed of in accordance with the provisions of this section.
G. The court may prohibit the possession or ownership of other companion animals by the owner of any
companion animal found to have been abandoned, cr uelly treated, or deprived of adequate car e. In making a
determination to prohibit the possession or ownership of the companion animals, the cour t may take into consideration
the owner’s past record of convictions under this chapter or other laws prohibiting cruelty to animals or pertaining to
the care or treatment of animals and the owner’s mental and physical condition.
H. If the court finds that an agricultural animal has been abandoned or cruelly treated, the court may
prohibit the possession or ownership of any other agricultur al animal by the owner of the agricultural animal if the
owner has exhibited a pattern of abandoning or cr uelly treating agricultural animals as evidenced by previous
convictions of violating section 4107 or section 4110. In making a determination to prohibit the possession or
ownership of agricultural animals, the cour t may take into consideration the owner’s mental and physical condition. In
making a determination as to whether the owner is able to adequately provide for the animal or is a fit person to own
the animal, the court may take into consideration the owner 's past record of convictions under this section or other laws
prohibiting cruelty to animals or pertaining to the care or treatment of animals and the owner's mental and physical
condition.
I. Any person who is prohibited from owning or possessing animals pursuant to subsection G or H may
petition the court to repeal the prohibition after two (2) years have elapsed from the date of entry of the cour t’s order .
The court may, in its discr etion, repeal the prohibition if the person can prove to the satisfaction of the court that the
cause for the prohibition has ceased to exist.
J.I. In case of sale of an animal under this section, the proceeds shall first be applied to the costs of the
sale, then next to the unreimbur sed expenses for the car e and provision of the animal, and the remaining proceeds, if
any, shall be paid over to the owner of the animal. If the owner of the animal cannot be f ound, the proceeds remaining
shall be paid into the Liter ary Fund of the state treasury.
KJ. Nothing in this section shall be constr ued to prohibit the humane destruction of a critically injured or
ill animal f or humane purposes by the impounding animal control of ficer or licensed veterinarian. **A mended to
mirror Code of V irginia language.
(Ord. 98A(1), 8598, § 4208; Ord. 094(1), 2409)
S tate law reference—Va. Code § 3.26569.
Sec. 4301 Impoundment; expenses; lien; disposition of animal.
When an animal control officer or lawenforcement officer f inds that an apparent violation of this chapter has
rendered an animal in such a condition as to constitute a dir ect and immediate threat to its life, safety, or health that the
owner or custodian has failed to remedy, such animal contr ol officer or law enforcement officer may impound the
animal pursuant to section 4300 in a f acility that will provide the elements of good care as set f or th in section 4105,
and shall then proceed to take such steps as are required to dispose of the animal pursuant to section 4300. **New
section per Code of Virginia; language mirrors Code of V irginia.
(Ord. 094(1), 2409)
S tate law reference—Va. Code § 3.26565.
Sec. 4302 204 Dogs killing, injuring or chasing livestock or poultryImpoundment and disposition.
In the event any animal control officer or other person has reason to believe that any dog is killing livestock or
committing any of the depredations mentioned in section 4203 201, and a warrant or summons is issued by a
magistrate of the county, as set out in section 4203 201, the alleged killer dog may be impounded by the animal
control off icer until such time as the owner or custodian thereof shall pr ovide evidence of the adequate provisions to be
made to protect livestock or poultry f rom such dog, which provisions may include, but not be limited to, securing of
such dog on the premises of the owner or custodian, with def ined limitations of access. Any dog released under such
conditions shall be kept under such securing pr ovisions, and any per son failing to keep such dog so secured shall be
deemed in violation of this section. Conviction of a violation of this section shall be deemed a misdemeanor offense
and shall be punishable as provided by section 1116. T he owner or custodian redeeming such dog from impoundment
as provided above shall also furnish the license(s) and pay the fee(s) as provided by sections 4300207 and 4303210,
respectively. I f the court finds such dog is not a livestock killer or has not committed any of the depredations
mentioned in section 4203201, any dog not redeemed within ten (10) days of disposition of the original charge by the
court shall be dealt with by the animal control officer in the same manner as pr ovided for the disposition of unlicensed
dogs in section 4205303. **No changes except for Code references and deleting reference of class 4 misdemeanor as it
is already set forth in section 4101(B).
(5279 ; 41388; Code 198 8, § 49.1; O rd. 9 8A (1), 859 8, § 4204; Ord. 094(1), 2409)
Sec. 4303 205 Disposit ion of unlicensed dogs; running at large.
A. T he animal control officer shall have the authority to capture, euthanize or turn over to an animal
shelter the S.P.C.A. any dog of unknown ownership found running at lar ge on which the license tax has not been paid.
B. Any dog captured and confined pursuant to this section, shall be kept for a period of not less than f ive
(5) days, such period to commence on the day immediately following the day the animal is initially confined in an
animal shelter or facility, unless sooner claimed by the r ightful owner thereof. T he animal control officer and/or the
operator of the animal shelter shall make a reasonable effort to ascertain whether the dog has a collar, tag, license,
tattoo, or other form of identification. I f such identification is found on the dog, the dog shall be held for an
additional f ive (5) days, unless sooner claimed by the rightful owner . If the rightful owner of the animal can be
readily identified, the animal control officer and/or the animal shelter shall make a reasonable ef fort to notif y the
owner of the dog’s confinement within the next fortyeight (48) hour s following its conf inement.
If any dog confined pursuant to this section is claimed by its rightful owner , such owner may be charged with
the actual expenses incurred in keeping the animal impounded.
If the dog confined pursuant to this section has not been claimed upon expiration of the appropriate holding
period as setforth above, it shall be deemed abandoned and become the property of the county or the animal shelter.
Following the appr opriate holding period set f or th above, tT he animal control of ficer or other officer may also
deliver such dog to any person in the county who will pay the required license fee on such dog, with the understanding
that should the legal owner thereafter claim the dog and pr ove his ownership, he may r ecover such dog by paying to
the per son to whom it was delivered by the animal control officer the amount of the license fee paid by him and a
reasonable charge for the keep of the dog while in his possession.
Any person, animal control officer or other off icer euthanizing a dog under this chapter shall cremate, bury or
sanitar ily dispose of the same. Prior to disposition by euthanasia or otherwise, all the provisions of Vir ginia Code §
3.26563 3.1796.96 shall have been complied with.
CB. All drugs and drug administering equipment used by animal control officers or other officers to
capture dogs pursuant to this section shall have been approved by the state veterinarian. **Amended to mirror Code of
Virginia language.
(Code 1967, § 410; 81176; 41388; Code 1988, § 410; Ord. 98A(1), 8598, § 4205; Ord. 094(1), 2409)
S tate law reference Va. Code §§ 3.26546 (c); 3.26562 3.1796.119.
ARTICLE IV. VICIOUS AND DANGEROUS ANIMALS
ARTICLE V IV. RABIES CONTROL
St at e law referenceAuthority of county to adopt measures to prevent r abies, see Va. Code §§ 3.26521; 3.26522; 3.26523; 3.26525 3.1
796.100; as to contr ol of r abies gener ally, see Va. Code §§ 32.148.l to 32.148.4.
Sec. 4400 500 Vaccination of dogs and cats required.
A. The owner or custodian of all dogs and domesticated cats four (4) months of age and older shall have
them currently vaccinated for rabies by a licensed veterinarian or licensed veterinar y technician who is under the
immediate and direct supervision of a licensed veterinarian on the premises. T he supervising veterinarian on the
premises shall provide the owner of the dog or the custodian of the domesticated cat with a certificate of vaccination.
The owner of the dog or the custodian of the domesticated cat shall f ur nish within a reasonable period of time, upon
the request of an animal control offer or other law enf or cement officer , state veterinar ian’s representative, or official
of the Department of Health, the certificate of vaccination for such dog or cat. The vaccine used shall be licensed by
the U.S. Department of Agr iculture for use in that species.
A. No dog or cat four months of age or older shall be permitted within the county, unless such dog or cat
shall have been vaccinated or immunized against rabies within a period of thirtysix (36) months with a r abies vaccine
approved by the state department of health.
B. It shall be unlawful for any person to own, keep or har bor any dog or cat over four months old within
the county, unless such dog or cat shall have been vaccinated or inoculated against rabies within a period of thirtysix
(36) months with a rabies vaccine approved by the state department of health. **A mended to mirror Code of Virginia
language.
(Code 1967, § 435; 4887; 121488; Code 1988, § 438; Ord. 98A(1), 8598, § 4500; Ord. 094(1), 2409)
S tate law reference—Va. Code § 3.26521.
Sec. 4401 Rabid animals, emergency ordinance.
Where there is sufficient reason to believe that a rabid animal is at large, the board of supervisors shall have
the power to pass an emergency ordinance that shall become effective immediately upon passage, requiring owners of
all dogs and cats therein to keep the same confined on their premises unless leashed under restraint of the owner in such
a manner that persons or animals will not be subject to the danger of being bitten by the rabid animal. Any such
emergency ordinance enacted pursuant to the pr ovisions of this section shall be operative for a per iod not to exceed
thirty (30) days unless renewed by the board of super visors. The board of supervisors shall also have the power and
authority to pass ordinances restricting the running at large in their respective jurisdiction of dogs and cats that have
not been inoculated or vaccinated against rabies and to provide penalties f or the violation thereof.
Sec. 4 502 Confinement of animals suspected of having rabies or of being in close proximity to animals having
rabies.
T he health officer for the county is empowered to order the owner or person responsible for any animal
suspected of having r abies or of having been in close proximity of a rabid animal to confine such animal under
competent observation at the expense of the owner for a period r easonably necessary to determine whether the animal
is actually infected with r abies.
Dogs or cats showing active signs of rabies or suspected of having rabies shall be confined under competent
observation for such a time as may be necessary to determine a diagnosis. I f confinement is impossible or
impracticable, such dog or cat shall be euthanized by one of the methods approved by the state veterinarian as provided
in Virginia Code § 3.26546.
E very person having knowledge of the existence of an animal apparently afflicted with rabies shall report
immediately to the Charlottesville/Albemarle Health Department the existence of such animal, the place wher e seen,
the owner’s name, if known, and the symptoms suggesting rabies.
Any dog or cat, for which no proof of current rabies vaccination is available, and that is exposed to rabies
through a bite, or through saliva or central nervous system tissue, in a fresh open wound or mucous membrane, by an
animal believed to be aff licted with r abies, shall be confined in a pound, kennel or enclosure approved by the
Charlottesville/Albemar le Health Department f or a period not to exceed six (6) months at the expense of the owner. I f
this is not f easible, the dog or cat shall be euthanized by one of the methods appr oved by the state veterinarian as
provided in Virginia Code § 3.26546. A rabies vaccination shall be administered prior to release. Inactivated rabies
vaccine may be administered at the beginning of confinement. Any dog or cat so bitten, or exposed to rabies through
saliva or central nervous system tissue, in a fresh open wound or mucous membrane with proof of a valid rabies
vaccination, shall be revaccinated immediately following the bite and shall be confined to the premises of the owner, or
other site as may be approved by the Charlottesville/Albemarle Health Department, for a period of fortyfive (45)
days.
Sec. 4503 Confinement of animals which have bit ten persons.
At the discretion of the health off icer for the county director of the Charlottesville/Albemarle Health
Department, any animal which that has bitten a person shall be confined at the expense of the owner under competent
observation for ten (10) days, unless the animal develops active symptoms of rabies or expir es before that time. A
seriously injured or sick animal may be euthanized as provided in Virginia Code § 3.26546, and its head sent to the
Division of Consolidated Laboratory Services of the Department of General Services, or the Charlottesville/Albemarle
Health Department, for evaluation.
When any potentially rabid animal, other than a dog or cat, exposes or may have exposed a person to rabies
through a bite, or through saliva or centr al nervous system tissue, in a fresh open wound or mucous membrane, that
animal shall be confined at the discretion of the dir ector of the Charlottesville/Albemarle Health Department in a
manner approved by the health department or euthanized as provided in Virginia Code § 3.26546.
Any person who fails to comply with the provisions of this section shall be guilty of a class 1
misdemeanor.**New section and mirrors Code of V irginia language, except for the addition of the class 1
misdemeanor .
(Code 1967, § 437; Code 1988, § 440; Ord. 98A(1), 8598, § 4502; Code 1967, § 438; Code 1988, § 441; Or d.
98A(1), 8598, § 4503; Ord. 094(1), 2409)
S tate law reference—Va. Code § 3.26522.
Sec. 4402 Inoculation f or rabies at animal shelters.
Dogs and cats being adopted from an animal shelter during the period an emergency ordinance is in force, as
provided in section 4401 may be inoculated for rabies by a certified animal technician at such shelter if the certif ied
animal technician is under the immediate and direct supervision of a licensed veterinarian. **New section and mirrors
Code of Virginia language.
(Ord. 094(1), 2409)
S tate law reference—Va. Code §3.26523.
Sec. 4403 501 Tag showing vaccination required on dogs at large.
I t shall be unlawful for any dog owner or his agent to allow a dog to run at large in the county at any time
without a collar and tag evidencing a r abies vaccination, as required by this article. **No changes.
(Code 1967, § 436; Code 1988, § 439; Or d. 98A(1), 8598, § 4501; Ord. 094(1), 2409)
Sec. 4404 504 Applicability of article.
T he provisions of this article shall not apply to any dogs temporarily brought into the county for a period not
to exceed thirty (30) days, f or showing or breeding purposes; provided, that any such dog shall remain confined at all
times. **No changes.
(Code 1967, § 439; Code 1988, § 442; Or d. 98A(1), 8598, § 4504; Ord. 094(1), 2409)
State law referen ceAuthority of county to adopt measures to prevent rabies, see Va. Code §§ 3.26525; 3.1796.100; as to control
of rabies generally, see Va. Code §§ 32.148.l to 32.148.4.
ARTICLE VI. ANIMAL NOISE
Return to exec summary
COUNTY OF ALBEMARLE
EXECUTIVE SUMMARY
AGENDA TITLE:
Buck’s Elbow Mountain Tow er Lease
SUBJECT/PR OPOSAL/REQUEST:
Public H earing to Approv e a Telecommunications
Tower Leas e on Buck’s Elbow Mountain
STAFF CON TA CT(S):
Messrs. Tucker, Elliott, Davis, Hanson, and Ms.
Kim
LEGAL R EVIEW: Yes
AGENDA DA TE:
June 3, 2009
ACTION: X INFORMATION :
CON SENT A GEND A:
A CTION: INFORMATION:
ATTACH MEN TS: Yes
REVIEW ED BY:
BACK GROUND :
The County owns a 120foot telecommunications tow er and tower s ite on Buck’s Elbow Mountain. This tow er hosts
equipment used by the CharlottesvilleU .Va.Albemarle County Emergency Communications Center (“ECC”) as part
of the regional 800 MH z. public safety radio system. From 1996 to 2001, the County leased exces s s pace on the
tower and ground spac e for an equipment shelter to Charlottesville C ellular Partnership, the local lic ens ing entity for
U.S. Cellular Corporation. In July 2001, the C ounty renew ed the lease for an additional fiveyear term that ended in
July 2006. Since the ex piration of the lease, U.S. C ellular has remained onsite and continued to mak e payments
according to the lease terms. Payments for FY 2007 and FY 2008 totaled $16,348.29.
After obtaining a fair mark et value study from RCC C ons ulting, a firm that the ECC has contracted for various
telecommunications matters, staff began negotiating a new lease in the spring of 2008. The resulting lease,
attached to this summary, has been ac cepted by U.S. Cellular. Virginia C ode § 15.21800 requires the Board to
hold a public hearing prior to approving a lease of this County property.
STRA TEGIC PLAN:
Goal 1: Enhance the Quality of Life for all Albemarle County Residents.
DISCU SSION :
In the proposed lease, U.S. C ellular agrees to significant retroactive rent increases for FY 2007 and 2008 as well as
significantly higher rental rates for the new, 5year term of the lease. These increases reflect the fair market values
determined by RCC Consulting; see Attachment A, Section 7 – Rent. For the first y ear of the new term (July 1,
2008June 30, 2009), U.S. Cellular w ill pay the County $24,189—an increase of approximately 296 perc ent from the
annual rent of $8,174 for FY 2008. In addition, U.S. Cellular will pay the difference betw een the new rental rate and
the rate paid in years 2006 and 2007 as retroactive rent. Within ten days of lease ex ecution, U.S. Cellular will pay
the County both the retroactive rent inc reases and Year 1 rent for a total of $54,124.71. During the 5y ear term, rent
will inc rease by 3 percent each year. Following this initial term, the parties may extend the lease for up to two
renewal terms of five years each. Rental rates for these renew al terms will be negotiated based on then prevailing
fair market values for the tower space.
ECC s taff provides the following information in response to questions raised by the Board at its May 13th meeting:
1. While in the pas t, the ECC has received some inquiries from other telecommunications providers about
locating equipment on the Buc k’s Elbow tower, the ECC does not recommend permitting additional
telecommunic ations tenants. Firs t and foremos t, the tower is a public safety communications tower and
must be maintained to serve c urrent and future system needs . U.S. Cellular has been permitted as a tenant
only because it held a longterm lease beginning in 1996 that granted it options for additional terms.
2. No forestry generator exists at the Buck’s Elbow tower site.
3. The proposed leas e provides U .S. Cellular a 240 square foot nonexclusive ground lease for the placement of
its equipment s helter and generator.
BUDGET IMPACT:
In addition to the $54,124.71 payment for the retroac tive increase and Year 1 of the lease, the following payments
will be made to the County in subsequent years of the 5year term:
Y ear 2: $24,915
Y ear 3: $25,662
Y ear 4: $26,432
Y ear 5: $27,225
Should U.S. C ellular choose to locate an additional 10 foot microwave dish on the tow er, the above annual rents will
increase by the following amounts:
Y ear 2: $8,912
Y ear 3: $9,179
Y ear 4: $9,454
Y ear 5: $9,738
RECOMMENDA TION S:
After the public hearing, staff recommends that the Board approve the attached lease (Attachment A).
ATTAC HMENTS
A – Proposed Lease
B – Leas e Exhibit A
Ret urn t o regular agenda
TO WER AND G R O UND SPACE LEASE
Th is le a s e is m a d e a n d e n te re d in to th e ________________ d a y o f 2 0 0 9 , b y a n d
b e twe e n th e CO UNTY O F AL BEM ARL E, a p o litic a l s u b d iv is io n o f th e Co m m o n we a lth o f
Virg in ia , wh o s e p rin c ip a l a d d re s s is 4 0 1 M c In tire R o a d , Ch a rlo tte s v ille , Virg in ia 2 2 9 0 2 4 5 9 6 ,
h e re in a fte r re fe rre d to a s "L e s s o r," a n d Ch a rlo tte s v ille C e llu la r Pa rtn e rs h ip , a Wa s h in g to n ,
D.C. g e n e ra l p a rtn e rs h ip with its p rin c ip a l p la c e o f b u s in e s s a t 8 4 1 0 We s t Bry n M a wr
Av e n u e , Su ite 7 0 0 , Ch ic a g o , Illin o is 6 0 6 3 1 , h e re in a fte r re fe rre d to a s "L e s s e e ."
WITNESS:
WHEREAS, th e L e s s o r a n d L e s s e e we re p a rtie s to a To we r a n d Gro u n d Sp a c e L e a s e
fro m J u ly 1 , 1 9 9 6 to J u ly 1 , 2 0 0 1 (th e “Orig in a l L e a s e ”) a n d a n Ad d e n d u m to th e Orig in a l
L e a s e fo r th e te rm o f J u ly 1 , 2 0 0 1 to J u ly 1 , 2 0 0 6 (th e “Ad d e n d u m ”), a n d d e s ire to e n te r in to
a n e w to we r a n d g ro u n d s p a c e le a s e .
WHEREAS, th e L e s s o r is th e o wn e r o f c e rta in re a l p ro p e rty in th e Bu c k 's Elb o w a re a o f
Alb e ma rle Co u n ty wh ic h h a s a n e x is tin g c o mm u n ic a tio n s to we r e re c te d o n it a n d e x is tin g
c o m m u n ic a tio n s e q u ip m e n t o wn e d b y L e s s e e ; a n d
WHEREAS, th e L e s s e e d e s ire s to le a s e a p o rtio n o f th e p ro p e rty , in c lu d in g s o m e
s p a c e o n th e to w e r.
NO W THEREFO RE, in c o n s id e ra tio n o f th e m u tu a l p ro m is e s , c o n d itio n s a n d o th e r
g o o d a n d v a lu a b le c o n s id e ra tio n o f th e p a rtie s h e re to , it is c o v e n a n te d a n d a g re e d a s
fo llo ws :
1 . Prope rty . Th e L e s s o r is th e o w n e r o f c e rta in p ro p e rty , h e re in a fte r re fe rre d to a s th e
"Pro p e rty ," lo c a te d in th e Co u n ty o f Alb e m a rle , Sta te o f Virg in ia , id e n tifie d a s th e "To w e r Site "
o n Ex h ib it A, wh ic h is a tta c h e d h e re to a n d in c o rp o ra te d h e re in b y re fe re n c e . L e s s o r a ls o is
th e o w n e r o f a 1 2 0 fo o t te le c o m m u n ic a tio n s to we r, h e re in a fte r re fe rre d to a s th e "To we r,"
wh ic h is lo c a te d o n th e Pro p e rty . Th e p o rtio n o f th e Pro p e rty th a t h a s b e e n u s e d b y L e s s e e
fo r its te le c o m m u n ic a tio n s fa c ility , h e re in a fte r re fe rre d to a s th e "Site ," is d e p ic te d o n Ex h ib it
A, wh ic h is a tta c h e d h e re to a n d in c o rp o ra te d h e re in b y re fe re n c e . Th e d e m is e d p re m is e s
re fe rre d to in Se c tio n 2 a re lo c a te d w ith in th e Site .
2 . De m is e of Pre m is e s . L e s s o r h e re b y le ts a n d d e m is e s u n to L e s s e e , a n d L e s s e e
h e re b y re c e iv e s a n d a c c e p ts fro m L e s s o r, th e fo llo win g d e s c rib e d Pre m is e s :
"To we r Sp a c e ”: Atta c h m e n t lo c a tio n s o n th e To we r lo c a te d o n th e Site fo r th e
p la c e m e n t a n d a ffix in g o f: two (2 ) a p p roxima te ly 6’ panel ante n n a s, 1 Rad Ce n te r a p p roximate ly
9 0’ above g ro u n d le v e l, two (2 ) a p p roxima te ly 4 ’ p a n e l a n tennas, 1 Rad Ce nter appro ximate ly
1 00’ a b o ve g ro u n d leve l and lin e s (1 5 /8 ” co a x ia l ca b le ), a n d a tta c h m e n t lo c a tio n s fo r th e
p la c e m e n t a n d a ffix in g o f u p to two (2 ) te n fo o t micro wa ve d ish e s, 1 Ra d Cente r appro ximately
7 0’ a b o ve g round leve l a n d lin e s (1 5 /8 ” c o a x ia l c a b le ), a n d a d d itio n a l a tta c h m e n t lo c a tio n s
o n th e To we r a s a u th o riz e d b y th e L e s s o r in writin g .
“Gro u n d Sp a c e ": 2 4 0 s q u a re fe e t o f g ro u n d s p a c e a t th e Site , a d ja c e n t to the base o f
the To we r fo r the p la ce me nt o f a ra d io statio n co n crete e q u ip ment s h e lte r ("Less e e 's Bu ild in g ")
a ppro x ima tely 20’ X 1 2 ’, one g e n e ra to r, one fuel ta n k and a lin e bridge structure.
"Ac c e s s Ea s e m e n t": A n o n e x c lu s iv e e a s e m e n t o v e r th e Site , m e a s u rin g
a p p ro x im a te ly 9 9 fe e t in wid th a n d 9 8 fe e t in le n g th fo r in g re s s a n d e g re s s e x te n d in g a c ro s s
th e Pro p e rty , wh ic h e a s e m e n t s h a ll b e fo r th e p u rp o s e s d e s c rib e d h e re in .
"Utility Ea s e m e n t”: An e a s e m e n t fo r u tility lin e s a n d re la te d a p p u rte n a n c e s e x te n d in g
b e twe e n th e Site a n d s u ita b le u tility c o m p a n y s e rv ic e p o in ts .
Th e To we r Sp a c e , G ro u n d Sp a c e , Ac c e s s Ea s e m e n t a n d Utility Ea s e me n t a re
c o lle c tiv e ly re fe rre d to h e re in a fte r a s th e "Pre m is e s ," a n d e a c h s h a ll b e lo c a te d o n th e Site a s
s h o wn o n Ex h ib it A.
3 . Us e of the Pr e m is e s . L e s s e e s h a ll b e e n title d , a t L e s s e e 's s o le e x p e n s e , to u s e
a n d o c c u p y th e Pre m is e s fo r th e c o m m e rc ia l p u rp o s e o f a ffix in g , in s ta llin g , o p e ra tin g a n d /o r
m a in ta in in g fo u r c e llu la r a n te n n a s a n d two m ic ro wa v e a n te n n a s o n th e To we r Sp a c e , a n
a c c e s s ro a d o n th e Ac c e s s Ea s e m e n t, a n e q u ip m e n t b u ild in g o n th e Gro u n d Sp a c e , a n d a
s e c u rity fe n c e a ro u n d th e p e rim e te r o f th e Pre m is e s , to g e th e r with a ll n e c e s s a ry lin e s ,
a n c h o rs , c o n n e c tio n s , c o n d u its , d e v ic e s , a n d e q u ip m e n t fo r th e tra n s m is s io n , re c e p tio n ,
e n c ry p tio n , a n d tra n s la tio n o f v o ic e a n d d a ta s ig n a ls b y m e a n s o f ra d io fre q u e n c y e n e rg y
a n d la n d lin e c a rria g e , a s s h o wn o n Ex h ib it A.
4 . Te rm . Th e te rm o f th is L e a s e s h a ll b e fiv e (5 ) y e a rs , c o m m e n c in g o n J u ly 1 , 2 0 0 8
a n d e x p irin g o n J u n e 3 0 , 2 0 1 3 (th e “O rig in a l Te rm ”).
5 . Exte nsions of Te rm. The p a rties ackn o wle d g e th a t it is th e ir inte n t to e xte n d th e le a se
for two (2 ) a d d itio n a l, fiv e (5 ) y e a r te rms u p o n th e fo llo win g c o n d itio n s :
(a ) Th e c o n d itio n s a n d p ro v is io n s conta in e d in this lea se will b e th e basis for any
lease a mendme n t e x e cute d fo r a ren e wal term, exce p t fo r th e re n ta l terms in
Se ctio n 7.
(b ) The annual re n t a n d a n n u a l p e rcenta g e in c rease in re n t fo r e a ch renewa l term will
be d e termined b y th e parties prior to th e re n e wa l term to re flect th e n e xistin g marke t
conditio n s (fair marke t value). Fair marke t v a lu e will b e d e termined by a th ird pa rty
appraise r to b e mu tu a lly a gre e d upon b y the p a rtie s.
(c) Written n o tice o f in tent to re n e w mu st be p ro vided by Lesse e to Lesso r no late r
th a n ninety (90) d a ys prio r to the e xpira tion o f th e cu rren t te rm.
(d ) Notwith s ta n d in g the pro vision s of th is sectio n , n e ither party is b o u n d to acce p t a
renewa l te rm.
(e ) Neith e r th e o riginal nor a n y re n e wa l te rm o f th is Lease s h a ll be establish e d with o u t
th e exp re ss writte n c o n sent of the L e ssor.
All refe re n ces in this Lease to th e "term" o f th is L e a se shall be dee me d to in clude th e o rig in a l term
h ere o f a n d a n y and a ll e xte nsio n s there of p u rsuant to this Se ctio n .
6 . Option to Te rm ina te . L e s s e e s h a ll h a v e th e u n ila te ra l rig h t to te rm in a te th is L e a s e
a t any time b y g iv in g writte n n o tic e to L e s s o r o f L e s s e e 's e x e rc is e o f th is o p tio n a n d p a y in g
L e s s o r th e a m o u n t o f Twe n ty Fo u r Th o u s a n d , O n e Hu n d re d a n d Eig h ty Nin e Do lla rs a n d
($2 4 ,1 8 9 .0 0 ) a s liq u id a te d d a m a g e s . Th e s e liq u id a te d d a m a g e s a re fo r L e s s o r's d a m a g e s
re s u ltin g fro m th e te rm in a tio n o f th e L e a s e o n ly , a n d b y L e s s o r's a c c e p ta n c e th e re o f, L e s s o r
d o e s n o t wa iv e a n y rig h t o r re m e d y it m a y h a v e a g a in s t L e s s e e a ris in g fro m a n y d e fa u lt b y
L e s s e e a s d e s c rib e d in Se c tio n 1 6 o f th e L e a s e , fro m a n y d a m a g e c a u s e d b y L e s s e e to th e
Pro p e rty o r a n y im p ro v e m e n ts th e re o n , o r fro m L e s s e e 's fa ilu re to re m o v e its p ro p e rty
a n d /o r re s to re th e p ro p e rty if re q u e s te d to d o s o b y L e s s o r, a s p ro v id e d in Se c tio n 2 4 .
7 . Re nt.
7 .1 . O rig in a l Te rm Re n t. Re n t fo r Ye a r O n e o f th e Orig in a l Te rm , b e g in n in g J u ly 1 ,
2 0 0 8 a n d e n d in g J u n e 3 0 , 2 0 0 9 , s h a ll b e Twe n ty Fo u r Th o u s a n d , O n e Hu n d re d a n d Eig h ty
Nin e Do lla rs ($2 4 ,1 8 9 .0 0 ). In Ye a rs Two , Th re e , Fo u r a n d Fiv e , re n t s h a ll in c re a s e a n n u a lly
b y th re e (3 ) p e rc e n t, a s s h o wn b e lo w:
Ye a r 2 : $2 4 ,9 1 5
Ye a r 3 : $2 5 ,6 6 2
Ye a r 4 : $2 6 ,4 3 2
Ye a r 5 : $2 7 ,2 2 5
7 .2 . Re tro a c tiv e Re n t. R e n t fo r th e p e rio d o f J u ly 1 , 2 0 0 6 to J u n e 3 0 , 2 0 0 8 s h a ll b e
a s fo llo ws : $2 2 ,8 0 0 fo r th e te rm J u ly 1 , 2 0 0 6 to J u n e 3 0 , 2 0 0 7 , a n d $2 3 ,4 8 4 fo r th e te rm
J u ly 1 , 2 0 0 7 to J u n e 3 0 , 2 0 0 8 . Th e p a rtie s a g re e th a t L e s s e e s h a ll re m it to L e s s o r Twe n ty
Nin e Th o u s a n d , Nin e Hu n d re d a n d Th irty Fiv e Do lla rs a n d Se v e n ty O n e Ce n ts ($2 9 ,9 3 5 .7 1 )
with in te n (1 0 ) d a y s o f e x e c u tin g th is L e a s e , w h ic h is th e d iffe re n c e b e twe e n th e re n t p a id b y
L e s s e e fo r th e 2 0 0 6 0 7 a n d 2 0 0 7 0 8 le a s e y e a rs ($1 6 ,3 4 8 .2 9 ) a n d th e re n t e s ta b lis h e d b y
th is Se c tio n .
7 .3 . Su b m is s io n o f Re n t. Re n t fo r Ye a r O n e in th e a m o u n t o f $2 4 ,1 8 9 s h a ll b e d u e
with in te n (1 0 ) d a y s o f e x e c u tin g th is L e a s e . R e n t fo r Ye a rs Two th ro u g h Fiv e s h a ll b e d u e
a n n u a lly o n th e firs t d a y o f e a c h L e a s e y e a r (J u ly 1 ). Pa y m e n t s h a ll b e m a d e to th e Co u n ty
o f Alb e m a rle , De p a rtm e n t o f Fin a n c e , 4 0 1 M c In tire Ro a d , Ch a rlo tte s v ille , Virg in ia 2 2 9 0 2
4 5 9 6 , a n d th e p a y m e n t s h a ll id e n tify th a t it is fo r th e Bu c k 's Elb o w To we r a n d Gro u n d Sp a c e
L e a s e , a n d s ta te th e d a te o f th is L e a s e .
7 .4 . Re n t fo r Ad d itio n a l M ic ro wa v e Dis h . In th e e v e n t th a t L e s s e e a d d s a n a d d itio n a l
te n fo o t m ic ro wa v e d is h to th e To we r fo r a to ta l o f two (2 ) te n fo o t m ic ro wa v e d is h e s o n th e
To we r, th e fo llo win g re n t will b e c h a rg e d a s a d d itio n a l re n t to b e p a id th e L e s s o r b e y o n d th e
re n t p a y m e n ts d e s c rib e d in Se c tio n 7 .1 . Su c h a d d itio n a l re n t fo r th e a d d itio n a l m ic ro wa v e
d is h s h a ll b e c a lc u la te d a n d p a id a s fo llo w s :
7 .4 .1 . Re n t fo r th e a d d itio n a l m ic ro wa v e d is h s h a ll b e c a lc u la te d b y ta k in g th e
a m o u n t o f $7 0 0 p e r m o n th , wh ic h is th e re n ta l v a lu e th a t wo u ld h a v e b e e n
c h a rg e d fo r th e p e rio d o f J u ly 1 , 2 0 0 6 to J u n e 3 0 , 2 0 0 7 , a n d a p p ly in g a n a n n u a l
th re e (3 ) p e rc e n t in c re a s e fo r e a c h c o n tra c t y e a r s in c e J u n e 3 0 , 2 0 0 7 . Th e
a n n u a l re n t d u e fo r th e a d d itio n a l d is h s h a ll b e p a id a s fo llo ws , m in u s a n y
p ro ra tio n b a s e d o n th e n u m b e r o f m o n th s re m a in in g in th e c o n tra c t y e a r a t th e
tim e o f a n te n n a in s ta lla tio n :
Ye a r 1 : $8 6 5 2
Ye a r 2 : $8 9 1 2
Ye a r 3 : $9 1 7 9
Ye a r 4 : $9 4 5 4
Ye a r 5 : $9 7 3 8
8 . M a inte na nc e .
8 .1. Ma in tenance of th e Towe r. L e s s o r s h a ll, a t L e s s o r's e x p e n s e , k e e p th e To we r in
g ood conditio n and rep a ir, a n d in clude the To wer in a regular regime o f in s p e ctio n and
mainte n a n ce . In th e e ve n t th a t th e co n d ition of the Tower is such th a t Lesse e is u n a b le to
transmit, re ce ive, e n cryp t a n d tra n sla te voice a n d d a ta sig n a ls by means o r ra d io fre q u e n c y
e nerg y a n d la n d lin e ca rriage from the Site, a n d su ch co n ditio n is th e re s u lt o f L e s s o r's fa ilu re to
k e e p th e To we r in g o o d c o n d itio n a n d re p a ir, L e s s o r s h a ll, u p o n re c e ip t o f n o tic e fro m L e s s e e
o f s u c h in a b ility , p ro m p tly m a k e n e c e s s a ry re p a irs to restore L esse e 's ability to p ro vide such
se rvice s . In th e alte rnative, Less o r may auth o rize L e ssee to ma ke such nece ssary re p a irs b y
written agreeme n t wh ich s h a ll, amo n g o ther th in g s, sp e c ify the work to b e p e rfo rmed and the cost
therefo r. No twith s ta n d in g th e fo re g o in g , L e s s e e m a y e ffe c tu a te e me rg e n c y re p a irs to th e
To we r with th e p rio r a u th o riz a tio n o f L e s s o r, wh o s h a ll re im b u rs e L e s s e e fo r th e re a s o n a b le
co st fo r such repairs . Lesso r sh a ll n o t u n rea sonably withh o ld su ch p rio r a u th o rizatio n .
8 .2 . M a in te n a n c e a n d Re p la c e me n t o f Eq u ip m e n t. L e s s e e s h a ll k e e p a ll o f its
a n te n n a s , lin e s , a n c h o rs , c o n n e c tio n s , c o n d u its , d e v ic e s , a n d o th e r e q u ip m e n t lo c a te d o n th e
To we r in g o o d c o n d itio n a n d re p a ir. All tra s h a n d u n wa n te d d e b ris s h a ll b e p ro p e rly
d is p o s e d o f a n d re m o v e d fro m th e p re m is e s . L e s s e e m a y m a in ta in a n d re p a ir a n y lin e s ,
a n c h o rs , c o n n e c tio n s , d e v ic e s o r e q u ip m e n t with o u t p rio r c o n s e n t o f th e L e s s o r.
L e s s e e s h a ll n o t a d d a n y a n te n n a s to th e To we r, o r re lo c a te its a n te n n a s , with o u t th e
p rio r writte n c o n s e n t o f L e s s o r, wh ic h c o n s e n t s h a ll n o t b e u n re a s o n a b ly with h e ld o r
d e la y e d . L e s s e e s h a ll n o t a d d o r re lo c a te a n y a n te n n a s , lin e s , a n c h o rs , c o n n e c tio n s ,
d e v ic e s o r e q u ip m e n t with o u t th e p rio r writte n c o n s e n t o f L e s s o r, wh ic h c o n s e n t s h a ll n o t b e
u n re a s o n a b ly with h e ld o r d e la y e d . In a d d itio n , p rio r to re p la c in g a n y c u rre n tly e x is tin g
e q u ip m e n t o r a n te n n a s with n e w o r m o d ifie d e q u ip m e n t, L e s s e e s h a ll c o n d u c t a s tru c tu ra l
a n a ly s is o f th e to we r, a t its s o le e x p e n s e , to e n s u re th a t a n y n e wly p la c e d e q u ip m e n t will n o t
im p a ir th e s tru c tu ra l in te g rity o f th e to we r a n d p ro v id e a c o p y o f th e s tru c tu ra l a n a ly s is re p o rt
to L e s s o r. L e s s e e s h a ll s u b m it to L e s s o r th e n a m e s a n d p ro p o s a ls o f th re e (3 ) c o n tra c to rs
q u a lifie d to p e rfo rm th a t wo rk fo r s e le c tio n b y L e s s o r.
9 . Av ia tion Ha z a r d M a rk ing. L e s s o r s h a ll, a t L e s s o r's s o le c o s t a n d e x p e n s e , c o m p ly
a t a ll tim e s with th e To we r m a rk in g , lig h tin g , re c o rd in g a n d n o tific a tio n re q u ire m e n ts o f th e
Fe d e ra l Co m m u n ic a tio n s Co m m is s io n a n d th e Fe d e ra l Av ia tio n Ad m in is tra tio n .
1 0 . Utilitie s . L e s s o r s h a ll c o o p e ra te with L e s s e e in a n y e ffo rts m a d e b y L e s s e e to
o b ta in u tility s e rv ic e s a t th e Site fo r L e s s e e 's in te n d e d u s e . L e s s e e s h a ll b e re s p o n s ib le fo r
th e s e p a ra te m e te rin g , b illin g , a n d p a y me n t o f its u tility c o n s u m p tio n b y its o p e ra tio n .
1 1 . Ta x e s . L e s s e e s h a ll p a y a ll p e rs o n a l p ro p e rty ta x e s le v ie d a g a in s t L e s s e e 's
Bu ild in g a n d L e s s e e 's b a s e s ta tio n e q u ip m e n t. L e s s o r s h a ll c la im a n y e x e m p tio n fro m re a l
a n d p e rs o n a l p ro p e rty ta x e s to wh ic h L e s s o r is e n title d .
1 2 . Com plia nc e w ith La w s . L e s s e e , s h a ll, a t L e s s e e 's c o s t a n d e x p e n s e , c o m p ly with
a ll fe d e ra l, s ta te , c o u n ty o r lo c a l la ws , ru le s , re g u la tio n s a n d o rd in a n c e s n o w o r h e re a fte r
e n a c te d b y a n y g o v e rn m e n ta l a u th o rity o r a d m in is tra tiv e a g e n c ie s h a v in g ju ris d ic tio n o v e r
th e Pre m is e s a n d L e s s e e 's o p e ra tio n s th e re u p o n .
1 3 . Inde m nific a tion. L e s s e e s h a ll in d e m n ify a n d h o ld L e s s o r h a rm le s s fro m a n d
a g a in s t a n y lo s s , d a m a g e , o r in ju ry c a u s e d b y , o r o n b e h a lf o f, o r th ro u g h th e fa u lt o f
L e s s e e , its o ffic e rs , e m p lo y e e s a n d a g e n ts . No th in g in th is Se c tio n s h a ll re q u ire L e s s e e to
in d e m n ify a n d h o ld L e s s o r h a rm le s s fro m a n d a g a in s t a n y lo s s , d a m a g e , o r in ju ry c a u s e d
b y , o r o n b e h a lf o f, o r th ro u g h th e fa u lt o f L e s s o r its o ffic e rs , e m p lo y e e s a n d a g e n ts .
1 4 . Ins ur a nc e . L e s s e e s h a ll c o n tin u o u s ly m a in ta in in fu ll fo rc e a n d e ffe c t a p o lic y o f
c o m m e rc ia l g e n e ra l lia b ility in s u ra n c e with limits o f n o t le s s th a n On e Millio n Do lla rs c o v e rin g
L e s s e e 's wo rk a n d o p e ra tio n s u p o n th e Pro p e rty . L e s s e e s h a ll n a m e th e "Co u n ty o f
Alb e m a rle , its o ffic e rs , a g e n ts , e m p lo y e e s a n d v o lu n te e rs " a s a d d itio n a l in s u re d s a n d , with in
fiv e d a y s o f th e e x e c u tio n o f th is L e a s e , s h a ll p ro v id e to L e s s o r a c e rtific a te o f in s u ra n c e s o
s ta tin g .
1 5 . Inte rfe re nc e . L e s s e e 's b a s e s ta tio n s h a ll b e in s ta lle d a n d o p e ra te d in a m a n n e r
wh ic h d o e s n o t c a u s e in te rfe re n c e to th e o p e ra tio n s o f a n y Pro te c te d Us e rs . "Pro te c te d
Us e r" s h a ll m e a n a n y u s e r o f th e Site a n d th e To we r wh o s e c la im e d p ro te c te d o p e ra tio n s
c h ro n o lo g ic a lly p re d a te L e s s e e 's a c c u s e d o ffe n d in g o p e ra tio n s . L e s s e e a g re e s to
im m e d ia te ly c u re a n y s u c h in te rfe re n c e o r, if s u c h in te rfe re n c e c a n n o t im m e d ia te ly b e
c u re d , to te m p o ra rily re d u c e p o we r o r c e a s e th e o ffe n d in g o p e ra tio n s , if s o d e m a n d e d b y
L e s s o r o n th e g ro u n d o f in te rfe re n c e , u n til a c u re a t fu ll p o we r is a c h ie v e d . L e s s o r c o v e n a n ts
to u s e L e s s o r's b e s t e ffo rts to p ro te c t L e s s e e fro m in te rfe re n c e c a u s e d o r p o te n tia lly c a u s e d
b y s u b s e q u e n t u s e rs o f c h a n g e s in u s e .
1 6 . De fa ult. If L e s s o r o r L e s s e e fa ils to c o m p ly with a n y p ro v is io n s o f th is L e a s e wh ic h
th e o th e r p a rty c la ims to b e a d e fa u lt h e re o f, th e p a rty m a k in g s u c h c la im s h a ll s e rv e writte n
n o tic e o f s u c h d e fa u lt u p o n th e d e fa u ltin g p a rty , wh e re u p o n a g ra c e p e rio d o f th irty (3 0 ) d a y s
s h a ll c o m me n c e to ru n d u rin g wh ic h th e d e fa u ltin g p a rty s h a ll u n d e rta k e a n d d ilig e n tly
p u rs u e a c u re o f d e fa u lt. Th e g ra c e p e rio d s h a ll a u to m a tic a lly b e e x te n d e d fo r a n a d d itio n a l
th irty (3 0 ) d a y s , p ro v id e d th e d e fa u ltin g p a rty m a k e s a g o o d fa ith s h o win g th a t e ffo rts
to wa rd a c u re a re c o n tin u in g .
1 7 . Q uie t Enjoy m e nt. L e s s o r h e re b y c o v e n a n ts th a t L e s s e e s h a ll h a v e q u ie t a n d
p e a c e fu l e n jo y m e n t o f th e Pre m is e s th ro u g h o u t th e le a s e te rm a s lo n g a s L e s s e e is n o t in
d e fa u lt h e re u n d e r.
1 8 . Title , Ac c e s s a nd A uthority . L e s s o r c o v e n a n ts a n d wa rra n ts to L e s s e e th a t
L e s s o r p re s e n tly o wn s th e fe e s im p le in te re s t in a n d to th e Pro p e rty ; th a t L e s s o r is d u ly
a u th o riz e d a n d e m p o we re d to e n te r in to th is L e a s e ; a n d th a t th e p e rs o n e x e c u tin g th is
le a s e o n b e h a lf o f th e L e s s o r wa rra n ts h im s e lf to b e d u ly a u th o riz e d to b in d th e L e s s o r
h e re to .
19. As signment of Les s e e 's Inte re s t. L e ssee's inte rest unde r th is Lease ma y be free ly
a ssig n e d in connection with th e transfer of the Fe d e ra l Communica tions Co mmission
a utho riza tion to o p e ra te a ce llular commo n carrie r mo b ile radio te le p h o n e c o mmunicatio n s
syste m, so th a t th e n a me and id e n tity o f the h o lder o f L e sse e's in te re st hereunder can be
co n siste n t with the name and identity of th e h o ld e r o f sa id Fe d e ral Co mmu n icatio n s Co mmission
a utho riza tion. Any o th e r a s s ig n m e n t o f th is L e a s e b y L e s s e e s h a ll re q u ire L e s s o r's p rio r writte n
c o n s e n t, wh ic h c o n sent sh a ll not b e unreaso n a b ly withheld.
2 0 . Env ir onm e nta l Wa r ra nty . L e s s o r h e re b y re p re s e n ts a n d w a rra n ts to L e s s e e th a t
L e s s o r h a s n e v e r g e n e ra te d , s o rte d , h a n d le d , o r d is p o s e d o f a n y h a z a rd o u s wa s te o r
h a z a rd o u s s u b s ta n c e s u p o n th e Pre m is e s , a n d th a t L e s s o r h a s n o k n o wle d g e o f s u c h u s e s
h is to ric a lly h a v in g b e e n m a d e o f th e Pre m is e s o r s u c h s u b s ta n c e s h is to ric a lly h a v in g b e e n
in tro d u c e d th e re u p o n .
2 1 . Subordina tion. L e s s e e a g re e s to s u b o rd in a te th is L e a s e to a n y m o rtg a g e o r tru s t
d e e d w h ic h m a y h e re a fte r b e p la c e d o n th e Pre m is e s , p ro v id e d s u c h m o rtg a g e e o r tru s te e
th e re u n d e r s h a ll in u re to L e s s e e th e rig h t to p o s s e s s io n o f th e Pre m is e s a n d o th e r rig h ts
g ra n te d to L e s s e e h e re in s o lo n g a s L e s s e e is n o t in d e fa u lt b e y o n d a n y a p p lic a b le g ra c e o r
c u re p e rio d , s u c h a s s u ra n c e to b e in a fo rm re a s o n a b ly s a tis fa c to ry to L e s s e e .
2 2 . Notic e s . An y n o tic e , d e m a n d o r c o m m u n ic a tio n wh ic h L e s s o r o r L e s s e e s h a ll
d e s ire o r b e re q u ire d to g iv e p u rs u a n t to th e p ro v is io n s o f th is L e a s e , s h a ll b e s e n t b y
re g is te re d o r c e rtifie d m a il; a n d th e g iv in g o f s u c h n o tic e s s h a ll b e d e e m e d c o m p le te u p o n
m a ilin g in a Un ite d Sta te s Po s t O ffic e with p o s ta g e c h a rg e s p re p a id , a d d re s s e d a s in d ic a te d
b e lo w , o r to s u c h o th e r a d d re s s a s s u c h p a rty m a y h e re to fo re h a v e d e s ig n a te d .
If to L e s s o r:
To m Ha n s o n , Dire c to r
Ch a rlo tte s v ille U.Va .Alb e m a rle Co u n ty Em e rg e n c y Co m m u n ic a tio n s Ce n te r
2 3 0 6 Iv y Ro a d
Ch a rlo tte s v ille , VA 2 2 9 0 3
If to L e ssee :
Ch a rlo tte s v ille Ce llu la r Pa rtn e rs h ip
Attn : Re a l Es ta te
8 4 1 0 We s t Bry n M a wr Av e ., Su ite 7 0 0
Ch ic a g o , Illin o is 6 0 6 3 1
2 3 . Le s s e e 's Pe rs ona l Pr ope rty . All p e rs o n a l p ro p e rty p la c e d u p o n th e Pre m is e s b y
L e s s e e s h a ll re m a in th e s o le a n d e x c lu s iv e p ro p e rty o f th e L e s s e e , a n d m a y b e re m o v e d b y
L e s s e e a t a n y tim e , in c lu d in g u p o n th e e x p ira tio n o r o th e r te rm in a tio n o f th is le a s e o r a n y
e x te n s io n h e re o f.
2 4 . Upon Ex pira tion of this Le a s e . Prio r to th e e x p ira tio n o r o th e r te rm in a tio n o f th is
L e a s e , L e s s e e m a y re m o v e L e s s e e 's b u ild in g , a n te n n a s a n d lin e s . Up o n th irty d a y s ' writte n
n o tic e p rio r to th e e x p ira tio n o r o th e r te rmin a tio n o f th is L e a s e , a t L e s s o r's re q u e s t, L e s s e e
s h a ll (i) re m o v e a n y o r a ll o th e r p e rs o n a l p ro p e rty p la c e d u p o n . th e Pre m is e s b y L e s s e e , (ii)
re q u e s t th a t o v e rh e a d u tility lin e s a n d re la te d a p p u rte n a n c e s b e re m o v e d fro m th e u tility
e a s e m e n t a n d (iii) re s to re th e Pre m is e s to its c o n d itio n a s o f th e o rig in a l d a te o f th is L e a s e .
In n o e v e n t s h a ll L e s s e e re m o v e a n y im p ro v e m e n ts m a d e to th e To we r. Up o n th e e x p ira tio n
o r o th e r te rm in a tio n o f th is L e a s e , a ll im p ro v e m e n ts im p ro v e m e n ts m a d e b y th e L e s s e e o n
th e Site s h a ll re v e rt to L e s s o r a n d s h a ll b e fre e fro m a n y e n c u m b ra n c e a t th e tim e o f s u c h
re v e rs io n .
2 5 . Lim ita tion of Le s s or 's Lia bility . L e s s o r s h a ll n o t b e lia b le to L e s s e e fo r a n y
d a m a g e s wh a ts o e v e r fo r a n y d a m a g e to L e s s e e 's p ro p e rty lo c a te d o n th e Pre m is e s ,
in c lu d in g b u t n o t lim ite d to a n y e q u ip m e n t o f L e s s e e in s ta lle d o n th e To we r, o r fo r a n y
in te rfe re n c e with , o r a n y d a m a g e , in ju ry , o r lo s s to its o p e ra tio n s , c a u s e d b y fire , flo o d , win d ,
ra in , s n o w, h a il, ic e , lig h tn in g , e a rth q u a k e , o r a n y o th e r fo rc e o f n a tu ra l c a u s e , o r a n y
a c c id e n t n o t c a u s e d b y a n d n o t with in th e c o n tro l o f th e L e s s o r.
2 6 . Binding Effe c t. All o f th e c o v e n a n ts , c o n d itio n s a n d p ro v is io n s o f th is L e a s e s h a ll
in u re to th e b e n e fit o f a n d b e b in d in g u p o n th e p a rtie s h e re to a n d th e ir re s p e c tiv e
s u c c e s s o rs a n d a s s ig n s .
2 7 . Entir e Agr e e m e nt. Th is L e a s e c o n s titu te s th e e n tire a g re e m e n t b e twe e n th e
p a rtie s a n d s u p e rs e d e s a n y p rio r u n d e rs ta n d in g s o r o ra l o r writte n a g re e m e n ts b e twe e n th e
p a rtie s re s p e c tin g th e with in s u b je c t m a tte r.
2 8 . M odific a tions . Th is L e a s e c a n n o t b e m o d ifie d e x c e p t b y a writte n a g re e m e n t
e x e c u te d b y b o th p a rtie s e x p re s s ly s ta tin g th a t it s e e k s to m o d ify th is L e a s e .
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39-1B1
APPLE GR
EEN LN
S A D D L E HOL L O W C T
S E A L V ILLE RDAV
ALON WAYSEAL
RDG
BUCKS ELBOW LN
SADDLEBACK D R
HIGHLAN
D
E
R WAY
S A D D LE HOL L O W RDBUCKS ELB OW M TN RDMI
NT SPRI
NGS RDMIDDLE M T N RDTower Location
Albemarle County
White Hall District
0 1,500 3,000
Feet
Exhibit A
COUNTY OF ALBEMARLE
EXECUTIVE SUMMARY
AGENDA TITLE:
The Old Crozet School Arts Lease of the Old
Crozet Elementary School
SUBJECT/PR OPOSAL/REQUEST:
Public hearing for a proposed lease agreement
between the County and the Old Crozet School
Arts for a portion of the Old C rozet Elementary
School
STAFF CON TA CT(S):
Messrs. Tucker, Foley, Davis, Herrick,
Shadman, Freitas, and Shepherd; and Ms.
Ragsdale
LEGAL R EVIEW: Yes
AGENDA DA TE:
June 3, 2009
ACTION: X INFORMATION:
CON SENT A GEND A:
A CTION: INFORMATION:
ATTACH MEN TS: Yes
REVIEW ED BY:
BACK GROUND :
The Old Crozet Elementary School was built in 1924 and was used as a public school until 1990. From 1991
through 2007 the Charlottesville W aldorf School leased the facility. The Old Crozet Elementary Sc hool has been
vacant sinc e September 2007 when the Charlottesville W aldorf School lease expired. A reuse study w as conducted
and the final report was presented to the Board of Supervisors on September 3, 2008. The Board directed staff to
continue to explore long term uses, as w ell as interim us es of the property, until a long term use of the building is
determined.
Virginia Code § 15.21800 requires that the Board advertise and hold a public hearing prior to leasing Countyowned
property.
STRA TEGIC PLAN:
Goal 4: Effectively Manage the County ’s Grow th and D evelopment
Master Planning Direc tional Statement: “Adapts and reuses sites rather than abandoning them.”
DISCU SSION :
In purs uing the Board’s request to explore an interim use of the Old Crozet Elementary School by the private sector,
staff s olicited and received five propos als. Staff evaluated those propos als based on the following criteria:
• use in relation to proximity to elementary school and residential area
• R2 z oning compatibility
• proposed space needs (square footage)
• compatibility with desires of community per reuse s tudy
• maintenance respons ibilities
• utility cos ts
• subleasing proposed
• use of grounds
• proposed term of lease
• proposed rental fee
• compatibility with Croz et Master Plan
• facility upgrade needed/required
• full time vs. part time use
• timeliness to occupy building
Based on these criteria, tw o proposals were deemed potentially suitable and advantageous to the County’s goals:
the Field School of Charlottesville and the Old Crozet School Arts (“OC SA”). Because neither entity proposes to
use the entire facility, it is possible to leas e to both, maximizing the use of the facility. On May 6, 2009, the Board
approved a lease with the Field School of C harlottes ville for a portion of the Old Crozet Elementary School.
After dis cussions with the OCSA, staff drafted the attached lease agreement to lease 3,955 square feet of the
building s pace for an annual rent of $15,068.55. That figure is based on an annual square footage rental rate of
$2.79 plus a utility rate share of $1.02 per square foot. Though OCSA had requested free use of the facility and
paying only for utilities, the lease rental rate is the same as the Charlottesville Waldorf School’s rental rate increas ed
by the adjustment formula in that lease. It is also the rate charged to the Field School of Charlottesville. Staff
decided to use this methodology to determine the rental rate for several reasons:
• consis tency with prev ious and current leasing practic e for this facility
• the lack of features as sociated with a modern school building (e.g., c entral air conditioning, fire
suppression system) that w ould command a higher rate
• the lack of comparable facilities
Proposed lease provis ions include:
• oney ear term with option to renew
• landlord to provide water, sewer, electricity, and heating services
• tenant to provide telephone, janitorial, garbage disposal, snow removal and all other services
• tenant to provide routine maintenance and repairs, not to exceed $2,500.00 in any one year
• tenant may make minor alterations and aesthetic improv ements to the facility with County
permission
and at the expense of the tenant
• tenant may deduct from the rent certain preapproved costs incurred in making alterations,
additions, and improvements during the first term of the lease
The intended use of the facility will require an amendment to the existing special use permit, which currently
prohibits students from driving thems elves to school. The proposed amendment was recommended for approval by
the Planning Commiss ion on May 5, 2009. That recommendation will come before the Board for consideration
during the June 3, 2009 Board meeting. Approval of the lease would be contingent upon obtaining that amendment
to the special use permit.
BUDGET IMPACT:
Approval and implementation of this leas e w ould result in a gross inc rease in revenue of $15,068.55. Coupled
with the Field School of Charlottesville lease, the County would realize a gross increase in revenue of
$57,778.65. The County currently spends approximately $29,214.25 annually from the Department of General
Servic es operating budget for routine maintenance and utilities.
RECOMMENDA TION S:
After the public hearing, staff recommends that the Board approve the lease with the OCSA (contingent upon
obtaining the amendment to the spec ial use permit) and authorize the County Executive to sign the lease on behalf
of the County.
ATTAC HMENTS
A – Old C rozet School Arts Lease Agreement
Ret urn t o regular agenda
C OUNTY OF A LB EMARLE
EXECU TIVE SUMMAR Y
AGENDA TITLE:
SP 2009004 Old Crozet School Amendment
SUBJECT/PR OPOSAL/REQUEST:
STAFF CON TA CT(S):
Cilimberg, Ragsdale
LEGAL R EVIEW:
STAFF:
REBECC A R AGSDALE
AGEND A D ATE:
June 3, 2009
ACTION : X INFORMATION:
CONSEN T AGENDA:
ACTION : INFOR MA TION:
ATTAC HMENTS:
OW NER /APPLICAN T:
County of Albemarle (General Services ), Old Crozet Sc hool Arts, and Field School
BACK GROUND :
A public hearing was held on this spec ial use permit at the Planning Commission on May 5, 2009. The Planning
Commis sion recommended condition of approval is:
1. Maximum number of students ons ite attending private school use(s) shall not ex ceed 185 students .
DISCU SSION :
This condition was based on the maximum number of s tudents current available parking on site would allow .
However, this limitation is only neces sary if students are driving to sc hool, such as for adult education classes. The
current condition of approval allows up to 217 students, which was based on the maximum enrollment of the school
when it was a County elementary school. Of course, students did not drive to school then and did not when
Crossroads Waldorf School leased the site. There are no adverse impacts that result from permitting 271 students
other than inadequate parking if more than 185 are onsite who are driving. Staff opinion is that the need for
additional parking can be addressed through the site plan process or zoning clearance process depending on the
characteris tics of the students attending and, therefore, a 271 student maximum is ac ceptable.
RECOMMENDA TION S
Staff recommends approv al of SP 2009004 with the following condition:
Maximum number of students onsite at any one time attending private s chool use(s) shall not exceed
271 students.
View PC actions letter
View PC staff report and attachments
View PC minutes
Return to regular agenda
May 18, 2009
Albemarle County General ServicesGeorge Shadman/Michael Freitas
401 Mc Intire Road
Charlottesv ille, VA 22902
RE: SP200900004 Old Crozet School A rts
Tax Map 56, Parcels 61 & 62
Dear Mr. Shadman:
The Albemarle County Planning Commission, at its meeting on May 5, 2009, by a vote of 5:0, recommended
approval of the abovenoted petition to the Board of Supervisors.
Please note that this approval is subject to the following conditions:
1. Maximum number of students onsite attending private school use(s) shall not exceed 185 students.
Please be advised that the Albemarle County Board of Supervisors will review this petition and receiv e public
comment at their meeting on June 10, 2009.
If you should have any questions or c omments regarding the above noted action, please do not hesitate to contact
me at (434) 2965832.
Go to s taf f report
Ret urn t o ex ec summary
Sincerely,
Rebecca Ragsdale
Senior Planner
Planning D ivision
COUNTY OF ALBEMARLE
PLANNING STAFF REPORT SUMMARY
Project Name: SP2009004 Old C roz et School Staff: Rebec ca Ragsdale
Planning Commission Public Hearing:
May 5, 2009
Board of Supervisors Public Hearing:
June 10, 2009
Owners: C ounty of Albemarle Applicant: County of Albemarle
Acreage: 8.8 acres Special Use Permit: Private School
18.10.2.2.5
TMP: 56, Parcels 61 and 62
Location: 1408 Crozet Avenue
Existing Zoning and Byright use:
R2 Residential; Public school or residential uses
Magisterial District: White Hall Conditions: Yes
DA (Development Area): Crozet Requested # of D welling U nits: N A
Proposal: Amend special use permit to allow
reuse of the Old C rozet Sc hool for two private
schools
Comprehensive Plan Designation:
Crozet Transect (CT 1 & 2)
Development Area Preserve
Character of Property: School building and
recreation fields
Use of Surrounding Properties: Residential
and public elementary school
Factor Favorable:
1. The reuse of the building for
private school uses and cultural
arts instruc tion are consistent
with desired community uses
identified during the Old C roz et
School reuse study.
2. It will provide expanded
educational opportunities to the
community, loc ated near
residential areas.
3. Approval of the special use
permit would allow lease
agreements to be completed and
the lease of the building would
result in a gros s increase in
revenue of $42,710.10. The
County currently spends
approximately $29,214.25
annually from the Department of
General Servic es operating
budget for routine maintenanc e
and utilities
Factor Unfavorable:
1. No unfavorable factors have
been identified.
RECOMMENDATION: Staff recommends approval of this Special Use Permit, with conditions noted
on page 6 of this staff report.
STAFF PERSON : REBECCA R A GSDALE
PRIVA TE PLANN IN G C OMMISSION: May 5, 2009
B OAR D OF SUPER VISORS: June 10, 2009
SP 2009004 OLD C ROZET SC H OOL AMEND MENT
Petition:
PROJEC T: SP 20090004 Old Crozet School Arts
PROPOSED : R eques t to amend SP 9110 to allow for the existing Old C rozet School building and grounds
to be used for both a private school for arts instruction and also the Field School, a private middle sc hool
for boy s.
ZONING CATEGORY/GENER AL USAGE: R1 Res idential 1 unit/acre
SECTION: 18.10.2.2.5 Private Schools
COMPREHEN SIVE PLAN LAND USE/DEN SITY: Des ignated CT 1 D evelopment Area Preserve for
Parks and Greenways in the Crozet Master Plan and limited residential at densities of 1 dw elling unit per
20 acres.
ENTR ANCE CORRIDOR : N o
LOCATION: 1408 Crozet Avenue
TAX MAP/PAR CEL: 56, Parcels 61 and 62
MAGISTER IAL DISTR ICT: White Hall
Specifics of Proposal:
This is a request to amend the special use permit for a private school on the Old Crozet School
property. (SP 9110) The existing permit specifies that no students shall drive to school, but the
proposed private school for arts instruction would have students, or parents of students, driving to
the site for classes. The request is to remove that condition that prohibits student driving. The
C ounty w ill lease the Old School building to two tenants: Old Crozet School Arts (OC SA) and the
Field School.
OCSA is a nonprofit organization that would offer classes to the community in dance, visual arts,
music, theater, and other art forms to all ages. Additional information from OC SA is provided as
Attachment C . The Field School of Charlottesville is a private middle school for boys that is
currently located in the community building at Crozet Park and has a need for more space. The
Field School w ill have an estimated maximum enrollment of 100 students and OCSA will have an
estimated maximum of 84 students attending classes at one time or concurrent w ith Field School
classes; how ever there may be more students total enrolled in OC SA. The recommended
condition of approval on page 6 addresses the maximum number of students and not total
enrollment.
C haracteristics of the Site and Adjoining Area:
The property is zoned R2 R esidential and consists of 2 parcels that total 8.8 acres. The overall building
area is approximately 25,000 square feet, including the main level, basement, and an addition. The Old
C rozet School is included w ithin the potential Crozet National Register H istoric District as a contributing
structure. The school building is currently vacant and has been since the Charlottesville Waldorf School
relocated. There is an existing paved parking lot, which upon field survey has a total of approximately 41
spaces and potentially more spaces could be provided if the parking lot layout is reconfigured and
restriped. The zoning ordinance requirement is 37 spaces so there appears to be adequate parking. To
verify parking, a parking sketch is required by Zoning. Other site features include a playing field, a ball field,
and a basketball court. Parrot Branch runs along the southernmost property line boundary.
Surrounding the Old School property to the north, west, and south is the Crozet residential
neighborhood Laurel H ills, zoned R 2 R esidential. Across the street to the east is C rozet
Elementary School, which is zoned RA R ural Areas. The Crozet Development Area Boundary
runs just north or the Old Crozet School and along the northern property boundary of C rozet
Elementary School. Please refer to the attached location maps for more information. (Attachment
AAerial, Attachment BZoning)
B ackground:
The Old Crozet Elementary School was built in 1924 and used as a public school until 1990 w ith a
maximum enrollment of 271 students as a C ounty school. From 1991 through 2007 the Charlottesville
Waldorf School leased the facility. SP 9110 for a private school was approved June 5, 1991 with the
follow ing conditions:
1. Total enrollment shall be limited to 271 students. No students shall be permitted to drive to school.
2. Use shall not commence without approvals from the appropriate state, local, and federal agencies.
The restriction on students driving to school was intended to address concerns that a private school use
w ould be a higher traffic generator than the previous public school.
The Old Crozet School has been vacant since September 2007 when the Charlottesville Waldorf School
lease expired. A reuse study was conducted with community input gathered on preferred ideas on reuse
of the school. The final report w as presented to the Board on September 3, 2008. The Board directed
staff to continue to explore long term uses, as w ell as interim uses of the property, until a long term use of
the building is determined. Based on criteria from the study and other County goals, tw o of the proposals
w ere deemed potentially suitable and advantageous to the County: the Field School of C harlottesville and
the Old C rozet School of Arts. Because neither entity proposes to use the entire facility, it is possible to
lease to both, maximizing the use of the facility. Lease agreements are currently being negotiated w ith
the two schools underway and will be review ed by the Board, w ith required public hearings to be held prior
to lease approval.
C onformity with the C omprehensive Plan:
C rozet Master Plan
The C rozet Master Plan (CMP), Place Type & Built Infrastructure Map (inset below)
designates the Old Crozet School property as C rozet Transect (C T) 1 Edge Development Area Preserve.
This CMP land use designation was applied to all schools and parks in C rozet. Both the C T 1 and CT 2
land use recommendations are described together in Table 1 and Table 2 of the CMP. These areas are
intended to be predominately parks and preserved open space, w ith agricultural and civic uses such as
schools, usually defining the edge of the C rozet D evelopment Area or neighborhood edges. Limited
residential uses are intended in theses areas at a density no greater than 1 unit/20 acres. The CMP Green
Infrastructure Map also designates the Old Crozet School site as a park and recommends a proposed
greenway trail along Parrot Branch, w hich runs along the southern property line of the Old School site.
Place Type & Built Infrastructure Map
The C MP, Recommendation #14 for Dow ntownReuse H istoric Crozet Elementary School states the
follow ing: “The former school could eventually serve as an Albemarle C ounty satellite facility for county
services, public meetings and other community uses. If north downtown is included in an adjusted
definition of the D evelopment Area, it could be adaptively reused with some public and private residential
functions in relation to the surrounding residential neighborhood.”
Neighborhood Model
The N eighborhood Model describes the more "urban" form of development desired for the D evelopment
Areas. This special use permit request is for reuse of the school building and no site development changes
are proposed. As such, staff has not undertaken an analysis of its relationship to the 12 Principles of the
N eighborhood Model, but notes that the school does serve as a neighborhood center. Also, there is
sidew alk access to the site from Dow ntown C rozet. The C ounty has a sidew alk improvement project
underway to upgrade sidew alks to the site from St. George Avenue.
Staff Comment:
Staff will address each provision of Section 31.2.4.1 of the Zoning Ordinance as follows:
31.2.4.1: Special U se Permits provided for in this ordinance may be issued upon a finding
by the B oard of Supervisors that such use will not be of substantial detriment to adjacent
property,
Staff believes, due to the existing character of the site and past use as a school this use will not be
of detrimental impact to adjacent properties. There are no proposed changes to the building or
site and the two private school tenants would have similar use of the site to prior uses.
that the character of the district will not be changed thereby and,
This is a proposal for reuse of a historic elementary school building for two private school uses so
it is consistent with the historic character of the district. Schools are typical located in residential
areas.
that such use will be in harmony with the purpose and intent of this ordinance,
The purpose of the R 2 Zoning D istrict as stated in the zoning ordinance is to provide a transition density
between higher and low er density areas established through previous development and/or zoning in
community areas and the urban area. This use is supportive of residential
with uses permitted by right in the district,
Private schools are permitted special use permit in the R2 zoning district and this property has historically
been a school supporting byright residential uses in the surrounding area
with the additional regulations provided in section 5.0 of this ordinance,
There are no additional regulations in section 5.0 that address private schools.
and with the public health, safety and general welfare.
The public health, safety, and general w elfare of the community are protected through the special
use permit process w hich assures that the proposed uses are appropriate in the location
requested. The existing school is served by public water and sewer. There are no safety issues
identified with reuse of the building for the tw o private schools.
Vehicular access to school property is by Crozet Avenue (R te. 810). VDOT and the County
Engineer have found that the existing entrance and sight distance are adequate. There are no
concerns w ith additional traffic impacts, as the uses proposed w ould be less intense than previous
use of the site. The condition that students shall not drive to school was intended to mitigate traffic
concerns. Since the 1991 special use permit w as approved, entrance improvements to the site
and turn lane and other improvements have been made to R te. 810. The Field School is currently
required to make a bus available to students at their current location in Crozet Park so this is also
a recommended condition of approval for this site.
There is an existing paved parking lot with approximately 41 spaces, although not all spaces are clearly
delineated, and potentially more spaces could be provided if the parking lot layout is reconfigured and
restriped. The zoning ordinance requirement is 37 spaces so there appears to be adequate parking. To
verify parking, a parking sketch is required by Zoning. The County General Services department is working
to provide a parking plan and improvements. Parking can also be managed on the site by coordinating the
schedules of the users of the facility and flexibility provided to the private school tenants, w hich can be
managed with Zoning C learances.
SUMMAR Y:
Staff has identified the following factors favorable to this application:
1. The reuse of the building for private school uses and cultural arts instruction are consistent
with desired community uses identified during the Old C rozet School reuse study.
2. It will provide expanded educational opportunities to the community, located near
residential areas.
3. Approval of the special use permit would allow lease agreements to be completed and the
lease of the building would result in a gross increase in revenue of $42,710.10. The
County currently spends approximately $29,214.25 annually from the Department of
General Services operating budget for routine maintenance and utilities
Staff has identified one factor unfavorable to this application:
1. No unfavorable factors have been identified.
R EC OMMEN DED A CTION:
Based on the findings contained in this staff report, staff special use permit 2009004 with the
follow ing conditions:
1. Maximum number of students onsite attending private school use(s) shall not exceed 185
students.
2. Private schools that operate during normal school hours (8:00 a.m. to 3:30 p.m.) shall
provide shuttle or bus service for students each school day.
A TTA CHMENTS
A . Aerial Map
B . Zoning Map
C . Old Crozet School Arts Narrative
R eturn to exec summary
Albemarle County Planning Commission
May 5, 2009
The Albemarle County Planning Commission held a public hearing and meeting on Tuesday,
May 5, 2009, at 6:00 p.m., at the County Office Building, Lane Auditorium, Second Floor, 401
McIntire Road, Charlottesville, Virginia.
Members attending were Calvin Morris, Marcia Joseph, Don Franco, Linda Porterfield, and
Thomas Loach, ViceChair. Eric Strucko, Chairman, Bill Edgerton and Julia Monteith, AICP,
nonvoting representative for the University of Virginia were absent.
Other officials present were Scott Clark, Senior Planner; Wayne Cilimberg, Director of Planning;
Mark Graham, Director of Community Development; Bill Fritz, Chief of Current Development,
Rob Heide, Zoning Enforcement Manager; Lisa Green, Code Enforcement Officer, Ron
Higgins, Chief of Zoning; Amy Pflaum, Senior Engineer, Glenn Brooks, County Engineer;
Rebecca Ragsdale, Senior Planner; Summer Frederick, Senior Planner; Joan McDowell,
Principal Planner and Andy Herrick, Senior Assistant County Attorney.
Call to Order and Establish Quorum:
Mr. Loach called the regular meeting to order at 6:00 p.m. and established a quorum.
SP200900004 Old Crozet School Arts
PROPOSED: Request to amend SP 9110 to allow for the existing Old Crozet School building
and grounds to be used for both a private school for arts instruction and also the Field School, a
private middle school for boys.
ZONING CATEGORY/GENERAL USAGE: R1 Residential 1 unit/acre
SECTION: 18.10.2.2.5 Private Schools
COMPREHENSIVE PLAN LAND USE/DENSITY: Designated CT 1 Development Area
Preserve for Parks and Greenways in the Crozet Master Plan and limited residential at
densities of 1 dwelling unit per 20 acres.
ENTRANCE CORRIDOR: No
LOCATION: 1408 Crozet Avenue
TAX MAP/PARCEL: 56, Parcels 61 and 62
MAGISTERIAL DISTRICT: White Hall
(Rebecca Ragsdale)
Ms. Ragsdale presented a PowerPoint Presentation and summarized the staff report. (See
PowerPoint Presentation and Staff Report)
Proposal: This is a request to amend the special use permit for a private school on the Old
Crozet School property. (SP 9110) The two existing conditions that run with the property
include the maximum enrollment up to 271 students for a private school and no students shall
drive to school. That condition is problematic for the arts school proposed which would have
students, or parents of students, driving to the site for classes. The request is to remove that
condition that prohibits student driving. The County will lease the Old School building to two
tenants: Old Crozet School Arts (OCSA) and the Field School.
OCSA is a nonprofit organization that would offer classes to the community in dance, visual
arts, music, theater, and other art forms to all ages. Additional information from OCSA is in the
staff report. The Field School of Charlottesville is a private middle school for boys that is
currently located in the community building at Crozet Park and has a need for more space. The
Field School will have an estimated maximum enrollment of 100 students and OCSA will have
an estimated maximum of 84 students attending classes at one time or concurrent with Field
School classes; however there may be more students total enrolled in OCSA. The
recommended condition of approval addresses the maximum number of students and not total
enrollment.
The property is zoned R2 Residential and private schools require a special use permit. Public
schools are allowed byright. The property is within walking distance of Crozet Downtown. The
Crozet Master Plan has the property designated as CT1 and 2, which was the designation
given to public property such as parks and schools in the Master Plan. The Master Plan
encourages public reuse of the property.
There was a county study done by staff in the spring and summer of 2008 for reuse of the
building, which a consultant assisted with. It was a public school until 1991 and then a special
use permit was approved for a private school. The Waldorf School occupied the building. After
the building became vacant there was interest in finding out what the community desires were
for reuse of the building. That study was completed and presented to the Board last fall in
September, 2008 with the preferred community concept being a community center that would
be fairly multipurpose. There was an emphasis during the process and interest from the
community in having art instruction. That is something that was noted in that study, which the
Old Crozet School Arts would be providing in terms of those programs.
When the proposal went to the Board the community center option would involve rehab of the
building for these multiuse purposes. Being that there was no budget and it was not in the CIP
the interim recommendation and the plan for the building is that the county would lease it for a
tenant. The General Services Department of the county is the lead in terms of maintenance
and working to get these tenants. The two tenants are Old Crozet School Arts and the Field
School, which staff reviewed in terms of potential impacts. There are two private schools going
in. One would have hours that are staggered throughout the day versus the conventional day
time school hours. There were not issues raised with the reviewers in terms of traffic impacts.
The condition that students were not allowed to drive to school with the 1991 special use permit
was intended to address traffic impacts as noted in the staff report. There have been
improvements to the roadway since that time.
Staff recommends approval of the Special Use Permit subject to the conditions noted in the
staff report with the finding that it is consistent with the Master Plan and meets some of the
goals of the Reuse Study and would get tenants in the building that would provide some
revenue and help with the maintenance of the building. The recommended conditions of
approval state that the maximum number of students shall not exceed 185 students. It
addresses the maximum number of students and not total enrollment. Condition 2 is no longer
recommended. It was intended for Field School that they provide a shuttle bus or bus service
and was a carry over from the Crozet Park location, which has a different road situation and
access to the site. In this review there were no traffic issues raised by the reviewers.
Therefore, staff is no longer recommending that as a condition.
Mr. Loach invited questions for staff from the Commission.
Mr. Morris noted that in the staff report it lists the maximum number of students as 271, which
was dropped by 86 students to 185. He asked if that was strictly the 185 for the private school
or total students in that building at any one time.
Ms. Ragsdale replied that the 185 would be the total number of students in the building at any
one time. It breaks down for 100 students for Field School and 85 students for Old Crozet
School Arts. Staff is trying to provide conditions that are flexible enough since the tenants are
on a one year lease with the county so that General Services would have flexibility to find
similar tenants. It is 185 students for both schools for any one time.
Ms. Porterfield asked if there is any reason why if the school was able to handle 271 prior that
they necessarily need to bring the number down.
Ms. Ragsdale replied that the 271 was at its maximum usage when it was a public school.
When the special use permit for Waldorf private school was approved it was approved at 271
maximum enrollments. The 185 was presented in the application and what would result in
leasing the main floor of the building and what existing parking can handle. Therefore it was
185 on site rather than the enrollment.
Ms. Joseph noted that Field School received the special use permit for Crozet Park. That
special use permit stays with the land and will be there forever. Other people could come in and
do a school at the park and just comply with the conditions of that special use permit.
Ms. Ragsdale noted that there was an expiration date of that special use permit.
Mr. Cilimberg pointed out that the special use permit was reapproved with a time frame.
Ms. Porterfield asked if there would be a time frame on this, and Mr. Cilimberg replied no that
the special use permit would remain effective.
Ms. Joseph pointed out that it was a very unique situation to have a private school conducted in
a public park.
Ms. Porterfield said she did not want these people to have to come back every year.
Mr. Cilimberg noted that if the schools decided not to renew their lease that other schools could
come in and fall under this permit as long as they stay within the 185 total at any one time on
site.
Mr. Loach opened the public hearing and invited the applicant to address the Commission.
George Shadman, Director of General Services for Albemarle County, said that the packages
were put together very well and Ms. Ragsdale did a very good job of presenting it. Mr. Michael
Freitas, Chief of Public Works, was also present to answer questions.
Sharon Tolchek, Artistic Director of Old Crozet School Arts, introduced Molly Washburn, School
Administrator. She reiterated that the idea for Old Crozet Schools Arts grew out of last June’s
reuse workshop in response to the community’s interest in having arts instruction in Crozet.
They hope that the Commission will support their endeavor to bring arts to Crozet in an
extensive way and are very excited about occupying the old school to do this.
Mr. Loach invited public comment.
Barbara Westbrook, resident of Crozet, said she was born in Crozet over 60 years ago. She
went to Crozet School for 7 years and always had a love for that building. She made the
following comments:
She was not opposed to having these two private organizations lease the building. Her
main concern was that most everyone in Crozet wants to have a community center and
the reason they cannot is that the county does not have the money right now. She knew
that the county needed to lease the building to make enough money to be able to redo
the school.
She was on the Old Crozet School Reuse Committee in 2008. The committee picked a
consultant that did a very good job in getting the feedback from the people. The result of
the committee is in the table that she passed out before and the one Ms. Ragsdale
referred to that showed that the majority of the people wanted a cultural arts/community
center. Almost everything that is listed under that could be included in a community
center. (Attachment – The Old Crozet School Reuse Study – Table 1 Results from the
Ideas Workshop – June 19th, 2008)
Once it is a community center the county could still make money by renting it out. An
example is the Green Olive Tree, which is a thrift store in Crozet that would love to rent
some space. There would still be room for classes for dance, arts and exercises, etc.
Some other ideas expressed by the public were satellite police station, community
market, ball fields and possibly a local theater. One of the major concerns in Crozet
currently is that there is no recycling center. They have been going around and around
on the recycling issue. She thought this would be a great location for it.
She felt that there are three problems with the school, but not against this proposal. Her
understanding is that the school has asbestos, lead paint and no handicap access to the
12 entrances, which she understands that the county does not have to do anything about
because they were leasing the building. She felt that morally the county should do some
correction of these problems.
She noted that the Rockfish County Community Center was done entirely by the
volunteers because the county did not have enough money to turn their old school into a
community center. She disagreed with the budget that the consultant gave. For
example, the historic preservation consultant would be between $8,000 and $10,000.
There were several items that she felt were over the reasonable amount. She
suggested that the proposal have something included that it was on a year to year basis
so that it was not forever.
There being no further public comment, Mr. Loach closed the public hearing to bring the matter
back before the Planning Commission.
Mr. Loach asked staff to address Ms. Westbrook’s questions about the asbestos, lead paint and
handicap access.
Mr. Shaffner replied that General Services has a complete inventory of the lead paint and
asbestos that is in there. They are all contained and there are no dangers to the tenants that
are going to be in there. Our environmental compliance manager monitors it regularly and they
have had testing done by third parties to verify this. As far as the ADA compliance the county is
renting this as is.
Mr. Herrick noted that some of the issues that have been raised could be addressed in the
county’s lease to these tenants rather than a land use decision for the Commission.
Mr. Loach asked with the issue of lead if there should be a limitation on the minimum age so
that they don’t have children with the potential exposure to lead. He asked if age should be a
factor in the lease as far as what minimum age child would be enrolled in the building.
Mr. Shadman noted that this has consistently been an elementary school and the previous
tenant, Waldorf School, was K through 5. It will be continuing on that same pattern that they
have. They have an excellent environmental compliance manager that stays right on top of
this.
Mr. Loach noted that one other issue raised by Ms. Westbrook was about other entities using
the building. He asked if the two schools will use the entire building or is there room for
additional entities to use the school and enter in as part of this lease.
Mr. Shadman replied that county advertised widely for tenants and only received five
responses. Two of responses were suggestions of what the county could do with the building
and another one was for a light industrial purpose. There were only two legitimate ones that
would fit in with their zoning at that time. The two schools will be occupying about three
quarters of the available space.
Motion: Ms. Porterfield moved and Mr. Morris seconded for approval of SP200900004, Old
Crozet School Arts with condition #1 recommended by staff.
1. Maximum number of students onsite attending private school use(s) shall not exceed
185 students.
The vote carried by a vote of 5:0.
Mr. Loach noted that SP200900004 Old Crozet School Arts would go to the Board of
Supervisors on June 10, 2009 with a recommendation for approval.
Ms. Joseph asked to address Ms. Westbrook’s comments a little bit. She understood what the
committee went through and what the community would like to see there. But the flip side is
that it is horrible to have a vacant building site and deteriorate. With this proposal at least they
can get the building occupied with some good uses and still have a quarter of the building left.
She suggested that three quarters of the building could possibly become a nucleus for some
sort of community center. She felt that this is an old building and would like to see it used.
Return to exec summary
COUNTY OF ALBEMARLE
EXECUTIVE SUMMARY
AGENDA TITLE:
Work ses sion on Adoption of Grass Ordinance
SUBJECT/PR OPOSAL/REQUEST:
Discus sion of Issues Relevant to Adoption of
Grass Ordinance
STAFF CON TA CT(S):
Messrs. Tucker, Foley, Davis, Graham, Heide
and; Ms . McC ulley
LEGAL R EVIEW: Yes
AGENDA DA TE:
June 3, 2009
ACTION: X INFORMATION:
CON SENT A GEND A:
A CTION: INFORMATION:
ATTACH MEN TS: Yes
REVIEW ED BY:
BACK GROUND :
The Board discussed grass/weed and building maintenance ordinances at its meeting on September 5, 2007. After
discussion about the budgetary impacts of maintenance code enforc ement, the Board directed staff to proceed only
with a proposed grass and weed ordinance. (See the history in Attachments A Prior Ex ecutive Summary and B
Board Minutes.) Due to c ompeting priorities with diminished resources in the Community Development D epartment,
further work on this ordinance has been deferred until this time. Virginia Code § 15.2901 enables c ounties to
regulate the cutting of grass, w eeds, and other foreign growth located on vacant dev eloped or undev eloped property ,
including property on which buildings or other improv ements are located, that is zoned for residential, business,
commercial or industrial us e or is within the boundary of a platted subdiv ision.
STRA TEGIC PLAN:
Goal 1: Enhance Quality of Life for All Citizens. This goal includes an objective to “increase the economic vitality
of the County’s development areas.”
DISCU SSION :
In the current economic climate, the County is giving careful consideration before adopting new programs. With
reduced monetary and staff resources, staff is also prioritizing delivery of core servic es such as public health, safety
and other mandated func tions.
In deciding whether to adopt a grass/weed ordinance, the Board may wis h to consider the following benefits and
challenges:
1. BENEFITS
a. Staff and Board members have received an increasing number of citizen c omplaints about tall grass.
b. A more orderly and kempt appearance creates a positive perception of the County’s dev elopment areas
and of the C ounty in general.
c . A grass ordinance would help enhance and protect property values.
2. CHA LLENGES
a. Because it is somewhat peripherally related to public health and safety, a grass ordinance may not be
considered a core function. Complaints about tall grass would not typic ally be considered a high priority
on the Zoning D ivision’s priorities list (see Attachment E) unless a public health or safety issue were
also present.
b. As of June 30, the Zoning Division will hav e three frozen positions, including 1.5 Code Enforcement
Officers. Taking on a new program would require a reduc tion of some existing services such as
somewhat inc reased respons e times to complaints and increased times to attain abatement of
violations. Staff would also need to implement a prioritization schedule for complaint res ponse
(Attachment E).
c . Staff receives very few tall grass complaints. In the pas t 2.5 years, only 2% of the complaints (11 of
581 complaints) related to tall grass. Of thos e eleven, only five (or 1% of all complaints) could have
been address ed by a grass ordinance. Six of the eleven complaints related to occupied property, whic h
the County is not enabled to regulate.
d. The Natural Heritage Committee and the Water Resources staff have prov ided cautionary comments
regarding the adoption of a proposed grass ordinance (Attachments C and D). They believe that a grass
ordinance could be detrimental to biodiversity , erosion control and water quality protection. Allowing
“natural lands caping,” while recommended to address some concerns, could prove difficult to
administer.
e. The County is limited to regulating tall gras s on vacant property. Given the County’s practical
manpower limitations and all the various s hortterm and seasonal habitation of property, determining
w hich property is “vacant” c ould prove problematic.
A grass ordinance would not address concerns about tall grass in VD OT rightsofw ay such as medians.
ISSUES TO ADDRESS IN A GRASS OR DIN ANCE
The County Attorney’s Office has drafted a proposed ordinance similar to ordinances adopted in other Virginia
localities. If the Board dec ides to mov e forw ard with the adoption of a grass ordinance, staff reques ts direction on
the following issues prior to a public hearing:
1. Should the grass ordinance apply to platted subdivisions in the Rural Areas?
Staff recommends that the initial ordinance not apply to the R ural Areas zoning district. Excluding
the Rural Areas from applicability would focus this program on the Development Areas . If the
Board c hooses to apply the grass ordinance to Rural Areas subdivis ions, it could be limited to lots
of a c ertain size, suc h as five acres or less.
2. Should the grass ordinance apply to undeveloped property?
Staff recommends that any ordinanc e applying to undev eloped property be limited to a perimeter
adjacent to roads and property of others. This limitation would:
a) better focus enforcement in impacted areas; and
b) better protect biodiversity until the property develops.
Staff w ould w ork to develop a definition of “undeveloped” property in order to apply it to
these properties appropriately.
3. Should exemptions for “natural landsc aping” be created?
Because of the potential conflicts betw een a grass ordinance and res ource values such as natural
habitat, s taff recommends that an ex emption be allow ed for natural landscaping. Staff would work
with those people and localities with relevant expertise in drafting s uch an ordinanc e provision.
4. What should be maximum grass height?
Of the nine localities surveyed, the maximum grass height ranged from unspecified (two localities)
to 18 inches. Two localities each had a maximum gras s height of 12, 15 and 18 inches. Staff
recommends a maximum height of 12 inches.
Following the Board’s direction on these issues, the County Attorney ’s Office could promptly finalize a proposed
ordinanc e w ithout signific ant additional work.
BUDGET IMPACT:
Assuming a workload similar to that of Stafford or Spotsylvania Counties , staff estimates this program would
require a halftime pos ition during the sev en month grow ing season, as well as $5,000 to $10,000 annually for the
County to mow tall grass. The cost of mowing and a minimal administrative fee would be charged to the owner to
reimburse the County’s costs. Most loc alities survey ed have chosen not to impose civ il penalties.
RECOMMENDA TION S:
Staff recommends a deferral of further consideration of this ordinance until frozen positions in the Zoning D ivision
are res tored. If the Board chooses to move forward with this ordinance at this time, a tall grass complaint, unless
coupled with a public health or safety c oncern on the property, would fall in the priority 4 category (see Attachment
E). For those complaints , staff would s end an advis ory letter and followup w hen poss ible. Obvious ly, staff
respons e to priority category 3 and 4 complaints would v ary based on w orkload from both inspection requests and
higher priority complaints. Until currently frozen positions are unfroz en and filled, staff would not lik ely have the
opportunity for proactive enforcement of z oning issues, including signs, in the Development Areas. Staff w ould
initially implement this program on a responsive rather than a proactive basis.
ATTAC HMENTS
Attachment A: Prior Report to Board
Attachment B: Summarized Minutes from Prior Board D iscussion
Attachment C: Natural H eritage Committee Comments
Attachment D: W ater Res ource Staff Comments
Attachment E: Zoning Enforcement Prioritization
Ret urn t o regular agenda
COUNTY OF ALBEMARLE
EXECUTIVE SUMMARY
AGENDA TITLE:
Grass/Weed and Building Maintenanc e
Ordinances
SUBJECT/PR OPOSAL/REQUEST:
Discus sion of possible ordinances related to
grass and w eeds and to building maintenance
STAFF CON TA CT(S):
Tucker, Foley, D avis Graham, McCulley,
Schlothauer, Fritz
LEGAL R EVIEW: Yes
A GENDA DATE:
September 5, 2007
A CTION: INFORMATION:
C ONSENT AGENDA:
AC TION : INFORMATION: X
A TTACHMENTS: Yes
R EVIEWED B Y:
BACK GROUND :
The Board has asked s taff to investigate the possibility of adopting a grass and weed ordinance as well as a building
maintenanc e ordinance. Eac h year, the C ounty receives complaints about high uncut grass and uns afe / unsightly
building c onditions. W hile w e have no records to determine the number of complaints received each year, w e have
found that in recent years the number of complaints appears to have inc reased.
STRA TEGIC PLAN:
Goal 1: Enhance Quality of Life for All Citizens, which includes an objec tive to “increas e the economic vitality of the
County's development areas”.
DISCU SSION :
Grass and Weed Ordinance:
Virginia Code § 15.2901 enables the County to adopt an ordinance regulating the cutting of grass and w eeds (s ee
Attachment A). How ever, the authority is limited and applies only to vacant dev eloped or undeveloped parcels.
Occupied parcels that are poorly maintained could not be regulated by a grass and w eed ordinance w ithout additional
enabling authority. Currently, Virginia Code § 15.21215 enables a limited number of localities to require that grass
be cut on occupied res idential properties. A grass and weed ordinance adopted pursuant to Virginia Code § 15.2901
could apply to all zoning districts or to specific areas . Some jurisdictions do not apply the ordinance to lots of over 2
acres regardless of use or zoning des ignation. Other jurisdictions require cutting of grass and weeds on a lot that is
over 2 acres only on that portion of the lot that is within 150 feet of the edge of pavement of a state maintained road
or within 200 feet of a building. Violations can be enforced by imposing a civ il fine of $50.00 to $200.00 and/or, after
reasonable notice, by the County cutting the grass and weeds and charging the costs to the property owner. Staff
has researched Grass and Weed ordinances in Virginia and found 32 localities that have adopted a grass and weed
ordinanc e. (Staff has copies of many of these ordinances and they are available for review.) Staff survey ed
selected localities to determine the method of enforcement and the number of violations each year. The follow ing
table summarizes the findings and demonstrates the proactive localities process more violations.
Jurisdiction Proactive
Enforcement
Responsive
Enforcement # of violations/year Regulated Height
H enrico*X 2,445 12 inc hes
C hesterfield*X 825 18 inc hes
Stafford X 93 6 inc hes
R oanok e*X 300 12 inc hes
James City* X 35 Unspecified
Spotsylv ania X 93 15 inc hes
Frederick * X 12 18 inc hes
H enry* X 57 Must be cut Monthly
Prince George X 45 15 inc hes
*Have authority to regulate occupied res idential properties
Building Maintenance Ordinance:
The County currently has three tools to address building maintenanc e:
The Virginia Statewide Fire Prevention Code has been adopted by the County, and is administered by the Fire
Marshal, in order to ass ure fire safety in public and commercial buildings, inc luding their sites. (County Code § 6
200)
The County Code includes a provision empow ering the building official to order remedial actions, including
demolition, for unsafe struc tures. This is us ed for dilapidated abandoned structures, on a complaint basis. (County
Code § 5300)
Part I of the Virginia Uniform Statew ide Building Code, entitled the Virginia Construction Code, which is mandated
for enforcement throughout the State, includes a provision for addressing unsafe or unhealthy conditions in
residential rental property . Suc h issues come to the County on a complaint bas is, and the complaints must be
lodged by the renter of the rental property in question. (Virginia Code § 3699)
Beyond this authority, Virginia Code § 36105 allow s the County to adopt an ordinance regulating building
maintenanc e under Part III of the Uniform Statewide Building Code, entitled the Virginia Maintenanc e C ode. The
Virginia Maintenance Code includes Chapters 2 through 8 of the 2003 International Property Maintenance Code
(IPMC), which provides the technical guidance for determining whether or not buildings are being properly
maintained. The IPMC, as amended for use in Virginia, does not address the c leanliness/sanitation of exterior
property, weeds/grass, inoperative motor vehicles, defac ement of property/graffiti, or rodent/insec t infestations
unless they are causing s tructural damage to the building. The IPMC does addres s fire safety inside the building,
electrical, plumbing and mechanical systems maintenanc e and performance, light and ventilation inside the building,
interior structural soundness, including stairs, handrails and guardrails , and exterior structural soundnes s, including
weather tightness and res istance to w eathering.
Staff surveyed s everal surrounding loc alities to determine if they hav e adopted the Virginia Maintenance Code. The
jurisdictions polled are members of the James Madison Building and Code Officials Association, which is a regional
gathering of code enforcement offices.
Jurisdiction Virginia Maintenance
Code Jurisdiction Virginia Maintenance
C ode
Buckingham County No Prince Edw ard County N o
Fauquier County No Cumberland County N o
Madison C ounty No Town of Farmv ille Yes
Greene County No City of Charlottesville Yes
Orange County No City of Fredericksburg Yes
Fluvanna County No Town of C ulpeper Yes
Louisa County No
Based on this sampling of jurisdictions, it is apparent that the Virginia Maintenanc e Code is a tool more popularly
utilized by urban locales.
BUDGET IMPACT:
Grass and Weed Ordinance: Assuming a similar level of effort as used in Stafford or Spotsylv ania C ounty, staff
estimates this program would require onehalf FTE during the seven month growing season and w ould require
between $5,000 and $10,000 in funding to do mowing w here the property owner refuses. For subsequent years, the
cost of that mowing may be rec overed through the collection of cos ts and/or fines. Additionally, legal assistance
from the C ounty Attorney ’s office would be necessary to collect cos ts that are enforced by liens and to prosecute
the civil complaints.
Building Maintenance Ordinance: Based on dis cussions w ith C ity of C harlottes ville staff, it is anticipated that a
similar program for Albemarle County w ould require four FTEs for inspections and enforcement, in addition to
administrative s upport and a manager, or code offic ial, to administer a building maintenance enforc ement program.
Additionally , building maintenance enforcement is more contentious than building code enforcement and significant
legal ass istance from the County Attorney ’s office is anticipated for pros ecuting violations.
RECOMMENDA TION S:
This summary is provided for information. In the event the Board is interested in further dis cussion about
implementing either of these ordinances, it can be sc heduled for a later date.
ATTAC HMENTS:
A – Virginia Code § 15.2901
V irginia C ode § 15.2901. Loc ality may pr ovide for re moval or disposal of trash, cutting of grass and
w e eds; penalty in c er tain counties.
A . Any loca lity may, by ordina nc e , provide tha t:
1. The owne rs of prope rty therein shall, a t such time or times a s the governing body ma y pre sc ribe , re move
the re from any a nd a ll tra sh, garba ge , refuse , litte r a nd othe r substa nce s w hic h might endanger the he a lth or sa fety
of othe r re side nts of such loc ality; or ma y, w hene ve r the gove rning body de e ms it ne ce ssa ry, a fte r re a sona ble
notic e, ha ve such trash, garba ge, refuse , litte r and othe r like substanc es which might e nda nge r the hea lth of othe r
re sidents of the loc ality, re moved by its own age nts or e mployee s, in which eve nt the c ost or e xpe nse s the re of
sha ll be cha rgea ble to a nd paid by the owne rs of suc h prope rty a nd ma y be c ollec te d by the loc ality as taxe s a re
colle cte d;
2. Trash, ga rbage , re fuse, litte r a nd othe r debris sha ll be dispose d of in pe rsonally owne d or priva te ly ow ned
re ce pta cle s that are provide d for such use and for the use of the pe rsons disposing of such ma tter or in a uthoriz ed
fa cilitie s provide d for such purpose and in no othe r ma nne r not a uthoriz e d by law;
3. The owne rs of va c a nt de velope d or undeve loped property the rein, inc luding suc h prope rty upon whic h buildings
or othe r improve me nts a re loc ate d, sha ll cut the grass, w e eds and othe r fore ign grow th on such property or a ny
pa rt thereof a t such time or times a s the governing body shall pre scribe ; or ma y, w he neve r the gove rning body
de e ms it ne ce ssa ry, afte r re a sona ble notice as determine d by the loc ality, ha ve suc h gra ss, we eds or othe r fore ign
growth c ut by its a ge nts or e mployee s, in whic h e ve nt the c ost a nd e xpe nses the re of sha ll be charge a ble to a nd
pa id by the owne r of such prope rty and may be colle cte d by the loca lity a s ta xes are c ollec ted. In the City of
Willia msburg a nd in a loc a lity within Pla nning D istric t 8, a n ordinanc e a dopte d pursua nt to this subdivision ma y
also a pply to ow ners of oc c upied property the re in. No suc h ordina nc e a dopted by a ny c ounty sha ll ha ve a ny force
and e ffe c t within the corpora te limits of any tow n. N o suc h ordinanc e a dopte d by a ny county having a density of
population of le ss tha n 500 per square mile sha ll ha ve a ny forc e or e ffec t e xce pt w ithin the boundarie s of platte d
subdivisions or any othe r area s zone d for residentia l, busine ss, c omme rc ia l or industria l use.
B. Eve ry c harge authorize d by this sec tion with which the owne r of a ny suc h prope rty sha ll ha ve be e n a ssesse d
and which re ma ins unpa id shall c onstitute a lie n a ga inst suc h prope rty ranking on a pa rity w ith liens for unpaid
loc al ta xe s and e nforce a ble in the same ma nne r a s provided in A rtic les 3 (§ 58.13940 e t se q.) and 4 (§ 58.13965
et seq.) of Cha pte r 39 of Title 58.1. A loca lity may waive such liens in orde r to fa cilita te the sa le of the prope rty.
Such liens ma y be wa ive d only a s to a purc hase r w ho is unre la ted by blood or ma rria ge to the ow ner a nd who has
no busine ss a ssocia tion w ith the owner. All suc h lie ns shall remain a pe rsona l obliga tion of the owne r of the
property at the time the lie ns we re imposed.
C. The gove rning body of a ny loc a lity ma y by ordinanc e provide tha t violations of this sec tion shall be subje c t to a
civil pe na lty, not to exc ee d $50 for the first violation, or viola tions a rising from the sa me se t of ope ra tive fa c ts.
The civil pe na lty for subsequent violations not a rising from the sa me se t of ope ra tive fa c ts within 12 months of
the first viola tion shall not e xc e ed $200. Ea c h busine ss da y during whic h the same viola tion is found to have
existe d shall c onstitute a se pa ra te offe nse . In no e ve nt sha ll a se ries of spe c ifie d violations arising from the same
set of ope ra tive fac ts re sult in civil pe na ltie s that exce e d a tota l of $3,000 in a 12month pe riod.
D . Exce pt a s provided in this subsec tion, adoption of a n ordina nc e pursua nt to subse ction C shall be in lie u of
criminal pe naltie s and shall pre c lude prose c ution of such viola tion a s a misde me anor. The gove rning body of a ny
loc ality may, how e ve r, by ordina nce provide that suc h violations sha ll be a Cla ss 3 misde me a nor in the e vent
thre e c ivil pena lties ha ve pre viously bee n imposed on the sa me defendant for the same or similar viola tion, not
arising from the same set of operative fac ts, within a 24month pe riod. Classifying suc h subse que nt viola tions a s
criminal offe nse s sha ll prec lude the imposition of c ivil pe na ltie s for the same viola tion.
(Code 1950, § 1514; 1962, c c . 400, 623, § 15.111; 1964, c . 31; 1968, c . 423; 1974, c . 655; 1978, c . 533; 1983, c c .
192, 390; 1990, c . 177; 1992, c . 649; 1994, c . 167; 1997, c . 587; 1999, c . 174; 2000, c . 740; 2001, c . 750; 2003, c .
829; 2006, c. 275.)
Go to next attachment
Ret urn t o ex ec summary
Item N o. 7.15. Grass/Weed and Building Maintenanc e Ordinances.
The Executive Summary states that the Board has as ked staff to inves tigate the poss ibility of adopting a grass and
weed ordinance as well as a building maintenance ordinance. Each year, the County rec eives complaints about high
uncut gras s and unsafe / unsightly building conditions. While we have no records to determine the number of
complaints received eac h year, we hav e found that in recent years the number of complaints appears to have
increased.
Grass a nd Weed Ordinance:
Virginia Code § 15.2901 enables the County to adopt an ordinance regulating the c utting of grass and w eeds (see
Attachment A). However, the authority is limited and applies only to va cant developed or undeveloped parcels.
Occupied parcels that are poorly maintained could not be regulated by a grass and w eed ordinance w ithout additional
enabling authority. Currently, Virginia Code § 15.21215 enables a limited number of loc alities to require that grass
be cut on occupied res idential properties.
A grass and weed ordinance adopted pursuant to Virginia Code § 15.2901 could apply to all zoning districts or to
specific areas. Some jurisdictions do not apply the ordinance to lots of over 2 acres regardless of use or zoning
designation. Other jurisdictions require c utting of grass and w eeds on a lot that is ov er 2 acres only on that portion of
the lot that is within 150 feet of the edge of pavement of a state maintained road or w ithin 200 feet of a building.
Violations can be enforced by imposing a civil fine of $50.00 to $200.00 and/or, after reasonable notice, by the
County cutting the grass and weeds and charging the costs to the property owner. Staff has researched Grass and
Weed ordinances in Virginia and found 32 localities that have adopted a grass and weed ordinance. (Staff has
copies of many of these ordinances and they are available for review .) Staff survey ed selected localities to
determine the method of enforcement and the number of violations each year. The following table s ummarizes the
findings and demonstrates the proactive localities proc ess more violations.
Jurisdiction Proactive
Enforcement
Responsive
Enforcement # of violations/year Regulated Height
H enrico*X 2,445 12 inc hes
C hesterfield*X 825 18 inc hes
Stafford X 93 6 inc hes
R oanok e*X 300 12 inc hes
James City* X 35 Unspecified
Spotsylv ania X 93 15 inc hes
Frederick * X 12 18 inc hes
H enry* X 57 Must be cut Monthly
Prince George X 45 15 inc hes
*Have authority to regulate occupied res idential properties
Building Maintenance Ordinance:
The County currently has three tools to address building maintenanc e:
The Virginia Statewide Fire Prevention Code has been adopted by the County , and is adminis tered by the Fire
Marshal, in order to assure fire safety in public and commercial buildings , including their sites. (County Code § 6
200)
The C ounty Code includes a provision empowering the building official to order remedial actions, including
demolition, for unsafe structures. This is used for dilapidated
abandoned structures, on a complaint basis. (C ounty Code § 5300)
Part I of the Virginia Uniform Statew ide Building Code, entitled the Virginia Construction Code, which is mandated
for enforc ement throughout the State, includes a provis ion for address ing unsafe or unhealthy conditions in
residential rental property. Such issues come to the C ounty on a complaint basis, and the complaints must be
lodged by the renter of the rental property in question. (Virginia Code § 3699). Beyond this authority, Virginia Code §
36105 allow s the County to adopt an ordinance regulating building maintenance under Part III of the Uniform
Statewide Building Code, entitled the Virginia Maintenance Code. The Virginia Maintenance Code inc ludes C hapters
2 through 8 of the 2003 International Property Maintenance Code (IPMC ), which provides the technical guidance for
determining whether or not buildings are being properly maintained. The IPMC, as amended for use in Virginia, does
not addres s the cleanliness/sanitation of exterior property, weeds/grass , inoperative motor vehicles , defacement of
property/graffiti, or rodent/insect infestations unless they are causing structural damage to the building. The IPMC
does address fire safety inside the building, electrical, plumbing and mechanical sys tems maintenance and
performance, light and ventilation inside the building, interior structural soundness, inc luding stairs, handrails and
guardrails, and exterior structural soundness, including weather tightness and resistance to weathering. Staff
surveyed s everal surrounding localities to determine if they have adopted the Virginia Maintenance Code. The
jurisdictions polled are members of the James Madison Building and Code Officials Ass ociation, whic h is a regional
gathering of code enforcement offices.
Jurisdiction Virginia Maintenance
C ode Jurisdiction Virginia Maintenance
Code
Buckingham County No Prince Edward County No
Fauquier C ounty No Cumberland County No
Madison County No Town of Farmville Yes
Greene County No City of Charlottesv ille Yes
Orange County No City of Fredericks burg Yes
Fluvanna C ounty No Town of Culpeper Yes
Louisa C ounty No
Based on this sampling of jurisdictions , it is apparent that the Virginia Maintenance C ode is a tool more popularly
utilized by urban locales.
Grass a nd Weed Ordinance: Assuming a s imilar level of effort as used in Stafford or
Spotsylvania County, staff estimates this program would require onehalf FTE during the seven month growing
season and would require betw een $5,000 and $10,000 in funding to do mow ing where the property owner refuses.
For subsequent years , the cost of that mow ing may be recovered through the collection of costs and/or fines.
Additionally , legal assistance from the County Attorney’s office would be necessary to c ollect costs that are
enforced by liens and to prosecute the c ivil complaints .
Building Maintenance Ordinance: Based on discussions with City of Charlottesville staff, it is anticipated that a
similar program for Albemarle County w ould require four FTEs for ins pec tions and enforcement, in addition to
administrative support and a manager, or code official, to administer a building maintenance enforc ement program.
Additionally , building maintenance enforcement is more c ontentious than building code enforcement and significant
legal ass istance from the County Attorney ’s office is anticipated for pros ecuting violations.
This summary is prov ided for information. In the event the Board is interested in further discussion about
implementing either of these ordinances, it can be sc heduled for a later date. (Mr. Rooker said he would like to see
the grass and weed ordinance component come back to the Board as a scheduled item. H e w ould lik e something to
allow better control of overgrown lots in the development areas, as it improves the aesthetics of the community. Mr.
Rooker noted that unbuilt lots can be regulated, and they are often unkempt and bothersome to neighbors. H e is
supportive of the maintenance code enforcement part bec ause of the budgetary actions necessary.
Mr. Slutzky and Mr. W yant agreed.
Ms. Thomas said that s he thinks there can be a policy that does not get the County into proactive enforcement,
noting that Stafford and Spotsylvania counties are struggling w ith regulating occupied residential properties.)
By the reco rded vote set out above, the Boa rd directed staff to bring ba ck grass and weed ordinance.
Go to next attachment
Ret urn t o ex ec summary
To: Community Development Department, and Board of Supervisors, Albemarle Co.
Subject: Comments by the Natural Heritage Committee on the proposed Weed Ordinance – April 14,
2009
We appreciate the opportunity to review the proposed weed ordinance. The consensus
of our Committee is that weed ordinances generally are at odds with the concept of
biodiversity protection. Most of these are an outgrowth of a subset of urbanites
wanting to engineer and sculpt lawns and gardens in 19th Century Victorian fashion.
It has been demonstrated many times that excessive mowing and management
(herbicides, fertilizers) reduces a landscape to a simple monoculture with little
value for biodiversity, reduced filtering capacity, and lower flood control
capacity. These management methods are costly, aesthetically noxious (constant lawn
mower noise), produce excessive CO2 and aerosols, and use copious amounts of
petroleum. Our preference would be to avoid introducing any weed ordinance in the
County.
If this option is not feasible, we suggest some guidance developed for other
localities. Given the efforts being made to encourage natural landscaping by the
Environmental Protection Agency, The National Wildlife Federation, The Nature
Conservancy and in many localities in Virginia (including the City of
Charlottesville) the Natural Heritage Committee has some recommendations concerning
the language of the proposed weed ordinance.
First of all, to prevent an equal protection challenge to the ordinance, we feel any
ordinance should be limited to developed areas within the designated Growth Areas of
the County. To review some of the legal issues involved with weed ordinances please
refer to the article in the John Marshal Law Review here:
http://epa.gov/greenacres/weedlaws/index.html
It should also be written so as encourage natural landscaping and the use of native
plants. To see what the City of Charlottesville has done to encourage Natural
Landscaping visit:
http://www.charlottesville.org/Index.aspx?page=2261
They have also allowed for natural landscaping in their weed policy here:
http://www.charlottesville.org/Index.aspx?page=2350
It is also important that that definition of a "weed" be very clear, and so
the concept of a "noxious weed" should be used instead which has a much more
specific definition. This would include invasive exotic species that quickly
colonize unmanaged areas and are indicators of neglect, (Please reference the
Virginia Department of Conservation and Recreation’s Natural Heritage Program
website for more information at
http://www.dcr.virginia.gov/natural_heritage/invspinfo.shtml) It would also
include giant ragweed, which although native, poses moderate health risks if placed
in an area where people have contact with it. These species are enumerated in the
USDA Plants database (http://plants.usda.gov/java/noxComposite)
Below is a model weed ordinance taking all these factors into account that we feel
would be appropriate for Albemarle County and meet the criteria of passing both
equal protection and being least restrictive:
Unlawful growth of weeds and other vegetation.
(a) The following definitions shall apply to these words when used in this
section:
(1) “Director” means the director of ______ and their designee(s).
(2) “Owner” means: (i) that person who owns any parcel of real estate, as
identified in the real estate tax records in the office of the city assessor; (ii)
any person who is the occupant or tenant of any parcel of real estate; (iii) any
person having charge of a parcel of real estate as an executor, administrator,
trustee, guardian or agent, or (iv) the beneficiary of any easement or right of use
of a parcel of real estate
.
(3) "Weed" shall any unmanaged species indicating neglect that poses a significant
risk to the health and safety of people or the environment, including noxious weeds
as listed by the USDA and invasive species as listed by the Virginia Department of
Natural Heritage. This definition shall not apply to (i) cultivated crops; (ii)
public recreational areas or trails intended to be left in their natural state; and
(iii) vegetation along natural streams or watercourses when necessary to deter
erosion and; (iv)natural landscaping,
(4) "Natural Landscaping" shall mean a managed area specifically set aside by a land
owner for conservation purposes, using native plants, which aims to blend
residential or commercial property into the natural surroundings. Natural
landscaping shall (i) not encroach within a minimum of 5 ft from any developed
areas, roads, or buildings (ii) Include a plan to identify and manage native plant
material as well as a plan to manage and eliminate noxious weeds. (iii) include and
maintain at least 80% native plants (by area coverage).
(5) "Native plant" shall mean a plant species herbaceous or woody indigenous to the
midAtlantic states prior to the settlement of Jamestown, Virginia.
(b) A person found guilty of a violation of either of the following provisions
shall be punished as provided in section ___ of this chapter.
(1) It shall be unlawful for the owner of any parcel of real estate to allow weeds
or turf grasses to reach a height of twelve (12) or more inches or otherwise create
a risk to the public well being, where such weeds are located: (i) on any developed
lot or parcel in any Growth Area of the County, or (ii) on that portion of any
undeveloped lot or parcel in the Growth Area which is within one hundred fifty
(150)feet of any building, street, sidewalk or public rightofway. All weeds
existing in violation of this section are hereby declared to constitute a public
nuisance.
(2) It shall be unlawful for the owner of any parcel of real estate to allow
thereon any hedge, shrub, tree or other vegetation, the limbs, branches or other
parts of which overhang, extend or protrude into any street, sidewalk or public
alley in a manner which obstructs or impedes the safe and orderly movement of
persons or vehicles thereon, or in the case of trees, when the dead limbs or
branches thereof are likely to fall into or across such street or sidewalk thereby
endangering such persons and vehicles. Any such hedge(s), shrub(s), tree(s) or other
vegetation existing in violation of this section is hereby declared to constitute a
public nuisance.
Finally, if the County chooses to support a weed ordinance, we would offer to
provide technical assistance on the effort. Three of our committee members have
extensive experience on issues related to native versus nonindigenous plants in
Virginia, Jan Ferrigan, Lonnie Murray, and Phil Stokes.
Sincerely,
R. Michael Erwin, PhD
Chairman, Natural Heritage Committee
(EM: rme5g@virginia.edu, or 9243207)
Go to next attachment
Ret urn t o ex ec summary
C omments from the Water Resources Staff
Received via email
Taller grasses have deeper roots and protec t against erosion and are more drought tolerant
Mos t native grasses and a lot of forbs (wildflowers) grow taller than one foot.
Native plant diversity will be lost, w hich is ex tremely important to our pollinators.
Blackberry patches w ill have to be mowed.
Perennials (grasses and forbs (w ildflowers)) will most likely not be able to go to seed if they are maintained at 1 foot.
They will not reproduce.
For visibility issues, a border of 4 to 10 feet c ould be mowed and maintained.
You reduce wild life habitat
You reduce carbon sequestration
There is no mention of exemptions in to the proposed code.
There are some more listed her by the Audubon society for golf course, but they seem applicable:
http://ww w.auduboninternational.org/PDFs /The%20Benefits%20of%20Taller%20Grasses%20on%20Golf%20Courses.pdf
Repp Glaettli
Stormwater Inspec tor
W ater Resource Division
General Services D epartment
Go to next attachment
Return t o ex ec s ummary
Zoning Enforcement Prioritization
One of the paramount issues facing zoning enforcement in our department is the lack of
prioritizing zoning complaints called in by the public. Currently, we turn every allegation into a
complaint, investigate it, and proceed to court if needed. This causes the same amount of work
no matter how insignificant the code violation. Not only does this impact our staff, it also
impacts other County departments such as the county attorney’s office.
To aid in directing department resources where they have the best and broadest impact, we
prioritize and classify reported violations in the following manner:
1. Public Health, Public Safety or Significant Environmental Impact – Examples include
active pollution or dangerous substances.
2. Comprehensive Plan & Zoning District – Development Areas and/ Entrance Corridors
would have the highest priority. Property zoned RA but on an Entrance Corridor is within
this category. Upon investigation, it is possible for a complaint in this category to go to
category #4 as de minimus. For example, a sign that is 3 inches too wide in the
Development Areas may be considered de minimus.
3. Comprehensive Plan & Zoning District Rural Areas not on Entrance Corridors would
have the lowest priority unless they involve #1 Public health, safety or environmental
impact.
4. De minimus – minor violations which do not have identifiable / significant public impacts.
Examples include one inoperative vehicle that is uncovered and that isn’t visible from
other properties or public road. An example of a de minimus violation that most can relate
to is speeding 2 mph over the posted speed limit. The Police typically target the major
violators and do not address the minor (de minimus) violators.
Items of the lowest priority called de minimus (#4) would be assigned and investigated. If a
violation is found, an advisory letter (not NOV) would be sent to the owner/violator.
Ret urn t o ex ec summary
COUNTY OF ALBEMARLE
EXECUTIVE SUMMARY
AGEN D A TITLE:
STA 2008 01 Private Streets and Single Point of
Access
SU B JECT/PR OPOSAL/R EQUEST:
1. Modify the s treet standards for private
streets.
2. Limit the number of entranc es existing
parcels may have onto public streets.
STAFF CONTACT(S):
Mess rs. Tucker, Foley, D avis, Kamptner,
Graham, and Fritz; and Ms. McCulley
LEGAL R EVIEW : Yes
A GENDA DATE:
June 3, 2009
A C TION: X INFOR MATION :
C ON SENT A GENDA:
ACTION : IN FORMATION:
A TTACHMENTS: Yes
R EVIEW ED B Y:
B A C K GR OU N D :
On November 12, 2008, the Board held a public hearing on this proposed subdivision ordinance text amendment, which
w ould amend County C ode § 14404 to reduce the number of entranc es allowed onto public roads, amend County
C ode § 14412 to change the road standards for private roads serving 2lot and 3 to 5lot subdivisions, and amend the
applicable requirements for R ural Subdivisions by making the requirements of Section 14404 applicable to them.
C opies of the exec utive summary and the draft ordinance considered at the public hearing are attached as Attachments
A and B. At the close of the public hearing, the Board directed staff to work w ith the community to identify conc erns
and alternatives. On February 26, 2009, staff conducted a Roundtable discuss ion and a summary of the discussion is
attached as Attachment C.
STRATEGIC PLAN:
Goal 1: Enhance Quality of Life for all Citizens
Goal 4: Effectively Manage Growth & Development
Adoption of regulations designed to improv e emergency acces s (street standard) and minimizes entranc es (single point
of access) can promote these goals.
D ISC U SSION:
Following is a summary of the key points from the Roundtable discussion and staff comments:
Single Point of A ccess
The November 4, 2008 draft ordinance provides that the first s ubdivision plat approved for a parcel (the “parent parc el”)
after the ordinance’s effective date would es tablish a single street to provide access to the subdivision from an existing
street. This single point of access would provide acces s for all future subdivisions within the boundaries of the parent
parcel. The Planning C ommission could waive this requirement. Single points of access w ould not be required in non
R ural Areas lands which are subject to the coordination and interconnections requirements of County C ode § 14409.
The follow ing were offered by the R oundtable participants as primary alternative approaches:
Apply single point of ac cess requirements only to certain roads.
Apply single point of ac cess requirements only to lots having less than a specified minimum frontage.
Apply single point of ac cess requirements only to lots under a certain size.
Retain existing regulations for access but prohibit additional s ubdivision for a specified period of time (i.e.,
phasing).
The Roundtable participants also sugges ted that administrative waivers from the requirements be authorized for
various reasons such as limiting stream buffer disturbance, minimizing impac ts on ac tive agricultural activities,
accounting for ex is ting development, multiple frontages, amount of tree removal, and historic resources. Participants
also suggested that the voluntary provision of single points of acc ess could be encouraged by authorizing private street
approvals w ithout Planning C ommission review.
Staff offers the following comments and recommendations:
Staff offers the following comments and recommendations:
Apply ing single point of acc ess requirements only to c ertain roads
Staff contacted VDOT to determine a methodology to identify major rural streets. Generally, streets of over 1,400 vtpd
are considered collector streets intended for mobility. Streets of less than 1,400 vtpd are considered local streets
intended for acc essibility. Staff has conducted a preliminary assessment of roads in the County which would be
considered major rural streets. Attachment D shows the major rural streets in the C ounty that have been identified by
staff to date. Greater regulation of entrances on the higher volume roadways serves to protect the traveling public and
preserv e the primary purpose of those streets which is mobility. Staff has identified two options that the Board may
w ant to consider if a traffic volume based approach is desired:
Applying the single point of ac cess regulations only to major rural streets.
Establishing a different frontage requirement for R ural Subdivisions on major rural streets. (Current
regulation is 250 feet of frontage.) Fluvanna County uses a s imilar approach and requires 500 feet of
frontage for lots on major streets. (See the following subsection)
Apply ing single point of acc ess requirements only to lots with less than a certain minimum frontage.
In the foregoing subsection, staff discussed an alternative approach that would require alternative frontage
requirement for lots created on major rural streets. If the Board chooses to use frontage as the sole criterion to
determine whether access requirements should apply, s taff would recommend that the single point of access
requirements apply if any of the proposed lots have less than 500 feet of frontage.
Apply ing single point of acc ess requirements only to lots under a certain size
D uring the Roundtable discussion it was noted that applying single point of access requirements to large parcels
could res ult in longer internal s treets w hich may have a greater environmental impac t than multiple entrances. Staff
acknowledges this could occur. However, the question arises as to w hat size parcel would be exempt from the
regulations . Very large parcels (those c ontaining sev eral hundred acres ) that are dev eloped with a single point of
access may very well have road impac ts that are more significant than w ould occur if multiple access was utilized.
H owever, staff cannot determine w hat an appropriate acreage would be for an automatic waiver. Instead staff
recommends that waiver be allowed for very large parcels. These regulations would allow acreage, environmental
impacts and other factors to be considered.
Prohibiting further subdivision for a period of time (phasing)
The final alternative approach sugges ted at the Roundtable discuss ion was to establish a holding period for lands
subdivided using the Rural Subdivision option before the lands could be further subdivided. The phasing of
subdivisions would effectively prevent the R ural Subdivision as a development tool. However, the phasing of
subdivisions is not enabled under the State Subdiv is ion Law and, therefore, any phasing w ould have to be addressed
by amending the Zoning Ordinance to regulate the use of development rights. U ltimately, the Board w ill recall that staff
analyzed the effects of phasing when the Board w as considering various mountainrelated regulations and concluded
that phasing merely delayed the impacts sought to be address ed. In this cas e, phasing w ould not reduce the total
number of entrances onto existing roads – it would merely extend the period ov er which they would be created.
W aivers
A clear desire was stated by the participants at the Roundtable discussion to inc lude administrative waiver provisions.
These provisions s hould be s pecified in the ordinanc e and be for clearly identifiable reasons such as: complying with
VDOT design and interc onnectivity requirements, limiting stream buffer disturbance, minimizing impac ts on active
agricultural activities, accounting for ex is ting development, multiple frontages, amount of tree removal, and historic
resourc es.
Private road standards
The November 4, 2008 draft ordinance provides that the current minimum road standards for tw olot subdivisions (i.e.,
30 foot wide easement, materials and depth of bas e meeting minimum standards in the Design Standards Manual, and
a certificate from an engineer that the road is adequate to accommodate a travelw ay passable by ordinary passenger
vehicles in all but temporary extreme weather conditions) would be deleted. Instead, 2lot subdivisions would become
subject to the standards currently applicable to 3 to 5lot subdivisions, which establish minimum standards for vertical
centerline curvature, sight distances, turnarounds, street w idth, radius for horizontal c urvature and, in the Rural Areas,
establish a minimum travelway w idth, require paving if the grade ex ceeds 7%. These standards w ould be further
amended for roads in the Rural Areas to prohibit grades exceeding 16% and to require that the road have a rectangular
clear zone at least 14 feet in both height and width. The proposed maximum grade and minimum clear zone are
currently required for driveways in the Rural Areas by Zoning Ordinance § 4.6.6. (Attachment C ).
The follow ing suggestions regarding the proposed private road standards were offered by Roundtable participants:
The regulations should clarify how road grades are calc ulated (e.g., measured over 50 feet or 100 feet) and w hat
topographic information s hould be us ed to c alc ulate the grade.
topographic information s hould be us ed to c alc ulate the grade.
W aivers from the 16% grade standard should be permitted to be granted administratively.
Specific criteria should be established to guide the waiver proces s and the criteria should include, but not be
limited to, cons ideration of use of an existing road, the amount of tree removal, and the impacts on stream
crossings.
W aivers from the requirement that roads exceeding a 7% grade be paved should be permitted if the existing
residents do not want the road paved.
Staff has considered the suggestions made by the Roundtable participants and recommends the following revisions to
the proposed ordinance:
Instead of making private roads serving 2lot subdiv is ions subject to the standards applicable to 3 to 5lot
subdivisions, staff recommends that the current private road standards for 2lot subdivisions be revised to require
that they meet the requirements for a drivew ay in Zoning Ordinance § 4.6.6 (Attac hment C).
Staff recommends that the standards that would be applicable to 2 to 5lot subdivisions proposed in the draft
ordinanc e (Attachment B) be revised to apply to 3 to 5lot subdivisions.
Staff recommends that the proposed ordinance be revised to provide that the road’s grade will be calculated over a
distance of 50 feet.
Staff recommends that the proposed ordinance be revised to include the same w aiver procedures and criteria
applicable to driveway standards in Zoning Ordinance § 4.6.6.
These recommended changes to the proposed ordinance would make the driveway standards in the Zoning Ordinance
and the private road standards for small subdivisions consistent with one another, thereby allow ing the objectives of
safe vehicular acces s and public safety to be more fully achieved.
B U D GET IMPACT:
The proposed ordinance will involve additional Planning and Engineering s taff time. The single point of access
regulations w ill result in additional waiver requests. No budget impact is anticipated from amending the private road
standards.
R ECOMMEN D A TIONS:
On the is sue of the single point of access, s taff recommends that the Board give direction to staff as to which, if any,
alternativ e approac hes should be pursued and how waivers should be allowed. On the issue of the private road
standards, staff recommends that the Board direct staff to revise the proposed ordinance as outlined above.
The proposed revisions would either clarify or make less restrictiv e, however slight, the regulations in the November 4,
2008 draft ordinance. H ow ever, s taff recommends that the Board hold a public hearing to allow public c omment on the
revised ordinance before taking action. If the Board desires the Planning Commission’s recommendations on the
proposed revisions, it should refer the proposed ordinance back to the C ommission.
A TTACHMENTS
A – November 12, 2008 Executive Summary
B – Draft ordinance dated Nov ember 4, 2008
C – Zoning Ordinanc e § 4.6.6
D – Map showing major rural streets
Ret urn to regular agenda
COUNTY OF ALBEMARLE
EXECUTIVE SUMMARY
AGENDA TITLE:
STA 200800001 Rural Area Streets and Single Point
of Access (SPOA)
SUBJECT/PR OPOSAL/REQUEST:
1) Require all subdivision of property (from the
effective date forward) to share the same
entrance onto a public s treet (Single Point of
Access ); 2) Establish a road standard for a
private road serving two (2) lots; and 3) Revise
the 35 lot private road standard to be c onsistent
with the driveway standard for issuance of a
building permit as found in the Zoning Ordinance.
STAFF CON TA CT(S):
Fritz, McC ulley and Graham
LEGAL R EVIEW: No
A GENDA DATE:
N ovember 12, 2008
A CTION: X INFOR MA TION:
C ONSENT AGENDA:
AC TION : INFOR MA TION:
ATTACH MEN TS: YES
BACK GROUND :
The proposed amendments are to prov ide orderly subdivision and development of land. The current Subdivision
regulations allow for these purposes to be circumvented in several ways, such as through the creation of
multiple entrances with no road standard for separate s ubdivision plats done in a series.
STA 2008001 R ural Streets involves two separate Subdivision Ordinance amendments as follows :
1. Single Point of Access (SPOA) is an amendment to Section 14404 to reduce the number of entrances
onto public roads. This amendment requires all property subdiv ided from this point forward, to utilize a
single entrance. This regulation does not apply to family divis ions .
2. 2lot Private Street Standard establishes a road standard by applying the 35 lot private road standard
(which then bec omes a 25 lot private road standard). This also modifies that s tandard by applying the
maximum grade and vertical c learance driveway requirements . This regulation does not apply to family
divis ions.
A brief history of this Subdivision Ordinance Amendment follow s:
Res olution of intent adopted by the Board on February 6, 2008;
Planning Commiss ion public hearing on Augus t 26th;
Second Planning Commission public hearing on October 7th to revise the ordinance language to clearly
state that the SPOA amendment applies also to rural subdivis ions . This was an omission that would
hav e resulted in a loophole.
In addition, staff brought up the issue w hich arose after the last Commis sion meeting relating
to the priv ate road standard in the Subdiv ision Ordinanc e v ersus the driveway standard in the
Zoning Ordinance. This driveway standard (Section 4.6.6) applies to the issuance of a
building permit. The Commission decided to recommend that the private road standard be
revised to be consistent w ith the driveway standard for the maximum grade (16%) and vertical
clearanc e (14 feet wide by 14 feet high).
DISCU SSION :
Since the last public hearing on October 7th, staff has met with a group of citizens who have raised s everal
areas of c oncern about these amendments and who as ked that we allow for further disc ussion before adoption
of the amendments. They note that the SPOA amendment will more often require commercial entrances. The
sight dis tance requirement for a commercial entrance is much greater than for a private entrance (one s erving
only one or tw o lots). We heard from a surveyor anec dotally that a high percentage of entrances are not able to
obtain c ommercial sight distance. Even though a waiver is an available option to allow additional entrances, this
regulation c ould potentially result in the loss of or restriction to development rights for a property owner unable to
establish a commercial entrance. The c itizens noted als o that the SPOA requirement can result in longer roads
which could a) create additional and perhaps unnecessary stream crossings and/or b) interfere with legitimate
bona fide agricultural us e of the property .
With regards to the road standard, the citizens suggested that the proposed standard requires road plans and is
more restrictive than nec essary. They suggest instead that we establish specific standards that a surveyor can
certify but that do not require paving, etc.
To addres s these concerns, the Board may chose to c onsider several options including:
Allow ing an ex emption or specific waiver for those cases in whic h commerc ial s ight distance is not
available at any point on the property frontage and the use of development rights would otherwise be
prohibited;
Allow ing additional entrances for those properties w ith signific ant road frontage. For example, for
property with more than X feet (such as 500 or 1000 feet) of continuous road frontage along one road,
an additional entrance is allow ed at a rate of one additional entrance for every X feet of frontage;
Establishing administrative waiver criteria whic h consider factors such as ex isting agricultural use of
the property and/or numbers of resulting stream crossings when a single entrance / road is required.
BUDGET IMPACT:
Implementation of these amendments w ill involve additional Planning and Engineering staff time. The SPOA
amendment w ill result in additional waiver requests. With the establishment of a two lot road standard, tw olot
subdivisions will now require the submittal, review, bonding and inspec tion of a road plan. The total impact on
staffing is difficult to quantify at this point. Due to the fact that there is c urrently a froz en Engineering position,
the Current D evelopment Engineers would be most impacted.
RECOMMENDA TION S:
In the event the Board wis hes to cons ider any of these additional provisions, staff w ill work in roundtable with the
public. We will then bring this back to the Board at a later date. Another option is for the Board to move forward
with part of the amendment, such as the road standard, and have staff s tudy the SPOA options further.
Staff and the Planning Commission recommend approval of the attached Subdivision Ordinance amendment
(Attachment A).
ATTAC HMENTS:
ATTACHMENT A: Draft Subdivision Ordinance Amendment dated 11/4/08
ATTACHMENT B: Chart of Existing Priv ate Road Standards
ATTACHMENT C: Chart of Proposed Private Road Standards
ATTACHMENT D: Staff Report for August 26th Commission Public H earing
ATTACHMENT E: September 29th Memo to the Commission on D riveway Requirements
ATTACHMENT F: Planning C ommission Minutes
Go to next at tac hment
Ret urn t o ex ec summary
ORD INANC E NO. 0814( )
A N O RD INA NCE TO AMEND CHAPTER 14, SUBDIV ISION OF LAN D, A RTICLE II,
A DMINISTRA TION AN D PROCED URE, ARTICLE IV , ON SITE IMPROV EMENTS A ND DESIGN, OF
TH E CODE OF TH E COUN TY OF ALBEMA RLE, V IRGIN IA
BE IT O RD AIN ED By the Board of Supe rvisors of the County of Albemarle , Virginia , tha t Cha pte r 14,
Subdivision of La nd, Artic le II, A dministration and Proc e dure , a nd A rticle IV , OnSite Improve me nts and
D e sign, are hereby a me nde d a nd reorda ine d a s follows:
By A mending:
Se c. 14207 Rura l subdivisions
Se c. 14404 Lot loca tion to a llow ac c ess from lot onto stre et or shared drive w ay
Se c. 14412 Standa rds for private stre e ts only
Se c. 14434 Comple tion of onsite improve me nts re quire d prior to pla t a pproval
Chapte r 14. Subdivision of Land
A rtic le II. Administr ation and Pr oc e dur e
Se c. 14207 R ur al subdivisions
The following se ctions of this cha pte r sha ll apply to ea c h rura l subdivision:
A. G e ne ral: Se c tions 14100 through 14108.
B. Administration and proce dure : Se ctions 14200 through 14204 and se c tions 14209, 14226, 14
229 a nd 14236.
C. Plat re quirements and doc uments to be submitted: Se ctions 14300, 14301, 14302(A)(1), (3),
(4), (5), (6), (7), (9), (10), (11), (14) a nd (15), 14302(B)(1), (2), (4), (5), (6), (7), (8), (9) a nd (10), 14303(A ),
(B), (C), (D), (E), (F), (H), (I), (L), (O ) a nd (P), 14304, 14305(B), 14308.1, 14309, 14310, 14312, 14314 a nd
14316.
D. O nsite improve me nts and de sign: Se ctions 14400, 14403, 14404, 14406, 14414, 14416, 14
421, 14426, 14427, 14433 and 14438.
(9596, 7986, 122183, 2481, 5279, 111374, 82874; 1988 Code, § 1813(b); Ord. 98A (1), 71598; O rd.
0514(1), 42005, e ffe c tive 62005)
St at e law referenceVa. Code § 15.22241(9).
Ar ticle IV. OnSite Impr ove ments and D e sign
Se c. 14404 Lot location to allow ac c ess fr om lot onto str e et or shar ed driveway.
Ea c h lot w ithin a subdivision sha ll be loc ated as follows:
A. The first subdivision plat approve d for a pa rc el on a nd a fter [insert e ffe c tive date] (he re ina fte r,
the “pa re nt parce l”) shall e stablish a single public or priva te stree t to provide a cc ess from a n e xisting public or
priva te stre e t outside of or adjac e nt to the parent parce l to the lots within the subdivision. The stree t sha ll also
provide suc h a cc e ss for a ll future subdivisions within the bounda rie s of the parent parce l a s it existe d on [insert
effe ctive da te ]. The re quire me nt of a single ac c ess stree t sha ll not a pply to a ny subdivision whose stree ts a nd
ac c ess are subje ct to se c tion 14409.
AB. Ea ch lot, other than a corne r lot within the deve lopment a re a s, sha ll have rea sona ble a c ce ss to
the building site from only one stree t, sha re d drivewa y or a lle y e sta blishe d a t the same time a s the subdivision or
the subdivision of the pa re nt parce l a s provide d in subse ction (A); provide d that a lot may be loca ted so tha t its
drive w ay enters only onto a public stre e t a butting the subdivision if: (i) the commission grants a w aiver unde r
subsec tion (C); (ii) the subdivider obta ins an entra nc e permit from the V irginia D e pa rtme nt of Transporta tion for
the a cc e ss; (iii) the entra nc e c omplies with the de sign sta nda rds se t forth in se c tions 14410(F) and 14410(G);
and (iv) the subdivider de monstra tes to the a gent prior to a pprova l of the final plat tha t the w a iver does not viola te
any c ove na nts to be re corde d for the subdivision. For purpose s of this se c tion, the term “rea sona ble a c ce ss”
me ans a loc ation for a drive w a y or, if a drive wa y loc a tion is not provide d, a loca tion for a suita ble foot pa th from
the parking spac e s re quire d by the zoning ordina nce to the building site ; the te rm “w ithin the subdivision” me ans
w ithin the e xte rior boundary line s of the la nds be ing divided.
B. If the subdivision is within the rura l a re as, all subse que nt divisions of the residue sha ll enter only
onto suc h stre e t(s) show n on the a pprove d fina l pla t a nd sha ll have no imme dia te ac c ess onto to a ny public stre et.
C. The requirements of this se c tion ma y be wa ive d by the commission as provided in se c tion 14
225.1. In reviewing a waiver request, the commission sha ll dete rmine w hether: (i) the c ounty engine er
re comme nds a n a lte rna tive sta nda rd; or (ii) bec a use of unusual siz e, topogra phy, shape of the property, loca tion
of the prope rty or othe r unusual conditions, exc luding the proprie ta ry inte re sts of the subdivide r, strict applic ation
of the applic able re quire me nts w ould re sult in signific ant de gradation of the prope rty or to the land a dja c ent
the re to. In a pproving a w a ive r, the commission sha ll find tha t requiring the sta nda rd would not forw a rd the
purpose s of this c ha pte r or othe rwise se rve the public inte re st; a nd gra nting the w aiver would not be de trimenta l
to the public he a lth, safety or we lfare, to the orde rly de velopment of the a re a , to sound e ngine e ring pra c tic es, a nd
to the land a dja c ent the re to. In re vie w ing a wa ive r re que st, the c ommission may a llow a substitute design of
comparable qua lity, but diffe ring from tha t required, if it finds that the subdivide r would a chieve re sults w hic h
substa ntia lly sa tisfy the overall purpose s of this chapter in a ma nner e qua l to or exc ee ding the de sire d e ffe c ts of
the require me nt.
(§ 1836 (part), 9596, 82874; § 1839 (pa rt), 9596, 101977, 51077, 82874; 1988 Code , §§ 1836, 1839;
O rd. 98A (1), 8598, §§ 14500(C), 14505; Ord. 0514(1), 42005, e ffe c tive 62005)
St at e law referenceVa. Code § 15.22241(5).
Se c. 14412 Standards for pr ivate str e ets only.
In a ddition to the minimum de sign requireme nts se t forth in se ction 14410, the following minimum design
re quirements sha ll apply to private stre ets authorize d by this c ha pte r:
A. Reside ntial priv ate stre ets. Ea ch private stre e t serving deta che d re side ntial use s a uthorize d
under se ctions 14232 or 14233 sha ll satisfy the follow ing:
1. Stree ts se rving two lots. Ea c h priva te stree t se rving two (2) lots sha ll sa tisfy the
follow ing: (i) e ase me nt or rightofw a y widths sha ll be thirty (30) fee t minimum; (ii) the required mate rials and
minimum de pth of base sha ll sa tisfy the minimum re quire me nts de sc ribe d in the de sign sta nda rds manual; a nd (iii)
the surveyor sha ll inc lude the follow ing wording on the fina l pla t: “The e xisting a nd/or proposed rightofwa y is of
ade quate width a nd horizonta l a nd ve rtica l a lignment to a c commodate a trave lwa y pa ssable by ordinary
pa ssenger ve hic le s in a ll but te mporary e xtre me w ea the r c onditions, toge the r w ith a re a a dequate for ma inte na nc e
of the trave lway, a s required by sec tion 14412 of the Albe ma rle County Code .”
21. Stree ts se rving thre e two to fiv e lots. Eac h private stre et serving three (3) two (2) to five
(5) lots shall sa tisfy the following: (i) ve rtica l c e nterline c urva ture sha ll me e t a minimum de sign K value of five
(5) for c re st c urves and fifte e n (15) for sa g c urves; (ii) sight dista nc e s sha ll not be less tha n one hundred (100)
fe et; (iii) turnarounds sha ll be provide d a t the e nd of e ac h stre e t pe r Americ a n Associa tion of Sta te Highway and
Tra nsporta tion Officia ls guideline s; (iv) stree t e a se me nts or rightofwa y widths sha ll be thirty (30) fe et
minimum; a nd (v) the radius for horiz ontal curva ture sha ll be forty (40) fee t or grea ter, unle ss othe rwise
authorize d by this c ha pte r. Any standard in this pa ra graph (2) may be reduce d to the sta nda rd for stre e ts se rving
two (2) lots whe re a drive w a y departs from the stree t a nd tw o lots re ma in to be se rve d, and a turnaround is
provide d. In a ddition, the following sha ll a lso apply:
(a ) Priv ate stre ets in the rural are as. For suc h priva te stree ts in the rura l a re as: (i)
trave lwa y widths sha ll be fourtee n (14) fe et minimum, with thre e (3) fe et minimum shoulde r w idths, and a
minimum of four (4) fe et from the edge of the shoulde r to the ditc h c enterline; (ii) the grade shall not e xc e ed
sixtee n (16) pe rc e nt; (iii) if the grade of any portion of the stre e t exc ee ds se ven (7) pe rc ent in gra de , the e ntire
stree t shall be surfac ed as re quire d by Virginia Department of Tra nsportation sta nda rds; stre ets of lesse r having a
grade of seve n (7) pe rc e nt or le ss ma y use ha ve a grave l surfa c e; a nd (iv) the stre et sha ll have a rec tangula r zone
supe rja c ent to the stree t that is c le ar of a ll obstructions, inc luding a ny structure s a nd ve geta tion, that is a t lea st
fourte en (14) fee t in width and fourtee n (14) fe e t in he ight.
(b) Priv ate stre ets in the dev e lopm e nt are as. For such priva te stree ts in the
de velopme nt a re as: (i) a n urba n c rosssec tion stre et de sign sha ll be provide d, with a minimum width of twe nty
(20) fe e t me a sured from the c urb fac es or suc h a lte rnative de sign, inc luding a stree t e a sement or rightofway
w idth, de e me d a de qua te by the c ounty engine er to be e quiva lent to or grea ter than the a pplic a ble standard in the
de sign sta nda rds manua l, so a s to adequate ly protec t the public he alth, safety or w e lfare; additional w idths shall
be provide d for gutters to c ontrol drainage a t the disc re tion of the c ounty engine er; and (ii) the entire stree t shall
be surfac e d a s require d by Virginia D epa rtme nt of Tra nsporta tion sta nda rds.
32. Stree ts se rving six lots or m ore. Ea c h priva te stree t se rving six (6) or more lots shall
satisfy Virginia Department of Tra nsportation sta nda rds, provided:
(a ) Priv ate stre ets in the rural are as. For suc h priva te stree ts in the rura l a re as, the
commission ma y a pprove V irginia D e pa rtme nt of Transporta tion standards for mountainous te rra in if the
subdivide r de monstra tes, for a spec ific , identifia ble rea son, the gene ra l we lfa re , as opposed to the proprie tary
interests of the subdivide r, would be be tte r se rved by the a pplic a tion of those sta nda rds.
(b) Priv ate stre ets in the dev e lopm e nt are as. For such priva te stree ts in the
de velopme nt a re as, the a ge nt ma y a pprove Virginia De partment of Tra nsportation sta nda rds for mounta inous
te rrain or an alterna tive standard dee me d a de qua te by the c ounty engine er to be e quiva lent to or grea ter than the
applica ble sta nda rd in the design sta nda rds ma nua l, so as to a de qua te ly prote c t the public hea lth, sa fe ty or
w e lfare .
43. Stree ts se rving family or twolot subdiv isions. Ea ch private stre e t a uthoriz ed to serve a
fa mily subdivision under se c tion 14232(B)(1) or a twolot subdivision unde r se ction 14232(B)(2) shall sa tisfy the
follow ing: (i) e ase me nt or rightofw a y widths sha ll be te n (10) fe et minimum; and (ii) the surveyor sha ll inc lude
the following wording on the pla t: “The e xisting and/or proposed rightofwa y is of a de qua te width a nd horiz ontal
and vertic al alignme nt to ac c ommoda te a tra ve lw ay pa ssa ble by ordina ry pa ssenge r vehicle s in a ll but te mporary
extre me we a the r conditions, togethe r with a re a a de qua te for ma inte nanc e of the tra ve lw a y, as re quire d by se ction
14412 of the Albema rle County Code.”
B. Priv ate stre ets serv ing nonresidential, nonagricultural, attac he d re side ntial, m ultiunit
reside ntial and combine d re side ntial and nonre side ntial use s. Eac h private stre et authoriz ed to se rve non
re sidentia l, nona gric ultura l, attac he d residentia l, multiunit reside ntia l a nd combine d re side ntial and non
re sidentia l use s unde r sec tions 14232 or 14233 shall sa tisfy Virginia De partment of Tra nsporta tion sta nda rds or
an alte rna tive standard de e me d a de qua te by the a ge nt, upon the rec omme nda tion of the c ounty engine er, to be
equivale nt to or gre ate r tha n the applica ble sta nda rd in the design sta nda rds ma nual, so as to a de qua te ly prote ct
the public he a lth, sa fety or we lfa re . The a gent may require minimum tra ve lw a y w idths to provide for onstree t
pa rking upon a dete rmina tion that the provisions for offstre et pa rking may be inade qua te to re asona bly prec lude
una uthoriz ed onstre et pa rking.
C. Cle aring land for im prov ements. A private stre et construc ted to Virginia D e pa rtme nt of
Tra nsporta tion sta ndards shall not be subjec t to that de pa rtme nt’s c le a r zone re quire me nts.
D. Landscaping and other im prov e m ents pe rm itte d. Subsequent to c onstruction of a private stre e t, a
subdivide r ma y install orna me nta l pla ntings and a ny other improve me nts provided that the y do not c onflic t with
sight distanc e, draina ge fa c ilitie s or other required improvements.
E. Waiv er. The require me nts of sec tion 14412(A)(2)(a ) 14412(A )(1)(a) rela ting to stree t e a seme nt
or rightofw a y widths may be w a ived by the c ommission a s provide d in se ction 14225.1. In re vie w ing a wa ive r
re quest for a lesse r stree t e a sement or rightofway width, the c ommission sha ll c onsider whe the r: (i) the
subdivision will be serve d by a n e xisting e a sement or rightofway of fixed w idth tha t c a nnot be w ide ned by the
subdivide r afte r doc umented good fa ith e ffort to a cquire additional w idth; a nd (ii) the existing e a se me nt or right
ofwa y width is a de qua te to ac c ommoda te the require d tra velwa y a nd its ma intenanc e. If the wa ive r perta ins to
minimum stree t e a seme nt or rightofwa y widths ove r an existing bridge, da m or othe r structure, the c ommission
sha ll conside r w hethe r: (i) the longterm environme nta l impac ts re sulting from not wide ning the bridge , da m or
other structure outwe igh complying w ith the minimum width re quire me nts, a s de te rmine d by the c ounty e ngine er;
or (ii) w hether the bridge, da m or othe r structure is a historic a l struc ture. In a pproving a waiver, the c ommission
sha ll find tha t re quiring the sta nda rd stre et ea se ment or rightofw ay w idths would not forw a rd the purposes of
this c ha pte r or otherw ise serve the public interest; a nd granting the w a ive r w ould not be de trimental to the public
he a lth, safety or we lfare, to the orderly de velopment of the a re a , to sound e ngine ering pra c tic es, a nd to the la nd
adjac ent thereto.
(§ 1836, 9596, 82874; § 1837, 9596, 112179, 32978, 82874(part); 1988 Code , §§ 1836, 1837, 1838;
O rd. 98A (1), 8598, § 14514; Ord. 0214(1), 2602; O rd. 0514(1), 42005, e ffe ctive 62005)
St at e law referenceVa. Code § 15.22242(3).
Se c. 14434 Comple tion of onsite impr ove me nts re quir e d pr ior to plat appr oval.
Exc ept a s provide d in se ction 14435, a ll onsite improve me nts re quire d by this c hapter, other than a
priva te stre e t a uthoriz ed under se c tion 14232(B)(1), 14232(B)(2), 14233(A)(2) or 14433(B)(2) se rving le ss
tha n thre e (3) lots, sha ll be completed prior to a pprova l of the fina l pla t. Prior to a pprova l of the final pla t:
A. The subdivide r sha ll submit to the age nt a c ertifica te of completion of a ll of the improve me nts
prepared by a profe ssiona l e nginee r or a la nd surve yor, to the limits of his lic ense; and
B. The subdivide r sha ll ce rtify to the age nt tha t a ll of the construc tion c osts for the improve me nts,
inc luding those for ma teria ls a nd labor, have be en pa id to the pe rson construc ting the improve ments.
9596, 121582, 42176, 21976, 82874 (§ 3); 1988 Code, § 1818; Ord. 98A(1), 8598, § 14412; O rd. 05
14(1), 42005, effe ctive 62005)
St at e law referenceVa. Code § 15.22241(9).
G o to next a tta c hment
Re turn to exe c summa ry
4.6.6 LOT A CCESS REQU IREMEN TS
V e hicular a c ce ss on a lot sha ll be provide d a s follows:
a. In a ll zoning distric ts, a structure re quiring a pe rmit unde r the Uniform Sta te wide Building Code ma y be
esta blishe d only on a lot having fronta ge on a public or priva te stree t a s authoriz e d by the subdivision ordina nce ,
exc ept tha t this re quire me nt sha ll not a pply to lots la c king such fronta ge on the e ffe c tive date of this c hapter.
b. In the rura l a re as zoning distric t, in addition to the re quire me nts in subse ction (a) a nd in order to provide public
safety vehicle s with sa fe a nd re a sonable a cc e ss to a ne w dwelling unit on a lot, ea c h drive wa y tha t will se rve a
ne w dw elling unit: (1) shall not e xc ee d a sixtee n (16) pe rc e nt grade; (2) sha ll have a tra velwa y tha t is at le a st te n
(10) fe e t in width; (3) shall e xte nd to w ithin fifty (50) fe et of e a ch dwe lling unit on the lot; a nd (4) sha ll inc lude a
re cta ngula r zone supe rjac e nt to the drive wa y that is cle ar of a ll obstruc tions, inc luding a ny struc tures a nd
ve getation, that is a t le a st ten (10) fe e t in width and fourtee n (14) fe et in he ight. The la ndowne r sha ll de monstra te
to the sa tisfa c tion of the c ounty enginee r tha t the drive w a y will me et the requireme nts of this subse c tion before a
building pe rmit is issued.
c. N otwithsta nding the re quire me nts of subsec tion (b), the c ounty engine er, with the
re comme nda tion of the fire ma rsha l, may authoriz e a drive wa y having a gra de that exc ee ds sixte en (16) pe rc ent
if the la ndowne r de monstra tes to the sa tisfac tion of the c ounty e ngine er a nd the fire ma rsha l tha t public safety
ve hic le s w ould be a ble to a c ce ss the dw e lling unit eve n though the gra de ma y e xc ee d sixte e n (16) pe rc ent. In
considering a w a ive r request, the c ounty e nginee r and the fire marsha l sha ll consider: (1) the le ngth of the
segme nt of the drive w a y tha t would exc ee d sixte e n (16) pe rc ent; (2) w hether the segme nt tha t would exc ee d
sixtee n (16) pe rc e nt w ould re quire the public safety vehicle to tra ve l uphill towards the dwe lling unit; (3) w hethe r
fire suppre ssion equipme nt suc h a s sprinkle rs w ould be insta lle d w ithin the dwelling unit; a nd (4) whe the r the
dwelling unit is w ithin fifty (50) fe et of a public or private stre e t. In a uthoriz ing suc h a gra de, the c ounty enginee r
ma y impose rea sona ble c onditions to assure tha t the public sa fe ty ve hic le s ma y ac c ess the dwelling unit
inc luding, but not limited to, a condition limiting the ma ximum le ngth any se gme nt of the drive w ay ma y e xc e ed
sixtee n (16) pe rc e nt.
1. The la ndow ne r ma y a ppe al the disapprova l of a wa ive r under subsec tion (c ), or the approva l of a
waiver with c onditions objec tiona ble to the landowne r, to the c ommission. The appea l shall be in writing
a nd be filed w ith the depa rtment of c ommunity de velopme nt within te n (10) da ys a fter the da te of the
c ounty e ngine er’s and the fire marsha l’s de cision. In re vie w ing a wa ive r re que st, the c ommission may
a pprove or disa pprove the w aiver ba sed upon the a pplica ble fac tors in subse c tion (c ), ame nd a ny
c ondition impose d by the county e ngine e r a nd fire ma rshal, a nd impose a ny conditions it dee ms nec e ssa ry
to a ssure that public sa fe ty ve hic le s ma y ac c ess the dwelling unit. In so doing, the c ommission shall give
due c onside ra tion to the re comme nda tions of the c ounty engine er a nd the fire ma rsha l. In a ddition, the
c ommission may conside r suc h othe r evide nc e a s it de e ms ne ce ssa ry for a proper review of the waiver
request.
2. The la ndow ne r ma y a ppe al the de cision of the commission to the board of supervisors unde r the same
proc edure a nd subjec t to the same standards as a n a ppe al to the c ommission se t forth herein.
d. A ny lot whic h wa s la w fully a lot of re c ord on the e ffec tive da te of subse c tion (b) sha ll be e xe mpt from the
re quirements of tha t subse c tion for the e stablishme nt of the first single family deta che d dw e lling unit on the lot if
the c ounty engine er dete rmines tha t those requireme nts would prohibit the prac tic able deve lopment of the lot for
tha t first single fa mily de tac hed dwe lling unit.
Go to next attachment
Re turn to exe c summa ry
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0 2 41Kilometers
0 2 41Miles
City of Charlottesville
Town of Scottsville
County ofAlbemarle
Prepared by Albemarle CountyOffice of Geographic Data Services (GDS). Map created by Elise Hackett, May 2009.
Note: The map elements depicted are graphic representations and are not to be construed or used as a legal description.This map is for display purposes only.
Legend
Major RoadsRailroadsParcelsCity Boundar yCounty Boundar yMajor Rural Roads
1MEMBERTERM EXPIRESNEW TERMEXPIRESWISH TO BE RE-APPOINTED?DISTRICT IFMAGISTERIALAPPOINTMENTACE CommitteeSherry Buttrick 8/1/20098/1/2012Eligible No Action Required ACE CommitteeMr. Jean Lorber8/1/20098/1/2012Eligible No Action Required ACE CommitteeDavid Callihan 8/1/20098/1/2012Eligible No Action Required ACE CommitteeBill Edgerton 8/1/20098/1/2012Eligible No Action Required Advisory Council on Aging William B. Harvey 5/31/20095/31/2011YesAction Required Community Mobility CommitteeSteve Ashby12/31/2010ResignedAdvertised, 1 received Equalization Board C. Marshall Thompson12/31/200812/31/2009NoRio, Advertised, 1 received Fiscal Impact Advisory CommitteeJim Duncan7/8/20097/8/2011Eligible No Action Required Fiscal Impact Advisory CommitteeJeff Werner 7/8/20097/8/2011Eligible No Action Required Historic Preservation CommitteeSara Lee Barns6/4/20096/4/2012Eligible No Action Required Historic Preservation CommitteeDavid Phillips 6/4/20096/4/2012No Action Required, Advertised, 6 recvd Historic Preservation CommitteeJennifer Hallock 6/4/20096/4/2012No Action Required, Advertised, 6 recvd Historic Preservation CommitteeGarth Anderson6/4/2010Resigned Action Required, Advertised, 6 recvd Housing Committee Michael Peoples12/31/200812/31/2011NoAHIP Rep.JABAShirley Copeland 3/31/20093/31/2011No Advertised, 3 received Jeff. Area Community Criminal Justice BoardCapt. John Parrent 6/30/20096/30/2012Eligible No Action Required Jordan Development Corporation Scott Huang 8/13/20098/13/2010Eligible No Action Required Jordan Development Corporation Rosa Hudson 8/13/20098/13/2010Eligible No Action Required Land Use Tax Advisory Board Dan Maupin9/1/20099/1/2011Eligible No Action Required Land Use Tax Advisory Board Fred Shields9/1/20099/1/2011Eligible No Action Required Land Use Tax Advisory Board Montie Pace 9/1/20099/1/2011Eligible No Action Required Natural Heritage CommitteeMichael Erwin 9/30/20099/30/2013Eligible No Action Required Natural Heritage CommitteeRochelle Garwood 9/30/20099/30/2013Eligible No Action Required Natural Heritage CommitteePeter Warren9/30/20099/30/2013Eligible No Action Required Natural Heritage CommitteeJason Woodfin 9/30/20099/30/2013Eligible No Action Required Pantops Community Advisory CouncilRobert BossiTBDNoAdvertisedPantops Community Advisory CouncilCharles HarrisTBDNoAdvertisedPantops Community Advisory CouncilAnthony McHaleTBDNo AdvertisedRoute 250 West Task Force Barbara Franko9/5/20099/5/2012Eligible No Action Required Route 250 West Task Force Robert Bakalian 9/5/20099/5/2012Eligible No Action Required Route 250 West Task Force Bonnie Samuel 9/5/20099/5/2012Eligible No Action Required Route 250 West Task Force Margaret DeMallie9/5/20099/5/2012Eligible No Action Required Route 250 West Task Force Dr. Martin Schulman 9/5/20099/5/2012Eligible No Action Required Route 250 West Task Force Richard Kast 9/5/20099/5/2012Eligible No Action Required Workforce Investment BoardRod Gentry 6/30/20096/30/2010Eligible No Action Required Workforce Investment BoardSue Goldman 6/30/20096/30/2012Eligible No Action Required
Workforce Investment BoardEmily Bardeen 6/30/20096/30/2010Eligible No Action Required Revised 5/28/09
Page 1 of 4
Allan D. Sumpter Virginia Department of Transportation
Charlottesville Residency Administrator 701 VDOT Way
Charlottesville, VA 22911
CHARLOTTESVILLE RESIDENCY MONTHLY REPORT
JUNE 3, 2009
MONTHLY MEETING
ALBEMARLE COUNTY BOS ACTION ITEMS
David Slutzky
• Signal Modifications on Route 29– VDOT Traffic Engineering crews have been performing
signal equipment upgrades at various locations along the Route 29 corridor. These have
included intersections at Rio Road, Branchlands Blvd, and Hydraulic Road. Work is being done
at night to minimize traffic impacts.
Ken Boyd
• Four Way Stop at Ashwood Blvd and Powell Creek Drive (Routes 1670/1521) – The Forest
Lakes Homeowners Association has requested that VDOT investigate the possibility of
installing a four way stop at this intersection along with crosswalks to accommodate pedestrian
traffic. A study will be performed to determine if this is possible.
Dennis Rooker
• Four Way Stop at Woodlands and Reas Ford Road (Routes 676/660) – Implementation plans
are still under development to install the four way stop at this location. Currently, work is
planned for the first week of July. Advanced public notification, including on site message
boards will be in place prior to changes being made.
Ann Mallek
• Rural Rustic on Route 668/765, Walnut Level Road – Application of the tar and gravel surface
for this project has been delayed due to weather. Work will be performed as soon as weather
conditions allow. Traffic calming measures will be installed during the summer after the
surface has cured.
• Intersection of Reas Ford and Earlysville Road (Routes 660/743) – A safety review of this
location by VDOT’s Traffic Engineering Staff has been requested.
Sally Thomas
• Signal Upgrades on Route 29 @ Farmington – A work plan is being developed to perform
upgrades to the signal at this location during the upcoming summer months. The cable support
system at this location is aging and for safety reasons, is needing replacement. It will be
replaced with the pole and mast arm supports being commonly used in today’s installations.
Work will be performed in a manner to minimize traffic impacts.
Lindsay Dorrier
• Rural Rustic on Route 722, Old Green Mountain Road – Application of the tar and gravel
surface for this project has been delayed due to weather. Work will be performed as soon as
weather conditions allow.
PRELIMINARY ENGINEERING
Albemarle County
• Route 656 Georgetown Road, 0656-002-254, C501
Design staff has submitted the public hearing package to VDOT’s Central Office for review
and approval.
• Route 691 Jarmans Gap Road, 0691-002-258 P101, R201, C501
Plans have been submitted to VDOT’s Central Office for right of way acquisition and are
awaiting approval.
Virginia Department of Transportation
701 VDOT Way
Charlottesville, VA 22911
Page 2 of 4
CONSTRUCTION Active Construction Projects
0631-002-128, C502, B612, B613, B657 Grade, Drain, Asphalt, Utilities, Signals, Landscaping and
Bridges
• Continuing work on substructure and completing slope protection for proposed bridge over
Meadow Creek.
• Continuing borrow excavation.
• Completing box culvert installation.
• Completing jack and bore for waterline.
• Continuing storm sewer.
(NFO)BR07-002-391, C501 I-64 WBL Bridge over Rivanna River Deck Repairs and Latex Overlay
• Completed shoulder rehabilitation and widening.
• Completed deck milling.
• Continuing deck patching.
(NFO)BR07-002-392, C501 I-64 EBL Bridge over Stockton Creek Deck Repairs and Latex Overlay
• Completed shoulder rehabilitation and widening.
• Completed deck milling.
• Scheduled to reduce traffic to single lane using concrete barriers beginning on Tuesday, June
2nd at 12:00 noon.
(NFO) 0064-002-794, N501 I-64 EBL Guardrail Upgrade from Rte. 637 to Rte. 781.
• Continuing guardrail upgrades on ease and west bound I-64 from Rte. 637 to 781.
(NFO) 0743-002-282, B658 Advance Mills Bridge Replacement.
• Complete dismantling existing bridge.
SS7B-002-F009, P401 Asphalt Slurry Seal Schedule
• Contractor plans to begin work in June
PLANNING, PERMITS AND LAND DEVELOPMENT
Land Development Items Total This
Month
Total This
Fiscal
Year
Special Use Permits and Rezoning Application Review 1 35
Site Plan Reviews for new Subdivisions 2 70
New Entrance Plan Reviews 11 54
Total Permits Processed 46 571
Inspection of new Subdivision Street conducted 35 232
Inspection of new entrance conducted 107 1148
Miles of Street Accepted in the State System .52 6.38
Virginia Department of Transportation
701 VDOT Way
Charlottesville, VA 22911
Page 3 of 4
TRAFFIC ENGINEERING
Completed
RTE LOCATION REQUEST STATUS
Scottsville Rd
(Rt 20) I-64 to Scottsville Corridor safety study Study completed. Developing
plans for implementation
Being reviewed
RTE LOCATION REQUEST STATUS
Intersection of
Rio and
Hydraulic
Rt 631/743 Pedestrian study Field modifications being drafted.
Intersection of
Hydraulic &
Commonwealth
Rts 743/1315 Pedestrian study Planned for installation this
summer.
Intersection of
Rio & Berkmar Rts 631/1403 Pedestrian study Planned for installation this
summer.
Intersection of
Hydraulic &
Lambs
Rts 743/667 Pedestrian study
Developing logistics for
installation.
Irish Rd (Rt 6) Rt 20 to Nelson County
line Safety review Field modifications underway
Saint George
Ave (Rt 1202) Entire Route Traffic calming
Preliminary review underway to
determine if traffic calming is
warranted.
Richmond Rd
(Rt 250)
Between Peter Jefferson
Parkway and Worrell Dr.
Request from ACPD to
review the crossover due to
the high accident rate
Under review
MAINTENANCE WORK COMPLETED
Patching on Routes. 795 (Presidents Rd.), 29 (Seminole Trail), 677 (Old Ballard), 791 (Wyant
Ln), 631 (Rio Rd), 1744 (Mollifield Ln). 679 (Grassmere Rd RR), and ADS Pipe Project on
684 (Half Mile Branch).
Graded and added stone on Routes 630 (Greene Creek Rd), 617 (Rockfish River Rd), 735
(Mt. Alto Rd), 760 (Redhill School Rd), 717 (Secretarys Sand Rd), 633 (Covegarden Rd), 761
(Briery Creek Rd), 774 (Bear Crk. Rd), 728 (Ed Jones Rd), 778 (Johnsons Rd), 725 (Dawson
Mill Rd), 721 (Old Dominion Rd), 718 (Murrays Ln), 767 (Rabbit Valley Rd), 733 (Campbell
Farm Ln), 640 (Gilbert Station Rd), 688 (Midway), 671 (Ballards Mill), 672 (Blufton), 606
(Dickerson), 689 (Burchs Creek), 824 (Patterson Mill), 691 (Castle Rock), 782 (Stribling Ave
Ext.), 600 (Stoney Point Pass), 784 (Burnt Mill Rd), 711 (Burton Rd), 631 (Appleberry Mtn
Rd), 627 (Green Mtn Rd), and 725 (Dawsons Mill Rd).
Cleared pipes and performed ditch work on Routes. 712 (Coles Rolling Rd), 708 (Redhill Rd),
631 (Old Lynchburg Rd), 715 (Esmont Rd), 626 (James River Rd), 678 (Ridge Rd), 824
(Patterson Mill), 637 (Dickwoods), 29 (Seminole Trail), 614 (Sugar Hollow), 688 (Midway),
684 (Half Mile Branch), 1206 (Orchard Dr), 683 (Shelton Mill), 631 (Rio Rd), 615
(Lindsay Rd), 744 (Hacktown Rd), 731 (Keswick Rd), 1484 (Vincennes Rd), 600 (Stoney
Point Pass), 53 (Thomas Jefferson Pkwy), 640 (Gilbert Station Rd), and 641 (Burnley Station Rd).
Dust Control applied on Routes 784 (Burnt Mill Rd), 731 (Keswick Rd), and 865 (Bunker
Hill Ln).
Virginia Department of Transportation
701 VDOT Way
Charlottesville, VA 22911
Page 4 of 4
Tree cleanup on Routes 708 (Secretarys Rd), 633 (Cove Garden Rd), 627 (Porters Rd), 717
(Secretarys Sand Rd), 824 (Patterson Mill Ln), 689 (Burchs Creek Rd), 687 (Shiffletts
Mill Rd), 614 (Sugar Hollow), 601 (Garth Road), 665 (Buck Mtn), 677 (Bloomfield), 691
(Ortman), 29/250 Bypass, 687 (Shifflett's Mill), 601 (Free Union Rd), and 660 (Reasford).
Trash pickup to include adopt-a highway pickups on Routes 632 (Faber Rd), 627 (Carters
Mountain Rd), 795 (Presidents Rd), 6 (Irish Rd), 717 (Secretarys Sand Rd), Rte. 250 Rockfish
Gap, Rte. 250 Ivy Road, 708 (Redhill Rd), 712 (Plank Rd), 792 (Stump Town Ln) and, 715
(Esmont Rd).
Mowing primary roads in Albemarle County on Routes 29 and 250 and addressing sight
distance issues on various secondary routes.
PLANNED MAINTENANCE WORK – JUNE 2009
• Maintenance activities are continuing on various routes. They include:
o Pavement patching
o Machining gravel roads
o Dust control
o Mowing on primary and secondary routes
o Cleaning drop inlets and storm drains
o Tree trimming and removal
MAINTENANCE BUDGET
1 1 2 3 3 4 5 6 6 7 8 9
0
5
10
15
20
Jul-08 Aug -08 Sep-08 Oct-0 8 Nov-08 Dec-08 J an-09 Feb-09 M ar-09 Apr-0 9 M ay-0 9 Jun-09 MillionsMonths
TOTAL MAINT BUDGET
FORECASTED EXPENDITURES
CUMULATIVE ACTUAL
Hatton Ferry Operational Census
2008 Season Total Pedestrians Total Vehicles
Includes Trucks, cars & motorcycles
April 15th Late Opening Late Opening
May 159 45
June 0 0
July 0 0
August 198 38
September 670 100
October 15th 325 30
Seasonal Total >
1,352
213
2007 Season Total Pedestrians Total Vehicles
Includes Trucks, cars & motorcycles
April 15th 172 71
May 273 100
June ??
July ??
August ??
September ??
October 15th ??
Seasonal Total >
445
171
2006 Season Total Pedestrians Total Vehicles
Includes Trucks, cars & motorcycles
April 15th ??
May ??
June ??
July ??
August ??
September ??
October 15th ??
Seasonal Total >
U nknown
Unknown
2005 Season Total Pedestrians Total Vehicles
Includes Trucks, cars & motorcycles
April 15th ??
May ??
June ??
July ??
August ??
September ??
October 15th ??
Seasonal Total >
U nknown
Unknown
2004 Season Total Pedestrians Total Vehicles
Includes Trucks, cars & motorcycles
April 15th ??
May 516 60
June 244 34
July 240 31
August 157 23
September 148 22
October 15th 207 48
Seasonal Total >
1,512
218
2003 Season Total Pedestrians Total Vehicles
Includes Trucks, cars & motorcycles
April 15th ??
May ??
June ??
July ??
August 299 66
September ??
October 15th ??
Seasonal Total >
299
66
View Report
Ret urn t o regular agenda
COUNTY OF ALBEMARLE
EXECUTIVE SUMMARY
A GEN DA TITLE:
R ural Areas Comprehensive Plan Implementation
U pdate
SU BJECT/PROPOSA L/REQUEST:
Work Session to review Rural Areas (RA)
Strategies and future RA w ork program
STA FF CONTAC T(S):
Messrs . Tuck er, Foley, Davis, Kamptner,
Graham, C ilimberg, and Benish; and Ms.
McDowell
LEGAL REVIEW: Yes
AGENDA DATE:
June 3, 2009
ACTION: X INFORMATION:
CONSEN T AGENDA:
ACTION: INFORMATION:
ATTACHMENTS: Yes
REVIEW ED BY:
BAC KGROUND :
The Rural Areas (RA) section of the C omprehensiv e Plan and its Key Implementation Strategies were adopted in March
2005, along with additional implementation initiatives that were to be undertaken upon completion of the priority
strategies. The purpose of this work session is to review the status of the RA implementation strategies and to discuss
how to proceed with future RA initiatives, per discussions at the Board Retreat last Fall.
STRATEGIC PLAN:
Goal 2.1: By June 30, 2010, increase the total combined acreage in permanent conservation easements and qualifying
public parkland by 30,000 additional acres (50%) using public and private means.
Goal 4.2: By June 30, 2010, increase the protection of the County’s rural areas by implementing the key strategies of the
Rural Areas Plan.
DISCUSSION:
The priority order of the Key Implementation Categories approved with the RA Plan was based on the following
principles:
Unmanaged growth in the rural areas should be addressed.
W hen the rate and form of development had been address ed through Phasing (timerelease) of development and
Mandatory Rural Preservation D evelopments (clustering res idential development to preserve resources), other
strategies to provide s ervices to rural area residents and to protect resources would be initiated.
Phasing and clustering should be reviewed together.
While these priorities (Phasing and Mandatory R ural Preservation Developments (RPD)) were being rev iewed, the
Mountain Overlay C ommittee (MOD) completed deliberations and pres ented its cons ensus recommendations. Following
the MOD C ommittee’s presentation of its recommendations, all of these initiatives were reviewed at the same time with
multiple public input meetings and w ork sessions.
Attachment A is an update of the status of Priority Implementation Measures.
Attachment B is an update of the status of the Plan’s Strategies.
In reviewing the status of the priorities and strategies, some items have mov ed forward while others have not. The
successes have primarily been with respect to protection of natural resources and v oluntary efforts. The strategies that
have been less successful were ones that proposed a regulatory approach to grow th management and struggled with
significant resistanc e from rural property owners w ho saw their ability to develop their property being diminished. As
described in the second bullet above, because phas ing and clus tering provisions were not established, a number of the
remaining s trategies are in question. However, the question is which remaining strategies are still applicable and
independent of the tabled priorities. In considering next steps for implementing rural area strategies, it is also important
to recognize that the R ural Areas Plan, adopted in March 2005, is scheduled for its five year update in 2010. Given each
of these factors, staff believes a five year rev iew of the Rural Areas Plan is important for validating remaining strategies
before undertaking major new initiatives. Finally, staff notes there is a question of limited resources. Staff anticipates the
before undertaking major new initiatives. Finally, staff notes there is a question of limited resources. Staff anticipates the
currently frozen planner positions will remain this w ay for several years , meaning any new initiatives will need to fit within
the currently available res ources. This suggests that strategies resulting in additional staff capac ity for future initiativ es
should be more heavily weighted.
With the above perspective, staff believes the following is the best course of action through 2010:
1. Maintain a strong effort towards encouraging conservation easements, through ACE and other means. The
County has a Strategic Plan objective that will be very challenging to reach by June 2010 given the state of
the ec onomy and staff believes this should be our highest priority for the Rural Areas . To illustrate the type
of effort recommended, Attachment C is a summary of the tax benefits of a donated conservation easement,
prepared by the Piedmont Environmental C ouncil. Staff believes efforts should be focused on educating
landowners to the potential benefits of voluntary conservation eas ements using this type of material.
2. Initiate a five year review of the Rural Areas Plan starting in 2010. This w ill provide the necessary update of
this section of the C omprehensiv e Plan and provide an opportunity to validate the remaining strategies
against the results of the first fiv e years. Staff also recognizes the Land Use Plan as well as the Natural
Resources and C ultural Assets sections of the Comprehensive Plan are in need of an update and there are
overlaps betw een those sections and the Rural Areas Plan. This suggests the County could benefit from a
c oncurrent review process for these three plans.
3. Staff has identified two nearterm strategies which can be completed prior to s tarting the update of the R ural
Areas Plan, both of which should improve staff’s capacity to implement future Rural Areas strategies ev en if
frozen positions are not refilled w ithin the next several years.
a. Evaluate circumstanc es where Rural Areas’ c hurches can be considered a byright activity and propose
ordinanc e amendments to provide for this. Special Us e Permits required for small additions or changes
to these churches often appear to provide limited value to the community and are routinely approved with
a standard set of conditions. As such, these us es may be more appropriately considered under the
Supplemental Regulations part of the Zoning Ordinance. This has the potential of allowing staff to focus
more resources on long term strategies rather than application reviews. Staff recogniz es there will be
numerous issues to consider w ith this proposal, such as w hether the structure is in a historic district or
significantly inc reases road demands, but believ es this can managed as part of the considerations.
b. Evaluate circumstanc es where home oc cupations can be considered as byright activ ities and propose
ordinanc e amendments to provide for this. Similar to the churches, staff has noted many of these
Special U se Permit applications appear to provide limited value to the community and are routinely
approved with a standard set of conditions, which suggests this may be appropriate under the
Supplemental Regulations part of the Zoning Ordinance. This would also free up staff resources to work
on long term strategies.
BUD GET IMPACT:
There are no budget impacts that would result from the recommended nearterm strategies (churc hes and home
occupations). Time for those strategies was anticipated in the Department Work Program that was received and
endorsed by the Board of Supervisors on February 4, 2009. Staff does not anticipate direct budget impacts from an
update of the Rural Areas Plan but rec ognizes that future strategies could create impacts. Any budget impac ts res ulting
from future initiativ es will be determined with the review of the initiatives.
RECOMMENDA TIONS:
Staff recommends the following course of ac tion:
1. Promotion of conservation easements should remain the highest priority
2. An update of the Rural Areas Plan should begin in 2010 concurrently with an update of the Land Use Plan
and the N atural Resources and Cultural Assets sections of the Comprehensive Plan.
3. Possible ordinance amendments related to churches and home occupations s hould be considered prior to
beginning w ork on the update of the R ural Areas Plan.
ATTACHMENTS
A R ural Areas Comprehensive Plan Implementation Update
B R ural Areas Comprehensive Plan Strategies Update
C Tax Benefit Fact Sheet
Return to regular agenda
A: Rural A reas Comprehensive Plan Priority Implementation Measures – Update
Priority Strategy Action Result – What it Means to
Overall Program
1 Phasing of
Development
Board Tabled
Action
No change to rate of dev elopment
in Rural Areas
1 Mandatory
RPD
Board Tabled
Action
Protection of resources with
cluster dev elopment (R PD) is
voluntary
(no
priority)
(added by
Board) MOD
Use some
elements of
MOD
proposal for
the entire R A:
Rural Areas Resource Protection
formed out of MOD, res ulting in
additional protection of critical
slopes (safe and convenient
access) and requiring buffers for
both intermittent and perennial
streams in entire RA. Ex tension of
ow nership for Family D ivisions
was approv ed.
2 Conservation
Programs
Strategic
Plan goal to
achieve
30,000
additional
acres under
easement;
ACE funding
increased FY
2007FY2009
FY equivalent
rate of one
cent of the
tax rate ($1.0
million to
$1.62 million);
reduced FY
200910 to
$950,000
The recent reduction in AC E
funding combined with the impacts
of the economic downturn will
make it very difficult to reac h the
Strategic Plan goal for ac reage
under easement. Efforts are
being focus ed on promotion and
information for potential easement
holders, along with reduced ACE
funding.
3 RA Support
Programs
Position not
filled and
likely to be
frozen for
several years
Anticipated programs/support
services on hold; support to
sustain local agriculture relies on
community initiatives
4 Crossroads
Communities /
Alternative
Uses
Country
Stores
ordinance
approved
Additional considerations deferred
due to limited staff resources.
Reevaluation of strategy
anticipated with update of Rural
Areas plan.
5 Fiscal and
Tax Tools
Land Use
Tax
Assessment
revalidation
is underw ay
Revalidation effort underway
B: Other Implementation Categories In addition to the priority initiatives listed abov e, additional Rural Areas
implementation categories were also review ed by the Board of Supervisors at the time the Plan was approved.
Some of these initiatives have been addressed at least to some degree. These categories along with their updates
are listed below :
TransportationR ural Rustic R oad
Rural R ustic R oads program implemented and establis hed as the preferred form of road paving in
the RA
Board established that unpaved roads funds should be used for projects in the Development Area
before any unpaved road funds are to be used to pav e roads in the RA
State unpaved road funds not expected to be available for at least the next 6 years
Transfer of Dev elopment Rights
State legislating enabling TDR s has been approved
A citizen committee has been reviewing a TD R concept; the committee’s
comments/recommendations have not been formally is sued to date.
Zoning and Subdivision Text Amendments Deferred
Code amendments to protect biodiversity and historic resources
Adopt ov erlay districts to combine habitat corridors and stream buffers
Building s ite definitions that better protect important res ources and debris flow hazard areas
In addition to the priority initiatives above, the C ounty has addressed other strategy recommendations of the Rural
Areas Plan since its adoption.
C: Other Initiatives Other Initiatives undertaken at the directive of the Board or through public
requests/applications that related to R A Plan initiative:
Mountain Overlay District (MOD)
Served as impetus for RA w ide amendments to:
• strengthen regulations for Safe and Convenient Acces s
• adopt stream buffer regulations that are consistent throughout the County
Family D ivisions
Subdivision Ordinance amended to ex tend ownership requirement for parcels subdiv ided using
family division standards to 4 years before the division and 4 years after the division
Country Stores
Ordinanc e amendments were approved to provide greater regulatory flexibility for both historic and
newer c ountry stores
Monticello Historic District
New zoning district created for Monticello and later expanded for Montalto
Agricultural/Forestal D istricts
Promotional program begun (brochure and newsletters ) but currently onhold due to los s of R A staff
person (position frozen due to budget conditions)
D: Conservation Easement Programs
Background
A conservation easement marketing effort w as launched in 2007 with funding provided by the Board of Supervisors
with direction to county staff to work with other conservation easement holding agencies in the community to
support easement donation efforts for ACE and other programs.
Current status of easements as of 12/31/08:
Acres % of the Rural Areas % of the whole
C ounty
All lands under
easement
77,367 17.57%16.69%
Shenandoah Nat’l 14,134 3.21%3.05%
Park
C ounty Parks 1,962 0.45%0.42%
R agged Mtn Rec
Area
928 0.21%0.20%
Easements and
Parks
94,391 21.43%20.36%
R ural Areas 440,384
D evelopment Areas 23,258
Total C ounty 463,643
Major A ctivities to Date:
In respons e to the Board’s direction, c ounty staff began meeting regularly with an
easement partnership whic h includes :
Virginia Outdoors Foundation
The N ature Conservancy
Piedmont Environmental Counc il
Thomas Jefferson Soil and W ater Conservation District
Acquisition of Conservation Eas ements (ACE)
Public Recreational Facilities Authority (PRFA)
A marketing program w as initiated by the easement partnership with two main objectives – (1) to build the Client
(potential donor) pool and (2) to build public support and additional res ources. The program focused on several ways
to accomplish those objectives:
Inc rease marketing for the full s pec trum of easement options to potential easement donors, not just ACE
W ork more clos ely with landowners to provide additional educ ation on incentiv es/ benefits related to
eas ement donation i.e. tax credits, etc.
Evaluate new measures to fund ACE beyond general fund, i.e. c ontinuing grant applications, priv ate
donations, etc.
Maintain public awareness of and s upport for land and resource conservation efforts
The following are highlights of the outreac h activities undertaken in the past tw o years:
Forever Albemarle photographic ex hibit in the C ounty Office Building in July, 2007, keynote address by L.
Pres ton Bryant, Jr., Virginia Secretary of Natural Resources
Tend Albemarle educational materials produced promoting land and resource c onservation and protection –
brochure for Earth Day, County Government Open H ouse and other spring/s ummer activities
Tend Albemarle information included in Spring 2008 tax mailing insert to all county taxpayers
Publicized landowner w orkshops sponsored by partner agencies (ongoing)
Conducted an educ ational campaign aimed at c onservation eas ements donation/financial contributions
conducted from J uly 2008 through October 2008 that included public service announcements , newspaper ads,
and other outreac h activities to c reate interest in easement donations in advance of ACE application deadline
in October and end of tax year
Sponsored the AC E 5000/70,000 c elebration highlighting the acquisition of the C layton Property at Beaver
Creek Reservoir in summer 2008, keynote address by Governor Kaine
Conducted a Board of Supervisors w ork sess ion on alternativ e financing strategies for ACE cosponsored w ith
the PEC in September 2008
Iss ued news releas es announcing AC E related deadlines, closings, conservation easement totals, farmland
preservation grant aw ard from the state and other program milestones (ongoing)
Hos ted the Urban Places Rural Spaces exhibit at the Charlottesv ille C ommunity D esign Center in partners hip
with Charlottesv ille, Piedmont Environmental Council and the CC DC, May 2009
Published an AC E article in the Virginia Review magazine, spring 2009 – available on line at the following
link: http://www .vareview.com/mag/newlook.as p?is=JF09&ar=contents
Current C onsiderations:
In planning for future marketing activities , the partners hip has identified the following considerations that w ill impact
how outreach efforts move forward:
Any specific marketing of the AC E program right now, when funding is reduc ed and there are already a
number of applicants in place, should not be s o aggressive that it creates significantly more demand than can
be met, resulting in frustration.
It is important to continue broadbased outreac h efforts to continue the general public’s awareness and
support for conservation easements and to familiarize residents with w hat land conservation possibilities
exis t for them.
Outreach efforts should continue to emphasiz e the full range of possibilities offered by all the easement
partners, not just ACE, since the great majority of the county’s easements come from other easement holding
organizations.
Until the economic situation stabilizes and properties regain some of their value, there may be significant
reluctance among landowners to take a major step such as plac ing a property in conservation easement.
Future Activities:
Continue dedicating a portion of our C ommunity Engagement Specialist position to w ork with Community
Dev elopment on easement marketing/outreac h – this has resulted in a new brochure for PR FA and upgrades
to the website are underway.
Establish a goal of contacting landow ners with property over 75 acres at least tw ice a year (by mail or some
other way) to promote benefits of easements in the County and to share a list of potential land conservation
options.
W ork w ith PEC to distribute their information on tax credits, while encouraging interested landow ners to
pursue the specific s of their tax situation with a lawyer or tax expert.
Continue presentations and personal communic ation w ith interested landowners and groups promoting land
conservation options.
Continue efforts to promote the benefits of land and resource conservation to the general public , including
enc ouraging donations to the tax deductible ACE fund.
Create a video or some type of multimedia presentation for use with groups and on the County website.
Go to next at tac hment
Ret urn t o regular agenda
STATUS CONSIS TENCY WITH OT HER SECTIONS OF THE COMPREHENSIVE PLAN
Biodiver sity
Committe e
unde rw ay,
funding
c onstr aine d
Str ategy 1: Ame nd c ode s a nd progra ms a ffe cting the Rural A re a s a nd the County a s a
whole to prote ct biodiversity, re flec t the re commendations of the Biodiversity Work
Group and the sta nding Biodiversity Committe e onc e a dopte d, a nd inc orpora te polic y
response s to issues ra ised by the ongoing biologica l resource s inventory.
Histor ic R e sourc e
Planne r fr oze n,
Ordinanc e wor k
defer re d
Str ategy 2: A me nd codes a nd progra ms affec ting the Rura l Are as to prote ct historic
resourc es a nd refle c t the re comme nda tions of the Historic Pre se rvation Pla n.
Ongoing Str ategy 3: Prote c t pote ntial tra il a re as a s re c omme nde d in the Gre enwa ys Pla n.
Ongoing Str ategy 4: Loc a te trails to provide public ac ce ss to na tural a nd c ultural resourc es
without ne ga tively impa cting those re sourc es.
Par tially done ,
par t of Boar d
table d cluster ing
provision
Str ategy 5: Approa c h prote ction of sc e nic re source s by foste ring via ble rura l
e c onomies, he althy ec osyste ms, a nd prote cted cultura l resource s, rather tha n only
through impleme nta tion of visual de sign sta nda rds. Approac h prote c tion of sc e nic
resourc es from the vie w point of a ll rura l a re a re side nts a nd visitors, rather tha n only
foc using on vie ws from de signa ted sce nic roa ds a nd stre ams.
S TAT US A GRICULTURAL USES
Start with Ag
Suppor t position
Str ategy 1: Initiate a multime dia c ommunic ation progra m tha t e duc ate s c itize ns of the
be ne fits a nd the c onflic ts of living in the proximity of a gric ultural industries, promote s
the a ppre c ia tion of the Rura l A re a s a nd the importanc e of a gricultura l resource s.
Ongoing Str ategy 2: Enc ourage the prote ction of prime a gricultura l soils from nona gric ultura l
de ve lopme nt through Rura l Prese rva tion De ve lopme nts, conse rva tion e ase me nts,
Agric ultura l and Foresta l Distric ts, the Land Use Taxa tion progra m, and the A c quisition
of Conse rvation Ea se me nt progra m.
Conside r with
Home
Oc c upation
Str ategy
Str ategy 3: Allow a ppropriately sc a le d low impac t use s on working fa rms tha t provide
supple me nta l ec onomic be ne fit to fa rmers.
Ongoing Str ategy 4: Increa se a nd e sta blish c onsiste nt funding for the Ac quisition of
Conse rva tion Ease me nt progra m a nd ac tive ly se e k suppleme nta ry public a nd priva te
funding sourc es.
Start with Ag
Suppor t position
Str ategy 5: Esta blish proa ctive support of a gric ultura l land uses through the c re a tion of
a n Agric ultural/Fore sta l Support Progra m position tha t provide s agric ultura l a ssista nce
that inc ludes community educa tion, ma rketing stra tegies, the e xploration of a gric ultura l
support busine sses a nd alterna tive a gric ultural use s.
Low er pr ior ity,
defer re d
Str ategy 6: Re vise the Zoning Ordinanc e to inc lude performa nc e sta nda rds for
a gricultura l ope ra tions, such a s confine d a nima l fee ding ope ra tions (CAFO s) tha t may
c a use serious nega tive impac ts the environme nt.
On hold Str ategy 7: Continue to support the Farm Tour as a n e duc ational tool.
Start with Ag
Suppor t position
Str ategy 8: Support a gricultura l e duc ation in the c la ssroom. Implement a farm da y for
c hildre n.
Start with Ag
Suppor t position
Str ategy 9: Enc ourage a nd promote a gricultura l re late d voc ationa l e duc ation progra ms
from middle school onwa rd.
Ongoing Str ategy 10: Enc oura ge the inte gra tion of conse rva tion land uses with a gric ultural and
foresta l uses, e spec ially if the c onse rvation use would provide conne c tivity to othe r
c onse rva tion la nd a nd/or would provide a buffer be twee n pote ntial conflic ting uses, suc h
a s re side ntial a nd othe r types of a gricultura l or fore sta l uses.
S TAT US FORESTAL USES
Ongoing Str ategy 1: Enc ourage protec tion of prime fore sta l soils from nona gricultura l
de ve lopme nt through Rura l Prese rva tion De ve lopme nts, conse rva tion e ase me nts,
Agric ultura l and Foresta l Distric ts, the Land Use Taxa tion progra m, and the A c quisition
of Conse rvation Ea se me nt progra m.
Start with Ag
Suppor t position
Str ategy 2: Enc ourage e duc ationa l programs tha t te ac h c onse rvation of the fore st land
ba se.
Done Str ategy 3: Continue to ac tively promote c onserva tion e a se me nts.
Ongoing, but
c luste ring tabled
Str ategy 4: Conside r the impac t on forest fra gmentation in the e va lua tion of la nd use
de cisions.
Start with Ag
Suppor t position
Str ategy 5: Enc ourage c ooperative ma na geme nt of sma ll pa rc els of forestla nd to
provide e c onomie s of sc a le and better manage me nt.
On going Str ategy 6: Ac tively promote A gricultura l a nd Fore sta l Districts.
Duplic ate Str ategy 7: Esta blish proa ctive support through the c re ation of a n Agric ultura l/Foresta l
Support Progra m tha t provides fore sta l a ssista nc e that inc lude s community e duc a tion,
marke ting stra te gie s and the explora tion of fore sta l support busine sses.
Duplic ate Str ategy 8: Enc ourage the integra tion of c onserva tion la nd use s with forestal use s,
e spec ially if the c onse rvation use would provide conne c tivity to othe r conse rve d land
a nd/or w ould provide a buffe r be tw e en potentia l c onflicting use s, such as re side ntial
use s.
S TAT US C ONS ERVAT ION USES
Duplic ate Str ategy 1: Enc ourage protec tion of environme nta lly se nsitive la nd from re side ntial or
c omme rc ial de ve lopme nt through Rura l Pre se rva tion De velopme nts, conse rva tion
e a sements, Agricultura l a nd Fore sta l Districts, the La nd U se Ta xa tion program, a nd the
Acquisition of Conserva tion Ea sement program.
Defer re d,
c ooper ative e ffor t
w/ TJSWCD
Str ategy 2: Enc ourage e duc ationa l programs tha t te ac h c onse rvation of natura l
resourc es, espec ially those programs ta ilored to individua l use r groups suc h a s la nd
owne rs, business ow ners, c ontrac tors, deve lope rs, and te ac he rs.
Not done , past of
tabled c luste r ing
provisions
Str ategy 3: Identify land a re as tha t should be ma inta ine d as natura l c onserva tion a re a s
to a ssure pe rsiste nc e of our wa ter a nd biologic a l re source s. This should consider,
a mong othe r things, ma inte na nc e of large bloc ks of fore st to provide groundwate r
rec harge and fore st inte rior ha bitat, protec tion of w e tla nds, riparia n a re a s a nd other
biologic ally rich and e c ologica lly importa nt a re a s, ma inte na nc e or c re ation of wildlife
move me nt corridors, possibly in ripa rian area s a nd mounta in ridge tops. U tilize the
County’s biodive rsity initia tive s to ide ntify a re as or spe c ie s that ne e d c onserva tion
protec tion.
Defer re d, partial
c onsider ation
with Home
Occ upations
Str ategy 4: Re vie w pote ntial c onflic ts betwe en conserva tion a re as a nd othe r, adjoining
rural la nd uses. Se e k to develop pla nning a nd mana ge me nt me thods tha t promote
c oexiste nce of the se diffe re nt use s.
Duplic ate Str ategy 5: Continue to ac tively promote c onserva tion e a se me nts.
Not done , par t of
Boar d tabled
c luste ring
provisions
Str ategy 6: Conside r the impac t on rural la nd fra gme nta tion in the e valuation of land
use de cisions.
Duplic ate Str ategy 7: Ac tively promote A gricultura l a nd Fore sta l Districts.
Start with Ag
Suppor t position
Str ategy 8: Esta blish proa ctive support through the c re ation of a n
Agric ulture /Conse rvation/Forestry Support Progra m tha t provides a ssista nc e inc luding
c ommunity e duc ation, marke ting stra te gie s, a nd the e xploration of rural la nd use support
busine sses.
Ongoing Str ategy 9: Promote the be nefits of c onse rva tion a nd pre serva tion of la nd through
e duc a tion progra ms, information provide d through mixe d me dia re sourc e s, and the
County we b page . Informa tion perta ining to the La nd Use Ta xation progra m for O pen
Spa c e should be inc luded in this outre a ch initiative .
Duplic ate Str ategy 10: Esta blish stability in the ACE progra m through a perma ne nt funding
sourc e.
Ongoing Str ategy 11: Inc re a se the visibility of the ACE Progra m.
Ongoing Str ategy 12: Inc re a se funding of the ACE Program to e nable it to ke e p pac e with
e sc ala ting re al esta te va lue s. (FY20092010 – funding re duce d)
Ongoing Str ategy 13: A ssign the highe st priority possible in the County's budget to the
a c quisition of perma ne nt e ase me nts. (Subjec t to Board dire c tion)
On going Str ategy 14: A ctive ly pursue volunta ry dona tions of c onse rva tion e a sements tha t
pre vent de ve lopme nt and prote c t valued re sourc es, w hether those e a sements a re he ld by
the County's Public Re c re ational Fa cilities A uthority or by othe r approve d bodies.
Done Str ategy 15: Coordinate with othe r ea se me nt holde rs to cre a te a c omple te a nd a cc ura te
c onse rva tion ea se me nt trac king syste m for the County.
Unde rway Str ategy 16: Inc re a se its c apac ity to monitor the use of la nd unde r e ase me nt and e nsure
a dhe re nce to the terms of e a se me nts.
Not done , par t of
Boar d tabled
c luste ring
provision
Str ategy 17: Pre serve la rge a re as of fore st, protec t or c re ate fore sted strea m buffers,
a nd support good soil ma nagement in orde r to protec t wate rshe d se rvice s.
Str eam buffer
gr ants being
c omple te d
Str ategy 18: Fund a nd/or provide gra nt a ssistanc e for voluntary c onse rvation projec ts
that prote ct agricultura l a nd fore sta l resource s, a nimal and pla nt habita ts, and e c osystem
se rvice s.
Ongoing, but
c onstr aine d
Str ategy 19: U pon a doption of re commendations from the Groundwate r Committe e ,
a dopt mea sures to prote c t the quality and qua ntity of groundwa ter, both a s a critica l
portion of the County's ove ra ll w a te r syste m and a s a wa ter supply for rura l re side nts.
(O rdinance adopted for future prote ction me asure s; groundwate r manager position
froze n)
Ongoing Str ategy 20: Re cogniz e land c onse rvation progra ms as the highe st priority for a chieving
Rura l Area goals, a nd ma nagement of deve lopment pa tte rns a s a tool tha t c an re duc e
but not preve nt de ve lopme nt impa c ts. (Disc ussed in e xec utiv e summary )
S TAT US RURAL C OMMERCIAL C ROS S ROADS C OMMUNITIES
Defer re d,
c onsider w ith
future c r ossr oads
strate gy
Str ategy 1: Buildings in crossroa ds c ommunitie s should be used/re novate d to provide
a ppropria te ly sca led servic es tha t would only be nefit the imme dia te surrounding a re a
while pre serving the rural charac ter, such as country store s, sma ll sc ale offic es, da y
c a re , a nd small sc a le doc tor/de ntist offic e s, and public institutiona l use s, suc h a s post
offic e s, with pa rticular e mpha sis give n to historic buildings as spac e s to support the
mainte nanc e of these re sourc es.
Ongoing Str ategy 2: Crossroa ds c ommunitie s should remain viable rura l c ommunity/soc ial
c e nte rs tha t re ta in the ir individual rura l historic cha ra cte ristics while also supporting the
broa de r Growth Ma na gement Goa ls found in the La nd U ses Cha pte r of the
Compre he nsive Pla n.
Ongoing with
applications
Str ategy 3: Ensure the sc a le a nd sc ope of any ne w use is consiste nt w ith the e xisting
infra structure a nd cha ra cte r of the crossroa ds c ommunity and Rura l Area s, without a ny
requirement for upgra de or expa nsion of infrastruc ture .
Defer re d,
c onsider w ith
future c r ossr oads
strate gy
Str ategy 4: Esta blish boundarie s, such as bounda ries c orresponding w ith pa rc els tha t
ha ve be e n ide ntified as historic a l site s or pote ntial historic al site s, to guide de c isions on
the loc a tion of use s in c rossroads communities.
Defer re d,
c onsider w ith
Str ategy 5: Esta blish de sign a sta nda rd, such a s archite c tura l, re novation, a nd sign
guide lines, to e nsure the sca le and sc ope of businesse s ma inta in the cha rac ter of the
future c r ossr oads
strate gy
c rossroa ds c ommunitie s a nd supports the County's grow th ma na gement policie s.
Defer re d,
c onsider w ith
future c r ossr oads
strate gy
Str ategy 6: Enc ourage the a da ptive re use s of historic structures should e nc oura ge the ir
mainte nanc e and pre se rvation.
Defer re d,
c onsider w ith
future c r ossr oads
strate gy
Str ategy 7: Implement polic ie s in the Zoning O rdina nce that promote the cha ra cte r of
the Rural A re as a nd not urban style deve lopment suc h a s re laxing the require d pa rking
sta nda rds a nd re quire me nts for pa rking lot surfa ce s, e ntrance re quire me nts, a nd
la ndsc ape require me nts.
S TAT US RURAL COMMERCIAL – A LTERNATIVE USE S
Conside r with
Home
Occ upations
Str ategy 1: Re vie w the Zoning Ordina nc e to re e valuate byright use s a nd use s by
spe cia l permit, suc h a s home occ upa tions a nd fa rm sa le s, to e nc ourage uses tha t
promote the pre se rvation of rura l la nds and a ctivitie s (inc luding but not limite d to farm
sa les a nd agricultura l se rvice busine sses, low impa ct forms of rec re a tion, te mporary
spe cia l e ve nts, a nd a rts a nd crafts sa le s), ga rden ce nte rs, and disc ourage uses tha t a re
c ontra ry to the County's growth mana ge me nt polic ies (including but not limited to sw im
or tennis c lubs, ne w sc hools, a nd offsite parking for industria l distric ts).
Defer re d for Ag
Suppor t position
Str ategy 2: Cha nge farm sales to a byright use without site pla n re quire me nts.
Conside r with
Home
Occ upations
Str ategy 3: Re vise the de finitions a nd sta nda rds rela ting to home oc c upa tions to
stre a mline a pprovals for lowimpa ct use s (preferably by right), require spe c ia l use
pe rmits for uses with higher impac ts, a nd clarify which use s will not be pe rmitted as
home oc cupations.
Defer re d for
Natural Her itage
Committe e ’s
wor k
Str ategy 4: Esta blish pe rforma nce sta nda rds that minimiz e impa c ts on natural and
c ultura l re sourc e s, a nd avoid c onflic ts with agric ultural and fore stal use s.
Defer re d,
c onsider w ith
Histor ic
Resour ce s
Ordinanc e
Str ategy 5: Re vise the Zoning Ordinanc e to pe rmit tours of Na tional or Sta te re gistered
historic sites or buildings a nd of c ontributing struc ture s in historic distric ts by spec ial
use pe rmit, a s re c omme nde d in the Historic Pre se rvation Pla n, a nd consider
pe rformanc e sta nda rds for these use s to mitiga te a ny impa cts on the building, historic
distric t, or Rura l Area s
Conside r with
Home
Occ upations
Str ategy 6: Limit the siz e a nd inte nsity of rura l a lte rnative use s so tha t the y do not
c onflic t with the c harac ter of the Rura l Area s.
Ongoing Str ategy 7: Ma inta in the e xisting polic y of not e xpa nding public wa ter a nd sewer
se rvice to the Rural A re a s, inc luding rural alte rna tive uses.
Conside r with
Home
Occ upations
Str ategy 8: Ensure tha t subdivision is not possible for the duration of a lte rnative use s
that are not rela te d to a griculture , fore stry, or c onse rva tion.
Conside r with
Home
Occ upations
Str ategy 9: Re quire alterna tive uses loc a te d in the Rura l Area s to use lighting (if a ny)
that conforms to the de sign spec ifica tions found in the Natural Re source s a nd Cultural
Assets Plan.
Conside r with
Home
Occ upations
Str ategy 10: Consider a llowing hospic e fac ilitie s within the Rural A re a s.
S TATUS LAND USE PATTE RNS, D ENSITY, AND RES IDENTIAL D EVELOPMENT – R PDS & SUB DIVISIONS
Tabled by
Boar d
Str ate gy 1: Re quire Rural Pre serva tion Deve lopment (cluste ring) for a ll Rura l Area s
subdivisions, with exc eptions to be dete rmined with the imple me nta tion pla n.
Tabled by
Boar d
Str ate gy 2: Maximiz e to the extent possible the rural prese rvation pa rc e l in RPD s, in
terms of size and bene fit to the na tura l e nvironment, sc enic re sourc e s, historic re sourc e s,
agric ultural and fore stal soils a nd use s by re quiring that the pre serva tion pa rce l be
contiguous a nd w ith a minimum perce nta ge of the tota l a cres of the RPD Reduc e the
impa c t of the deve lopme nt pa rc els by minimizing to the grea te st a mount fe asible the
ac re a ge use d for re side ntia l parc e ls within a Rura l Prese rva tion D e ve lopme nt by
esta blishing a ma ximum residentia l lot siz e . The prese rva tion pa rc e l should not be le ss
tha n 80% of the tota l a crea ge in the RPD. The residentia l parce l siz es shall be
de termine d with the imple me ntation pla n.
Tabled by
Boar d
Str ate gy 3: Re quire tha t residentia l lots should be c luste re d together, to the e xte nt
possible , in order to re duc e the impa c ts of fra gmentation and to a void c onflic ts with
agric ultural and/or fore sta l use s.
Tabled by
Boar d
Str ate gy 4: Re quire tha t the primary c onside ra tion for the loca tion of re side ntial lots a nd
the pre se rvation tra c t in RPDs must be the protec tion a nd c onserva tion of rura l ope n
spa c e a nd/or na tura l, historic , or sce nic re sourc es, as we ll a s the conserva tion a nd
prote ction of c ritic al slopes, stre a m va lle ys, floodpla ins, pe rennia l stre a ms, prime ,
importa nt or unique agric ultural or fore stal, nontida l wetlands, w a te r supply w a te rshe ds,
groundwate r re charge area s, a nd mountain prote c tion a re as, a s de sc ribe d in Cha pte r Two
of the Comprehensive Plan.
Tabled by
Boar d
Str ate gy 5: Adopt sta nda rds and re strictions for subdivisions tha t a re c onsiste nt with the
polic ies of the Comprehe nsive Plan and of the Rura l Area s G uiding Princ iples.
Done Str ate gy 6: Re stric t a cc e ss for a ll de velopment lots in RPD s to a n inte rna l stree t in
ac c orda nce w ith Chapter 14 of the Code of Albemarle .
Done Str ate gy 7: Re stric t the number of RPD lots to no more tha n the numbe r that could be
ac hie ved w ith a conve ntiona l subdivision.
Par tially tabled
by Board
Str ate gy 8: Encoura ge the c onnec tivity of c onse rvation la nd w hereve r fe asible by
loc ating the RPD c onse rvation e a sement a dja ce nt to othe r conse rva tion e ase me nt
prope rtie s.
Defer re d as
r e sult of table d
RPD provisions
Str ate gy 9: Set a ma ximum a cre a ge for de velopme nt right lots in subdivisions that w ill
effe ct a significa nt re duc tion in la nd c onsumption through de ve lopme nt c ompa re d to the
current 31a cre total for five de ve lopme nt rights, while ensuring rea sona ble fle xibility to
ma ke w e lls and se ptic fie lds possible in difficult te rrain.
Tabled Str ate gy 10: Adopt a pha sing (time re lea se ) progra m tha t would pe rmit a limite d number
of lot(s) to be cre a te d in a fixe d period of time.
Defer re d for
Natural
Her itage
Committe e ’s
wor k
Str ate gy 11: Esta blish overla y distric ts (for e xa mple, a c ombine d stre a m buffe r a nd
ha bita t c orridor district) a nd building site definitions tha t bette r prote c t importa nt
re sourc e s identifie d in the Compre he nsive Pla n a nd Critica l Resourc es Inventory from
the impa cts of reside ntia l deve lopment.
Defer re d for
Natural
Her itage
Committe e ’s
wor k
Str ate gy 12: Address the impa cts of residentia l deve lopme nt on biodive rsity by altering
zoning a nd subdivision regula tions to inc lude design c rite ria tha t dire ct re sidentia l
de velopment a wa y from la rge area s of forest, wildlife c orridors, and highly va lue d
ha bita ts, and by imple me nting the rec omme nda tions of the Biodive rsity Committe e .
Par tially done ,
r e mainde r
table d
Str ate gy 13: Adopt progra ms and re gula tions to imple me nt the mounta in protec tion goals
ide ntified in the Na tural Re sourc e s a nd Cultura l Assets sec tion of the Comprehe nsive
Plan, in a c cord w ith ne w informa tion on de bris flow ha za rd are a s a nd with the future
input of the Critica l Re sourc e s Inventory.
Done Str ate gy 14: Se t standards tha t limit the slope s a nd c urva ture of driveways in the Rural
Are a s to pre vent e rosion a nd provide safe a cc ess.
Not yet
sc he dule d
Str ate gy 15: Limit or pre vent re side ntia l development in de bris flow ha za rd a re a s a s
ne e de d to protec t public safety.
Phase II Str ate gy 16: Require use of lighting tha t c onforms to the design spe c ific a tions found in
lighting e ffor t
not yet
sc he dule d
the Natura l Resource s and Cultural A sse ts Compone nt of the Pla n in a ll re sidentia l
de velopment a pprovals.
Done Str ate gy 17: Conside r re vising time requireme nts for fa mily owne rship both before a nd
afte r a family division.
Le gis. done ;
impleme ntation
table d
Str ate gy 18: Ac tively support enabling le gislation for the Tra nsfer of De velopme nt
Rights. Whe n TDR progra ms are e na ble d, the County should adopt me asure s for
imple me nta tion.
S TAT US LAND U S E PATT ERNS D ENSITY AND RESIDENTIAL DEVELOPMENT – RPDS & SUBDIVIS IONS
With Natural
Her itage
Committe e ,
funding
c onstr aine d
Str ategy 1: Adopt a set of Rural A re a s sta tus indic ators and deve lop a set of frequently
upda ted ma ps (or ma p laye rs) tha t show the sta tus a nd trends of Rura l Area s re sourc e s
a nd fe a ture s. These me asure s should be revie we d a nnua lly to inform polic y, progra m,
a nd re gula tion cha nge s.
With Natural
Her itage
Committe e ,
funding
c onstr aine d
Str ategy 2: De ve lop a me thod of ec ologic a l footprint ana lysis to be used in e stimating
the impac ts of proposed polic ie s and la nd use s, a nd use that me thod in polic y a nalysis
a nd proje c t re vie w .
With Natural
Her itage
Committe e ,
funding
c onstr aine d
Str ategy 3: Be fore the ne xt revision of this c hapter of the Compre he nsive Pla n, engage
in a pa rticipatory proce ss that esta blishe s a vision for ac hie ving a gric ultural and foresta l
la nd conserva tion, biodiversity prote c tion, w ate rshed prote c tion, historic prese rva tion
a nd othe r la nd use goa ls on a shared la ndsc ape . Use the outc omes of this proce ss to
guide a n overall landsca pe pla n for a chieving the Vision for Rura l Albema rle County.
STATUS INFRAS TRUCTURE /C OMMUNITY SE RVICES TRANSPORTATION
SSYP funding
c onstr aine d
Str ategy 1: Focus road improvements on sa fe ty improve ments suc h a s providing
shoulders, gua rdra ils, a nd spot improvements such as stra ighte ning c urve s rather than
the paving and widening of rura l roa ds.
Done Str ategy 2: Pursue the Rura l Rustic Roa ds Progra m a s a n a lte rnative to the Pa veIn
Pla c e program for qua lifie d roa ds tha t ha ve be en de signa te d to be pave d by the County.
The Rura l Rustic Roa ds Progra m is a more environme nta lly friendly and less c ostly wa y
than the Pave InPla ce Program.
Defer re d Str ategy 3: Conside r expanding tra nsportation a lte rna tives, suc h a s JAU N T, to provide
a nd e nha nc e rura l tra nsit opportunitie s.
Defer re d to
wor k on with
c rossroad
c ommunities
Str ategy 4: Explore new tra nsportation alterna tives such as pa rk and ride lots and
tra ffic ca lming in c rossroa d communitie s.
Ongoing
transpor tation
planning effort
Str ategy 5: Exc e pt for agric ultura l a nd fore sta l purpose s, limit construc tion of ne w
roa ds in the Rura l Are as, espec ially whe re roa d building would impa ct or fragme nt
na tura l ha bitats.
Defer re d for
Natural Her itage
Committe e wor k
Str ategy 6: Re quire tha t newroad proje cts a nd roa d improve me nt proje cts include
mea sure s that a void de grading ha bitats or a ctive ly improve them (for exa mple , wildlife
tunne ls whe re roa ds c ross migra tion c orridors, stre a m crossing de signs that conside r
ha bitat conne ctivity a s well a s flood leve l impa c ts, etc .).
Defer re d for Ag
Suppor t position
Str ategy 7: Identify roa ds tha t would provide for c onne ctions/de stination routes to se rve
the rura l popula tion a nd to provide fa rmtoma rke t route s. It should be cle a rly note d that
these sec ondary roa ds should not be de signated or de signed to be come the impetus for
growth c orridors.
S TAT US FIS CAL AND TAX TOOLS
Alter native use
value taxation
program
unde rw ay
Str ategy 1: Esta blish a committe e to review the County's useva lue ta xation progra m
a nd re vise the program within the framework of sta te ena bling le gislation. The
Committe e should e nsure that this progra m supports rura l area polic y goals a nd doe s not
subsidize re sidentia l de ve lopme nt or othe r ac tivitie s that are counte r to rural area goa ls.
Defer re d for
Natural Her itage
Committe e wor k,
funding
c onstr aine d
Str ategy 2: Re vise the sta ndards for the O pe n Spa c e c ate gory of the use value taxa tion
progra m to allow landowne rs to qua lify through the prote c tion of e nvironmental
resourc es (such as biodive rsity) and e c osyste m se rvic e s (suc h a s wate rshe d protec tion),
a nd c re ate a stra ightforwa rd a pplica tion proce ss for this purpose .
Ongoing Str ategy 3: Re vie w the County budget for opportunitie s to e ffec tive ly provide
ince ntives tha t support rural are a polic ie s and to re move ina dve rtent subsidie s of use s
a nd a ctivitie s that are c ounte r to rura l a re a goa ls.
Par tially done ,
alte rnative use
value taxation
program
unde rw ay
Str ategy 4: Conduc t a n a na lysis of the fisca l impac ts of rura l re side ntia l de velopment,
a nd re vise polic ie s and regula tions to a ddre ss those impa c ts.
Ongoing Str ategy 5: Find outside funding source s for the purcha se of de ve lopme nt rights a nd
othe r forms of re sourc e protec tion a nd effe ctive ly use tha t funding for County land
protec tion programs. County sta ff should help landowne rs find funding for c onse rva tion
purpose s.
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