HomeMy WebLinkAbout2013-12-04Tentative
BOARD OF SUPERVISORS
T E N T A T I V E
DECEMBER 4, 2013
COUNTY OFFICE BUILDING
9:00 A.M. – AUDITORIUM
1. Call to Order.
2. Pledge of Allegiance.
3. Moment of Silence.
4. Adoption of Final Agenda.
5. Brief Announcements by Board Members.
6. Recognitions:
a) 2013 VACO Go Green Virginia Challenge Award.
7. From the Public: Matters Not Listed for Public Hearing on the Agenda.
8. Consent Agenda (on next sheet).
Discussion/Action Items:
9. FY 2012-2013 Comprehensive Annual Financial Report (CAFR).
10. Economic Development Program (continued discussion).
Presentations:
11. Charlottesville Albemarle Convention and Visitors Bureau (CACVB) 2013 Annual Report.
12. Albemarle County Service Authority (ACSA) Update, Gary O’Connell.
13. Rivanna Water and Sewer Authority (RWSA) Update, Tom Frederick.
14. Closed Meeting.
15. Certify Closed Meeting.
16. Boards and Commissions: Vacancies/Appointments.
1:30 p.m. - Public Hearing:
17. Proposed Ordinance to Establish Auxiliary Police Force. Ordinance to amend
Chapter 2, Administration, Article V, Law Enforcement, of the Albemarle County Code, by
amending Section 2-504, Volunteer community service force, to clarify the function and the
insurance coverage of the community service force volunteers, and by adding Section 2-505,
Auxiliary police force, to establish an auxiliary police force under the direction of the chief of police
pursuant to Virginia Code Section 15.2-1731.
18. – Agricultural and Forestal Districts. Ordinance to amend Division 2,
Districts, of Article II, Districts of Statewide Significance, of Chapter 3, Agricultural and Forestal
Districts, of the Albemarle County Code, to add lands to certain districts and to make corrections to
certain district regulations to identify all those tax map parcels within the districts, as specified below:
a) AFD-2013-1. Ivy Creek AFD – District Review. The proposed ordinance
would amend Section 3-217, Ivy Creek Agricultural and Forestal District, to identify TMP 44-
21C(part) as being in the district (land from a parcel in the district was transferred to this
parcel, the remainder of which is not in the district), to identify TMP 44-35(part) as being in
the district (land not in the district was added to this parcel, resulting in only part of this parcel
being in the district), to continue the district for all parcels identified in the district regulations,
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to set the next district review deadline date of December 4, 2023, and to remove any parcels
for which a request for withdrawal is received before the Board acts on the proposed
ordinance;
b) AFD-2013-2. Keswick AFD – Addition. The proposed ordinance would
amend Section 3-219, Keswick Agricultural and Forestal District, to add TMPs 65-14A and 65-
14A1 to the district;
c) AFD-2013-3 and 2013-4. Hardware AFD – Addition. The proposed
ordinance would amend Section 3-214, Hardware Agricultural and Forestal District, to add
TMPs 74-6H and 88-3U to the district;
d) AFD-2013-5 and 2013-6. Glen Oaks AFD – Addition. The proposed
ordinance would amend Section 3-213.5, Glen Oaks Agricultural and Forestal District, to add
TMPs 93A5-K2A11, 93A5-K2A12 and 93A5-K2A13 to the district;
e) AFD-2013-7. Jacobs Run AFD – Addition. The proposed ordinance would
amend Section 3-218, Jacobs Run Agricultural and Forestal District, to add TMP 19A-22 to
the district; and
f) AFD-2013-8. Totier Creek AFD – Addition. The proposed ordinance would
amend Section 3-227, Totier Creek Agricultural and Forestal District, to add TMP 127-39 to
the district.
19. ZTA-2013-00003. Dam Break Inundation Zones. Ordinance to amend Chapter 18,
Subdivision of Land, of the Albemarle County Code by adding regulations pertaining to proposed
development within dam break inundation zones, as required by State law. This ordinance would
amend Sec. 18-3.1, Definitions, by adding definitions, Secs. 18-32.4.1.3, Contents of preapplication
plan, and 18-32.5.2, Contents of an initial site plan, by requiring information pertaining to dam break
inundation zones be shown on those plans, and Sec. 18-32.4.2.8, Effect of approval of initial site
plan on other future and pending approvals, to refer to new Sec. 18-32.8.6, Dam break inundation
zones; prerequisites to development. New Sec. 18-32.8.6 imposes requirements before
development may occur in dam break inundation zones, as required by State law. In addition to
adding Sec. 18-32.8.6, this ordinance would add Sec. 18-32.5.6, Dam break inundation zones, to
impose certain requirements on the site review committee when reviewing a site plan in a dam
break inundation zone, and Sec. 18-32.6.4, Dam break inundation zones; engineering study and
mapping information, which requires the developer to submit an engineering study and mapping
information in prescribed circumstances. This ordinance also would make a technical amendment to
Sec. 18-32.8.1, Completion of on-site improvements required prior to final site plan approval, to
provide that required improvements must be completed prior to issuance of a certificate of
occupancy and amend Sec. 35.1, Fees, to impose the minimum fee required by Virginia Code §
15.2-2243.1 related to the developers’ share of the contract-ready costs for necessary upgrades to
an impounding structure, which fee is one percent of total amount of payment or one thousand
dollars ($1,000.00), whichever is less.
20. STA-2012-00002. Subdivision Plat Process Improvements. Ordinance to amend
Chapter 14, Subdivision of Land, of the Albemarle County Code. This ordinance would add and
delete definitions (Sec. 106, Definitions), amend the requirements and procedures for administering
Chapter 14 and the procedures for submitting, reviewing and acting on subdivision plats, easement
plats, and related variations and exceptions (Secs. 14-200 through 14-231.1), including eliminating
planning commission review of plats except on appeal from an action by the agent and requests for
certain variations or exceptions, requiring an approved valid preliminary plat prior to submitting a
final plat for certain classes of subdivisions, reorganizing such regulations, deleting certain fee
classifications for processes no longer required and amending the terminology of other fee
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classifications (Sec. 14-203, Fees) and to impose the minimum fee required by Virginia Code § 15.2-
2243.1 related to the subdividers’ share of the contract-ready costs for necessary upgrades to an
impounding structure, which fee is one percent of total amount of payment or one thousand dollars
($1,000.00), whichever is less; amending the regulations pertaining to plat requirements (Secs. 14-
300 through 14-318) by making technical corrections and adding requirements for information for
stream crossings (Sec. 14-307, Stream crossings) and dam break inundation zones by imposing
requirements on the site review committee when reviewing a preliminary plat for development in a
dam break inundation zone (Sec. 14-307.1, Dam break inundation zones) and requiring the
subdivider to submit an engineering study and mapping information in prescribed circumstances.
(Sec. 14-318, Dam break inundation zones; engineering study and mapping information); amending
the regulations pertaining to onsite improvements and design (Sec. 14-400 through 14-441) by
making technical corrections, amending those sections authorizing waivers to instead authorize
“variations or exceptions,” updating regulations pertaining to securing improvements and the release
of security (Secs. 14-435 through 14-436), and adding regulations pertaining to dam break
inundation zones which impose requirements before development may occur in dam break
inundation zones, as required by State law (Sec. 14-441, Dam break inundation zones;
prerequisites to development). In addition to the foregoing regulations pertaining to dam break
inundation zones, this ordinance would amend Sec. 14-302, Contents of preliminary plat, to require
information pertaining to dam break inundation zones be shown on plats and, the regulations in new
Sec. 14-225, Effect of approval of preliminary plat on other future and pending approvals, would
refer to new Sec. 14-441, Dam break inundation zones; prerequisites to development.
21. Arrowhead Farm Acquisition.
22. Five-Year Financial Plan – Work Session.
23. From the Board: Committee Reports and Matters Not Listed on the Agenda.
24. From the County Executive: Report on Matters Not Listed on the Agenda.
25. Adjourn to December 11, 2013, 4:00 p.m., if needed.
CONSENT AGENDA
FOR APPROVAL:
8.1 Approval of Minutes: August 7 and August 14(A), 2013.
8.2 FY 2014 Budget Amendment and Appropriations.
8.3 Earlysville Volunteer Fire Company, Application to Operate as Advanced Life Support (ALS)
EMS Transport Agency.
8.4 Project Based Vouchers: The Crossings at 4th and Preston.
FOR INFORMATION:
8.5 December 2013 VDOT Charlottesville Residency Monthly Report for Albemarle County.
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8.6 Board-to-Board, December, 2013 Monthly Communications Report from School Board,
School Board Chairman.
8.7 Copy of letter dated November 15, 2013, from Francis H. MacCall, Principal Planner, to
Frank Pohl, re: LOD-2013-00022 – OFFICIAL DETERMINATION OF PARCEL OF RECORD, Tax
Map 56A1-01, Parcel 74 (property of John H. Jr., or Jennifer B. Hilker), White Hall Magisterial
District.
8.8 Copy of letter dated November 15, 2013, from Ronald L. Higgins, Chief of Zoning/Deputy
Zoning Administrator, to Evergreen 651 LLC (c/o Therese Elron) re: OFFICIAL DETERMINATION
OF PARCELS, Tax Map Parcel 059D1-02-0H-01400 (property of Evergreen 61 LLC), Samuel Miller
Magisterial District.
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COUNTY OF ALBEMARLE
EXECUTIVE SUMMARY
AGENDA TITLE:
FY 2014 Budget Amendment and Appropriations
SUBJECT/PROPOSAL/REQUEST:
Approval of Budget Amendment and Appropriation
#2014056, #2014058, #2014059, #2014060, #2014061,
#2014062 and #2013063 for various general government
and school division programs.
STAFF CONTACT(S):
Foley, Letteri, Davis, and Allshouse, L.
PRESENTER (S): N/A
LEGAL REVIEW: Yes
AGENDA DATE:
December 4, 2013
ACTION: INFORMATION:
CONSENT AGENDA:
ACTION: X INFORMATION:
ATTACHMENTS: Yes
REVIEWED BY:
BACKGROUND:
Virginia Code § 15.2-2507 provides 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; provided, however, any such amendment
which exceeds one percent 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 Self-Sustaining, etc.
The total increase to the FY 14 budget due to the appropriation itemized below is $2,269,586.64. A budget amendment
public hearing is not required because the amount of the cumulative appropriations does not exceed one percent of the
currently adopted budget.
STRATEGIC PLAN:
Mission: To enhance the well-being and quality of life for all citizens through the provision of the highest level of public
service consistent with the prudent use of public funds.
DISCUSSION:
This request involves the approval of seven (7) appropriations as follows:
One (1) appropriation (#2014056) to appropriate $1,838,127.52 to fund the initial debt service payment for the
Fall 2013 borrowing;
One (1) appropriation (#2014058) to allocate $60,000.00 from the Commonwealth’s Attorney fees fund to the
General Fund. This appropriation will not increase the total County budget;
One (1) appropriation (#2014059) to appropriate $461,318.55 for various school division programs;
One (1) appropriation (#2014060) for $(29,859.43) to revise the appropriation approved on August 7, 2013 for
the Emergency Communications Center;
One (1) appropriation (#2014061) to appropriate $718.00 from the Reserve for Contingencies to the Office of
Housing for an additional month of funding for Virginia Supportive Housing. This appropriation will not increase
the total County budget;
One (1) appropriation (#2014062) to appropriate $25,000.00 from the Church Road Basin Stormwater
Improvements project to the Western Albemarle Stormwater Improvements project. This appropriation will not
increase the total County budget; and
One (1) appropriation (#2013063) to appropriate $6,091.23 from the Reserve for Contingencies to the
Community Development Department for unanticipated insurance expenditures. This appropriation will not
increase the total County budget.
RECOMMENDATIONS:
Staff recommends approval of appropriations #2014056, #2014058, #2014059, #2014060, #2014061, #2014062, and
#2014063 for various school division and general government projects and programs as described in Attachment A.
ATTACHMENTS:
Attachment A – Appropriation Descriptions
Return to consent agenda
Return to regular agenda
Attachment A
Appropriation #2014056 $1,838,127.52
Source: CIP Fund Balance $ 1,838,127.52
This request is to appropriate $1,838,127.52 of the General Government CIP Fund Balance to fund the initial debt
service payment required for the fall 2013 borrowing. In previous fall bond issuances using the Virginia Public
School Authority (VPSA), the first debt service payment was due on July 1 of the next fiscal year. The fall 2013
bond issuance used revenue bonds issued by the County’s Economic Development Authority on the open market
because the funding was for both school projects and non- school projects. These types of borrowings require a
June 1 initial payment for funds that are borrowed in the fall. The payment includes $439,921.04 in principal and
interest for school division projects and $1,398,206.48 in principal and interest for general government projects.
Appropriation #2014058 $0.00
This appropriation will not increase the County Budget.
Source: CAO Commission Fund fund balance $ 60,000.00
General Fund fund balance $ -60,000.00
This request is to allocate $60,000.00 from the Commonwealth Attorney’s Commission Fund to the General Fund.
In 2010, the Commonwealth’s Attorney’s Office (CAO) began collecting delinquent fines and fees due for criminal
and traffic matters in the Circuit and General District Courts. This revenue is collected into the CAO Commission
Fund. At the June 6, 2012 meeting, the Board approved the CAO’s request that the County retain the revenue s
collected into this fund and fund a part-time attorney position in the CAO.
Appropriation #2014059 $461,318.55
Source: State Revenue $ 61,219.00
Computer Equipment Replacement Fund $ 400,099.55
This request is to appropriate the following School Division requests approved by the School Board on October 24,
2013 and on November 14, 2013:
Albemarle County Public Schools is requesting the appropriation of a grant that t otals $39,994.00 from the
2013-2014 School Security Equipment Grant Program. These funds will be used for the purchase and
installation of security cameras at Cale Elementary, Red Hill Elementary, Scottsville Elementary, Burley
Middle, Henley Middle, Jouett Middle, Sutherland Middle, Walton Middle, Albemarle High, Monticello High,
Murray High, and Western Albemarle High Schools.
Albemarle County Public Schools is requesting the appropriation of a state grant in the amount of
$21,225.00 for continued support of the Community Public Charter School for FY 14. These funds will be
used for curriculum development work for seven teachers, four artists in residence, a literacy specialist to
support unit development, support for the language arts teacher, technology/media support, art supplies,
and books for teachers and students.
Albemarle County Public Schools is requesting that $400,099.55 from their Computer Equipment
Replacement Fund FY 13 fund balance be appropriated for use in FY 14 to pay for networking equipment to
support services in the schools, equipment for digital studio at the middle and elementary level, and data
conversion costs associated with the school division Information Management System conversion. The
mission of the Computer Equipment Replacement Fund is to provide students and staff with reliable access
to technology and support its use in meaningful ways in support of the Division’s strategic plan.
Appropriation #2014060 ($29,859.43)
Source: ECC 800MHz Fund Balance $ ($29,859.43)
This request is to revise the re-appropriation request for the Emergency Communication Center’s 800 MHZ
Scottsville Augmentation Project that was approved on August 7, 2013.
This adjustment will revise the F Y14 appropriated budget for completion of the 800 MHZ Scottsville Augmentation
Project to $585,007.00 to update the FY14 project cost based on the timing of expenditures that took place in FY13.
Attachment A
The project is scheduled for completion this fall and will provide better coverage for radio system users in the Town of
Scottsville.
Appropriation #2014061 $0.00
This appropriation will not increase the County Budget.
Source: Reserve for Contingencies $ 718.00
This request is to appropriate $718.00 from the Reserve for Contingencies to the Office of Housing to provide an
additonal contribution to Virginia Supportive Housing for rental subsidies at The Crossings for six homeless persons
that would otherwise be funded through the federally-funded Housing Choice Voucher (HCV) Program. The Board
approved an appropriation at its September 4, 2013 meeting to provide a three-month extension (September through
November) for this funding and this additional appropriation will provide sufficient funding for the month of December
2013.
Once final approvals are received from the U.S. Department of Housing and Urban Development, and HCV vouchers
are issued, local funding will be discontinued. An update on the status of these approvals is provided in a separate
consent agenda item on the December 4, 2013 agenda.
Appropriation #2014062 $0.00
This appropriation will not increase the County Budget.
This request is to appropriate $25,000.00 from the previously appropriated Church Road Basin Stormwater
Management Project to the Western Albemarle High School Stormwater Management (WAHS SWM) Project for
construction of a biofilter to treat stormwater runoff from the driver’s education parking lot and to repair a portion of the
stormwater channel that is eroding behind the school.
Based on bids received for the WAHS SWM project, additional funding is needed for the base bid and additional items
that will stabilze the eroding stormwater channel and reduce sediment transfer from the the channel to downstream
natural resources (i.e. County streams). Based on a recently updated cost estimate for the Church Road Basin
project, funding is available to be realloc ated to the WAHS SWM project.
Appropriation #2014063 $0.00
This appropriation will not increase the County Budget.
Source: Reserve for Contingencies $ 6,091.23
This request is to appropriate $6,091.23 from the Reserve for Contingencies to the Commun ity Development
Department for unanticipated insurance expenditures. This is the deductible owed to VACORP under the County’s
VACORP insurance policy for the defense of the Redfield’s Zoning litigation. This appropriation will not increase the
total Count y budget.
Return to exec summary
COUNTY OF ALBEMARLE
EXECUTIVE SUMMARY
AGENDA TITLE:
Earlysville Volunteer Fire Company Application for
License to Operate as an Advanced Life Support EMS
Transport Agency
SUBJECT/PROPOSAL/REQUEST:
Resolution to endorse the Earlysville Volunteer Fire
Company’s application for license to operate as an
Advanced Life Support EMS Transport Agency
STAFF CONTACT(S):
Foley, Walker, Davis, Eggleston
PRESENTER (S): N/A
LEGAL REVIEW: Yes
AGENDA DATE:
December 4, 2013
ACTION: INFORMATION:
CONSENT AGENDA:
ACTION: X INFORMATION:
ATTACHMENTS: Yes
REVIEWED BY:
BACKGROUND:
In February 2013, Fire Rescue began providing emergency medical transport services out of the Earlysville Volunteer Fire
Company (EVFC) during weekday hours. The daytime career personnel assigned to the EVFC respond to calls by
dispatching either the fire engine or ambulance, depending on the type of call. Also in February 2013, the EVFC
established a goal to begin staffing the ambulance with volunteers during nights and weekends beginning in January 2014.
During the weekday hours when career Fire Rescue personnel are staffing the EVFC station, Advanced Life Support
(ALS) transport services are provided, as the Fire Rescue Department is licensed by the State to provide this level of
patient care. The EVFC is currently licensed by the State to provide non-transport first response services at the Basic Life
Support (BLS) level. Before the EVFC is allowed to begin staffing the ambulance on nights and weekends, it is required by
the State to upgrade its EMS license from non-transport to transport. The EVFC is applying for an ALS transport license,
and plans to provide ALS services when volunteer ALS staffing is available. When volunteer ALS staffing is not available,
the next closest ALS resource would be dispatched to supplement the BLS crew.
STRATEGIC PLAN:
Goal 5. Ensure the health and safety of the community
DISCUSSION:
Fire Rescue staff, members of the EVFC, and the operational medical director have been working together to support
the EVFC’s staffing initiative. An Emergency Medical Technician (EMT) course was held at the EVFC station, which
helped the EVFC increase the number of trained medical providers at its station. Staff and EVFC leadership are
negotiating a cooperative agreement that addresses quality management, EMS provider training, and release
processes.
There are multiple advantages to the citizens and visitors to Albemarle County if the EVFC upgrades its EMS license
and begins staffing the ambulance on nights and weekends, including the following:
1. Quicker ambulance response times to the Earlysville and surrounding areas.
2. Increased availability of a staffed ambulance for the EMS system.
3. An increase in the level of EMS service to the citizens of Albemarle County.
BUDGET IMPACT:
Staff does not expect any increases in the overall Fire Rescue budget because the Earlysville ambulance will replace
other existing resources. Staff will work with the EVFC to support expenses for fuel, supplies, insurance, and
maintenance.
RECOMMENDATIONS:
Staff recommends the Board adopt the attached Resolution endorsing the upgrade of the EVFC’s EMS License from
Basic Life Support Non-Transport to Advanced Life Support Transport (Attachment A).
ATTACHMENTS:
A – Resolution
Return to consent agenda
Return to regular agenda
RESOLUTION ENDORSING THE UPGRADE OF
THE EARLYSVILLE VOLUNTEER FIRE COMPANY’S
EMS LICENSE FROM BASIC LIFE SUPPORT NON-TRANSPORT
TO ADVANCED LIFE SUPPORT TRANSPORT
WHEREAS, County Fire and Rescue career personnel provide Advanced Life
Support (ALS) Transport services out of the Earlysville Volunteer Fire Company (EVFC)
station during weekday hours; and
WHEREAS, EVFC currently provides non-transport first response services at the
Basic Life Support (BLS) level out of the EVFC station during the evenings and weekends
and desires to provide ALS Transport services during those hours; and
WHEREAS, the EVFC desires to upgrade its Emergency Medical Services (EMS)
License from a BLS Non-Transport License to an ALS Transport License in order for its
volunteer members to provide ALS Transport services out of the EVFC station during the
evenings and weekends; and
WHEREAS, the ability of the EVFC to provide ALS Transport services would
advance the health, safety, and welfare of County residents and visitors.
NOW, THEREFORE, BE IT RESOLVED THAT the Board of Supervisors for the
County of Albemarle hereby endorses the upgrade of EVFC’s EMS License from a BLS Non-
Transport License to an ALS Transport License to provide ALS Transport services in the
County.
I, Ella W. Jordan, do hereby certify that the foregoing writing is a true, correct copy of
a Resolution duly adopted by the Board of Supervisors of Albemarle County, Virginia, by a
vote of _____ to _____, as recorded below, at a regular meeting held on
_________________________.
Return to exec summary
COUNTY OF ALBEMARLE
EXECUTIVE SUMMARY
AGENDA TITLE:
Project Based Vouchers: The Crossings at 4th and
Preston
SUBJECT/PROPOSAL/REQUEST:
Status Update of Project-based Voucher Approval
STAFF CONTACT(S):
Foley, Walker, Davis, and White
PRESENTER (S): N/A
LEGAL REVIEW: Yes
AGENDA DATE:
December 4, 2013
ACTION: INFORMATION:
CONSENT AGENDA:
ACTION: X INFORMATION:
ATTACHMENTS: Yes
REVIEWED BY:
BACKGROUND:
Staff has provided frequent updates to the Board on the status of the approval of nine project-based vouchers (PBVs) for
The Crossings at 4th and Preston, most recently on November 6, 2013. In that update, staff identified a number of
outstanding issues that were discussed with the U.S. Department of Housing and Urban Development (HUD) in a
conference call on September 6, 2013. One issue was the need for an Environmental Review to be conducted by HUD.
The County had provided results of radon testing conducted at The Crossings but had not received any correspondence
from HUD regarding the results or the status of the Environmental Review.
STRATEGIC PLAN:
Goal 5: Ensure the health and safety of the community.
DISCUSSION:
On November 4, 2013, the County received the attached letter from HUD approving the Environmental Review. The
letter further states that “HUD will proceed with consideration of both PHA’s waiver request which remain under
consideration at this time. Also HUD Headquarters will resume its review of required documentation constituting the
Subsidy Layering Review (SLR).” During the September 6 conference call, HUD had agreed to work on these reviews
while the Environmental Review was underway and let the PHAs (County and City) know if additional information or
clarification was needed. Having received no requests from HUD for additional information to date, the assumption is
that HUD has everything needed for the final approvals. However, it is possible that HUD could require additional
information as its review progresses. In addition, HUD has not provided any timeframe for the completion of its
reviews.
Given the fact that the Environmental Review has been approved and HUD has indicated that it is proceeding with the
other reviews, staff believes the County can expect approvals in the near future. As noted in the November 6 update,
the Board has appropriated sufficient funds to cover the assistance of six (6) residents at The Crossings through
November 2013 and is short $718 to cover the assistance for December. Staff recommends that an appropriation of
$718 be made to cover this shortage with the expectation that HUD will complete its reviews and authorize housing
voucher funding for January payments. This appropriation request is included in the FY 14 Appropriation agenda item,
also being presented to the Board for approval on December 4, 2013.
It is important to note that while staff thinks formal approval of the vouchers is forthcoming, HUD has not yet provided
the County with any specific timeframe for such approval and authorization for funding of these vouchers. According,
if formal HUD approval is not received, staff is prepared to bring this matter back to the Board in January for further
consideration. Staff continues to communicate with appropriate HUD officials and with Congressman Hurt’s office to
expedite federal approval of these housing vouchers. Total funding necessary to cover the assistance of six residents
at The Crossings for one month is $3,279.
BUDGET IMPACT:
Continuing to provide assistance to six families at The Crossings through December 2013 will require an appropriation
in the amount of $718 as described in Appropriation #2014061 on the December 4 FY 14 Appropriation Request.
AGENDA TITLE: Project Based Vouchers: The Crossings at 4th and Preston
December 4, 2013
Page 2
RECOMMENDATIONS:
Staff recommends that the Board approve continuing to support the six families at The Crossings by approving
Appropriation #2014061 on the December 4 FY 14 Appropriation Request.
ATTACHMENTS:
A – Letter from HUD
Return to consent agenda
Return to regular agenda
Page 1 of 4
Culpeper District
Albemarle County Monthly Report
December 2013
Preliminary Engineering
PROJECT LAST MILESTONE NEXT MILESTONE AD DATE
Route 53 Safety Project – Intersection
Improvements at Route 729 Right of Way Advertisement TBD
Route 616, Black Cat Road
Bridge Replacement over RR Design Public Hearing Right of Way –
November 2013 March 2014
Route 677, Broomley Road
Bridge Replacement over RR Design Public Hearing Right of Way –
September 2013 December 2014
Route 637, Dick Woods Road
Bridge Replacement over Ivy Creek Design Public Hearing Right of Way –
September 2013 December 2014
Route 29 Widening, Ashwood to
Hollymeade Town Center Preliminary Design Public Hearing December 2015
Route 250, Bridge replacement over
Little Ivy Creek Preliminary Design Public Hearing January 2018
Route 774, Bear Creek Road, Unpaved
Road -- Project Scoping –
2016 November 2019
Route 703, Pocket Lane, Unpaved
Road -- Project Scoping –
2016 November 2019
Route 643 – Reconstruction -- Project Scoping –
2015 --
Route 606 – Dickerson Rd. over North
Fork of Rivanna River -- Project Scoping January 2020
Route 29—Adaptive Signal System -- TBD TBD
CITY OF CHARLOTTESVILLE:
PROJECT LAST MILESTONE NEXT MILESTONE AD DATE
Best Buy Ramp Design Public Hearing Right of Way – Fall
2013 November 2014
Page 2 of 4
Construction Activities
Route 29 Bypass (FO)0029-002-844
Scope: Design and construction 6.2 miles of highway between Route 250 to north of South
Fork of the Rivanna River.
Next major milestone: Submit Environmental Assessment to FHWA
Contract Completion Date: September 16, 2016
Only activities authorized being performed to include IMR/Traffic Studies for northern and
southern termini. Additional NTP 1 activities have been authorized including limited non -
destructive geotechnical services in support of the EA Re-evaluation, surveying activities in
support of the EA Re-evaluation, and stream and wetland delineations. FHWA
communicated on October 7, 2013 that the Department will have to address Section 4(f) with
regards to the Sammons Homestead. Additional NTP 2 activities such as Final design, RW &
CN activities can be initiated after the Section 4(f). Citizen Information Meeting occurred on
May 23, 2013. Public Hearings to be scheduled at a later date.
McIntire Interchange 0250-104-103, PE101
Scope: Construct Interchange at McIntire Road and Rte 250
Next Major Milestone: Completion of Phase 1B
Traffic on US 250 has been shifted for Phase 1B construction. Water and sewer utility
installations are nearing completion, as all boring operations have been performed.
Construction for widening McIntire Road along C.A.R.S. facility has been started with
drainage structures, curb, subbase and asphalt placement. The D602 culvert work is
ongoing, as barrel is complete and wingwalls are under construction. Work is progressing
with D603 Box Culvert installation for Phase 1B on North side of US 250, as excavation and
bedding work has been performed and precast sections are scheduled to be installed week of
11/4/2013. The Rock Wall along Ramp 1 is being constructed.
Contract Completion date: July 2, 2015.
Project Construction started on March 4, 2013.
Guardrail Repair GR07-967-096, N501
Scope: Guardrail repairs – on call – District wide.
Next Major Milestone: Contract Renewal – 3nd term
Contract Completion date: July 1, 2014.
Ballards Mill Road 0671-002-6059 Delayed until June 2014
Scope: Superstructure replacement, State Forces.
Next Major Milestone: Road Closure, November 4th.
Proposed Completion: November 29, 2013
Route 708 Dry Bridge Road (NFO)0708-002-283, C501, B659
Scope: Replace bridge; reconstruct approaches, drainage and incidentals
Next Major Milestone: Road is closed. Bridge removal and commence with drainage work.
Contract Completion: 12-Sep-14
Page 3 of 4
I-64 Box Culvert Repair (NFO)BRDG-967-083, N501
Scope: I-64 at Ivy Creek Box Culvert Repair, Albemarle County
Next Major Milestone: Currently installing access road on north side. Next, install access
road on south side. Begin wingwall corrective work on north side.
Contract Completion: 20-Dec-13
Traffic Engineering Studies
Completed
Route 20, Stony Point Road @ Route 250, Richmond Road:
Intersection pavement marking review; Study completed; Pavement marking installation pending.
VDOT Study Number - 003-0250-20130301-006
Route 29, Seminole Trail and Route 649, Airport Rd:
Signing review; Study completed; Sign installation pending.
VDOT Study Number - 003-0029-20130403-010
Route 29, Monacan Trail Road @ Britts Mountain Hollow:
Signing review; Study completed; Sign installation pending.
VDOT Study Number - 003-0029-20130410-010
Route 151 Critzers Shop Road @ Route 803 Goodloe Road:
Signing review; Study completed; Sign installation pending.
VDOT Study Number - 003-0151-20130425-010
Route 250, Rockfish Gap Turnpike @ at Seven Oaks Farm (just east of Rt. 690):
Signing review; Study completed; Sign installation pending.
VDOT Study Number -003-0250-20130425-010
Route 611, Jarmans Gap Road:
Safety and signing review; Study completed; Installation completed.
VDOT Study Number - 003-0611-20130819-007
Route 689, Burch’s Creek Road:
Signing review; Study completed; Sign installation pending;
VDOT Study Number – 003-0689-20130910-010
Route 614, Garth Road:
Signing review; Study completed; Sign installation pending;
VDOT Study Number – 003-0614-20130910-010
Route 250 Rockfish Gap Turnpike @ Route 689 Burch’s Creek Road:
Safety study; Study completed; Sign relocation pending;
VDOT Study Number-- 003-0250-20131008-007
Route 664, Markwood Road:
Safety Review; Study completed; Marker installation pending.
VDOT Study Number—003-0664-20130822-007
Route 250, Richmond Road @ Route 22, Louisa Road:
Pavement marking review; Study completed; Pavement marking installation completed.
VDOT Study Number – 003-0250-20130923-006
Route 620, Rolling Road @ Route 618, Jefferson Mill Road/Martin King Road:
Safety review; Study completed; Brush clearing completed.
VDOT Study Number – 003-0250-20130923-006
Page 4 of 4
Under Review
Route 606, Dickerson Road @ Route 29, Seminole Trail:
Safety review; pending.
VDOT Study Number- 003-0606-20130819-007
Route 631, Old Lynchburg Road:
Safety Study; pending;
VDOT Study Number -- 003-0631-20131008-007
Route 810, White Hall Road @ Route 614, Garth Road:
Safety Study; pending;
VDOT Study Number-- 003-0810-20131016-007
Route 810, White Hall Road:
Guardrail study; pending;
VDOT Study Number-- 003-0810-20131101-003
Route 810, Brown’s Gap Turnpike:
Signing review; pending;
VDOT Study Number – 003-0810-20130910-010
Route 29, South of Plank Road:
Guardrail installation review for accident prone area
Maintenance Activities
VDOT Area Headquarters crews completed the following activities during the past month.
For specific route activities, please contact the Charlottesville Residency Office.
Mowing Completed on all primary routes and 39 secondary routes
Machining of non-hard surface roads has been completed on 34 secondary routes
Patching was performed on 1 primary routes and 14 secondary routes
Trimmed trees along 23 secondary routes
Culverts were replaced on 5 routes and cleaned on 18 secondary routes
Shoulders repaired on 4 secondary routes
All areas preparing equipment for emergency winter operations
Joel DeNunzio Virginia Department of Transportation
Charlottesville Residency Administrator 701 VDOT Way
Charlottesville, VA 22911
Board-to-Board
December, 2013
A monthly report from the Albemarle County School Board to the Albemarle County Board of Supervisors
New Policy on Class Ranking- The School Board voted to end the school division’s practice of ranking students
by academic achievement beginning with the 2014-2015 school year. This decision follows extensive discussions
with college admission officials across the county, meetings with parents and students and research that indicates
fewer than 50 percent of the high schools in the country still report to colleges the academic rank of their students.
One of the advantages of not reporting class rank this research revealed is that college admission officials will
evaluate students on a more holistic basis that includes course rigor, SAT scores, college essays and teacher
recommendations, leadership and outside activities. The division will continue to report class rank in special
circumstances such as supporting student applications for scholarships and honors and for applicants to the
service academies, which require class rank.
Agnor-Hurt Addition and Renovation Design—A preliminary proposal for the design of the Agnor-Hurt
Elementary School addition and renovation was approved by the School Board. The addition will add 132 seats
and include a Core Instruction Pavilion with opportunities for teachers to group students according to grade, SOL
content area, and multi-age capabilities and interests. Learning spaces will support sciences, interactive
communications and literacy curriculum, mathematics work, and project based learning. The addition will provide
flexibility for teachers to tailor the learning environment to allow for different configurations of learners and
content/curriculum interactions.
An Art Pavilion will be added to the other large, multifunctional areas – the Cafeteria and Gymnasium. Interior
renovations of the old administration area and art room create a dedicated space for the International Portal and a
new music room. Site improvements will include additional parking and a separate entrance and drop-off area for
buses. The final design will be approved in the spring, with construction to begin next summer and be complete
by the 2015-16 school year.
Legislative Priorities--Board priorities for the 2014 General Assembly session include student assessment reform,
which would decrease the number of SOL tests and provide more opportunities for performance tasks. The Board
also is supporting increases in Standards of Quality (SOQ) funding, multi-year projections of local contributions
to the Virginia Retirement System, and an adjustment in the local composite index calculation that reflects the
impact of the revenue-sharing agreement with Charlottesville City.
Golden Apple Nominations-- Nominations are now open for the 13th Annual Golden Apple Awards, a program
designed to honor outstanding teachers in public and private schools in Albemarle County and Charlottesville
City. Teachers in any discipline, at any grade level, are eligible. Nomination criteria include the ability to create a
love of learning among all students and raising student expectations for success. One winner is selected from each
school, and eight winners also will receive a $1,000 Golden Apple Grant, which can be used for classroom
materials or to support the recipient’s professional development. The Golden Apple Award program is sponsored
by Better Living Building Supply & Better Living Furniture.
Community Forum—The school division is joining with the police department, the Commonwealth Attorney’s
Office and Safe Schools/Healthy Students in a campaign to prevent sexting among students. The number of such
incidents in which students electronically distribute inappropriate pictures of themselves or other students, has
been increasing according to the police department. A Community Forum to increase public awareness of this
issue and educate parents on how to prevent sexting among their children was scheduled at Monticello High
School for December 2. The forum included panel members from each of the agencies described above and was
open to all parents and students in the county.
Grant Funds—Three division schools recently received $86,000 in grant funding. The division’s two charter
schools were awarded grant funds totaling $46,225 from the Virginia Department of Education. Murray High
School received a $25,000 grant which will support student access to learning and research opportunities that take
place outside of the classroom in support of the student’s end of year projects. The grant will also provide
professional development opportunities for teachers and staff. The $21,225 grant received by Community Public
Charter School will be used to enhance arts program offerings, including graphic and visual arts, and creative
programs such as metal-working and ceramics.
Separately, Woodbrook Elementary School has received a $40,000 grant from the Lastinger Family Foundation to
build an outdoor environmental learning center. Third grade students will work with the Green Adventure Project
to research, design and construct the center, which will multiply the school’s project-based learning opportunities.
Community Fund-Raiser—Monticello students raised more than $2,000 from an evening theater performance
for the family of a student at the school who lost their home due to a fire. Terri Allard was among the performers,
which also included students performing a one-act play that they wrote, faculty performances and a student-baked
cupcake auction during intermission.
School Board website: www.k12albemarle.org
Points of Interest
AIRPORT
COLLEGE/UNIVERSITY
COMMUNITY
FIRE/RESCUE STATION
GOVERNMENT
HOSPITAL
LIBRARY
POLICE STATION
POST OFFICE
RECREATION/TOURISM
SCHOOL
Parcel Info
Parcels
LOD 2013-022 056A1-01-00-07400
Map is for Display Purposes Only • Aerial Imagery from the Commonwealth of Virginia and Other Sources November 13, 2013
GIS-Web
Geographic Data Services
www.albemarle.org
(434) 296-5832
Legend
(Note: Some items on map may not appear in legend)
150 ft
COUNTY OF ALBEMARLE
EXECUTIVE SUMMARY
AGENDA TITLE:
FY 2012-2013 Comprehensive Annual Financial Report
(CAFR)
SUBJECT/PROPOSAL/REQUEST:
Acceptance of the FY 2012-2013 CAFR
STAFF CONTACT(S):
Foley, Letteri, Davis and Burrell
PRESENTER (S):
Robinson, Farmer, Cox Associates
LEGAL REVIEW: Yes
AGENDA DATE:
December 4, 2013
ACTION: X INFORMATION:
CONSENT AGENDA:
ACTION: INFORMATION:
ATTACHMENTS: Yes
REVIEWED BY:
BACKGROUND:
Every year the Board of Supervisors is presented a Comprehensive Annual Financial Report (CAFR) for its review and
acceptance.
DISCUSSION:
Attached for the Board’s review is the recently completed FY 2012-2013 CAFR. As in previous years, the Report
contains a detailed accounting of the County’s financial operations for the 2012-2013 fiscal year. Highlights of the
Report include:
The Transmittal Letter to the Board of Supervisors and the Citizens of Albemarle County (pages vii – xiii) that
provides a summary of the County’s geographic, demographic, economic, and financial features. It also
includes a discussion of current and future County initiatives.
The Independent Auditor’s Report (pages 1 – 2) that notes that the financial statements are “in conformity with
accounting principles generally accepted in the United States of America”.
The Management’s Discussion and Analysis (pages 3 – 14) that provides a summary of the County’s financial
activity for the fiscal year, including tables and graphs that accompany the summaries.
The remainder of the Report includes detailed information about the County’s financial activity for the fiscal year,
statistical tables providing historical economic and demographic information, and the outside auditor’s Compliance
Report.
The Report was presented to the County’s Audit Committee at its meeting on November 22, 2013 by Mr. David Foley
of the County’s external auditing firm of Robinson, Farmer, Cox Associates.
RECOMMENDATIONS:
Staff recommends that the Board accept the FY 2012-2013 Comprehensive Annual Financial Report.
ATTACHMENTS:
FY 2012-2013 Comprehensive Annual Financial Report (on file in Clerk’s Office)
Return to agenda
COUNTY OF ALBEMARLE
EXECUTIVE SUMMARY
AGENDA TITLE:
Economic Development Program
SUBJECT/PROPOSAL/REQUEST:
Establishment of an Ongoing Economic Development
Program
STAFF CONTACT(S):
Foley, Davis, Kamptner, Catlin, Stimart
PRESENTER (S): Lee Catlin
LEGAL REVIEW: Yes
AGENDA DATE:
December 4, 2013
ACTION: X INFORMATION:
CONSENT AGENDA:
ACTION: INFORMATION:
ATTACHMENTS: Yes
REVIEWED BY:
BACKGROUND:
On November 6, 2013, the Board considered staff’s recommendation regarding an ongoing Economic Development
Program for the County, including the establishment of an Economic Development Office. The Board directed staff to
proceed with the information gathering and education process set forth in the Recommendation but deferred approval of
the Economic Development Office until the FY15 Budget process in February/March, 2014. Based on a request from
Board members at the November 13 Board meeting, staff is bringing this matter back for further Board discussion and is
providing the information set out below to provide more clarity on the upcoming information gathering and evaluation
process.
STRATEGIC PLAN:
Goal 3 - Encourage a diverse and vibrant local economy
DISCUSSION:
The November 6 Executive Summary (Attachment A) outlined a Program concept and the staffing that would be
required to implement that concept. It is important to realize that the Program concept specifically identifies the
mission for the program as follows:
“To foster and encourage responsible economic development activities that enhance the county’s competitive
position and result in quality job creation and career employment opportunities, increased tax base and an
improved quality of life for all citizens while respecting Albemarle County’s natural resources and unique
character.”
The proposed concept establishes the County’s vision statement, the Economic Development Chapter of the
Comprehensive Plan, and the Economic Vitality Action Plan as overarching foundations for the proposed economic
development program. The Economic Vitality Action Plan preamble clearly states that “ This Action Plan is
intended to translate the purpose and goals of the Economic Development Policy into concrete and
measureable actions, being very mindful of the need to adhere to already established growth management
objectives and natural resource protections.”
Staff’s recommended information gathering and education process includes the following milestones:
December, 2013 – research peer communities and best practices for appropriate Program measures, expected
outcomes, etc.
outcome: staff will have more detailed comparison information to provide to the Board pursuant to its
request
January, 2014 - hold a joint work session with the Economic Development Authority (EDA) to review research results
and hear from outside expert(s) on current/future state of economic development best practices, including reasonable
expectations/measures, real estate development and site selection, etc.
outcome: attendees will gain a working knowledge of what efforts are necessary to achieve the goals of the
economic development program in a competitive environment and will develop a shared understanding of
economic development among key partners, such as the EDA, to establish the philosophical framework that
sets direction for the Economic Development Program, including desired measurements/outcomes.
AGENDA TITLE: Economic Development Program
December 4, 2013
Page 2
February, 2014 – hold a work session with public comment to review and revise the proposed Economic
Development Program framework, including a mission, guiding principles, components and high level goals
outcome: Board endorsement of preferred direction/framework for the Program with opportunity for public
feedback
Late February/early March, 2014 – review detailed cost information for establishing an independent Economic
Development Office as part of the budget process and approve Board –supported direction as part of adopting final
budget
outcome: approved budget for future direction of economic development effort
April/May, 2014 – If the Board directs staff to create an Economic Development Office, begin the hiring process and
set initial priorities and outcomes for the future Program
outcome: adopted priorities to guide initial work plan
July, 2014 – If the Board directs staff to create an Economic Development Office, hire an Economic Development
Director and administrative staff, transition the Economic Development Facilitator from the County Executive’s Office
to the new office, and refocus and transition the efforts of the existing Office of Community and Business Partnerships
outcome: team is in place for County’s future Economic Development Program
BUDGET IMPACT:
Staff estimates the cost to establish an Economic Development Office to be staffed by a new Director and a new
half-time administrative position would be approximately $160,000 annually in addition to the existing Economic
Development Facilitator position. Exact costs for the new office would be determined during the FY 15 annual
budget process, and funding, if approved, would become available on July 1, 2014.
RECOMMENDATIONS:
Staff recommends that the Board endorse the process outlined about for continued consideration of the establishment
of an Economic Development Program .
ATTACHMENTS:
A – November 6 Executive Summary
Return to agenda
COUNTY OF ALBEMARLE
EXECUTIVE SUMMARY
AGENDA TITLE:
Economic Development Program
SUBJECT/PROPOSAL/REQUEST:
Recommendation for Establishment of an Ongoing
Economic Development Program
STAFF CONTACT(S):
Foley, Davis, Kamptner, Catlin, Stimart
LEGAL REVIEW: Yes
AGENDA DATE:
November 6, 2013
ACTION: X INFORMATION:
CONSENT AGENDA:
ACTION: INFORMATION:
ATTACHMENTS: Yes
REVIEWED BY:
BACKGROUND:
On February 6, 2013, the Board received an update on the progress of Strategic Plan Goal 3 - Encourage a diverse and
vibrant local economy. Recognizing that the Economic Vitality Action Plan is a three year plan that will conclude in
September, 2013, the Board included an objective for that goal as follows: Objective 2 – Establish a fully functioning
economic development program for the County.
Staff shared a preliminary program concept with the Board on February 6, 2013 to solicit initial feedback and guidance
regarding the parameters for establishing a fully functioning economic development program. The Board supported the
general direction of the program concept that was presented and directed staff to convene a roundtable of community
stakeholders to provide additional feedback on the preliminary program outline. Based on that February 6th discussion,
funding to provide increased resources for economic development was incorporated into the FY13/14 Adopted Budget
with the understanding that a specific recommendation would come back to the Board for final approval.
STRATEGIC PLAN:
Goal 3 – Encourage a diverse and vibrant local economy
DISCUSSION:
Program Concept:
The economic vitality strategic goal team researched a variety of localities in Virginia to assess how their programs
operate and what services they offer. In addition, staff researched basic best practices as determined by the Virginia
Economic Development Partnership (VEDP) to understand what those practices recommend regarding the mission,
objectives and operations of an effective local government economic development program. A document entitled
“2013 – 14 Guidebook for Elected Officials” created by VEDP was consulted as part of this research and can be found
at the following link: http://www.vaallies.org/assets/files/publications/ed_handbook.pdf
Based on the team’s research, as well as existing County policies and the major elements of the County’s existing
Economic Vitality Action Plan, the team developed a draft program concept to establish an economic development
program that was shared with the Board in February and with community stakeholders at a roundtable attended by 15
participants in March, 2013. Attachment A is a revised version of the proposed economic development program
concept which incorporates feedback received during the March, 2013 roundtable. Highlights from the roundtable are
included below:
Suggested edits to the mission statement:
to enhance rather than maintain competitive position
to insert quality in front of “job creation”
to insert all in front of “citizens”
Suggested edits to the guiding principles – add language to stress:
Value of existing companies that anchor the County’s economy
Importance of developing talented workers
Focus on educational achievement/attainment; not just partnerships
Focus on being proactive – solution finders/relationship builders
AGENDA TITLE: Economic Development Program
November 6, 2013
Page 2
Importance of physical infrastructure sufficient to support economic vitality
Support for Department of Defense partnerships
Continue to remove barriers to development
Comments regarding Major Program Components – Business Attraction:
Several attendees expressed a preference for language that is stronger than just responding to inquiries of
interest in this section – identifying the need to initiate and cultivate business attraction for target industries
Staffing Implications:
Program comparison information from selected benchmark counties is provided in Attachment B to give insight into
the level of resources and types of incentives being dedicated to e conomic development in localities across the state.
While Albemarle does not aspire to replicate any specific economic development effort, adequate staffing resources
are required in order to maintain a competitive position with other Virginia localities.
An economic development program that addresses the attached guiding principles , provides the identified
components and allows Albemarle to achieve its vision of being a thriving county as related to economic vitality
requires an effective team approach that includes continuing community development department efforts, a refocus
on strategic partnerships, and establishing an office to focus on dedicated core functions of economic development.
Suggested roles and responsibilities for these three elements are outlined below:
Community Development Department – Continue focus on strategic land use planning, development review
processes, and regulatory reform across various functions of the Community Development Department.
Community Engagement and Strategic Partnerships - Refocusing the existing Office of Community and Business
Partnerships to increase efforts related to communications/marketing, tourism/agritourism, and public outreach and
engagement efforts which have grown considerably over the past several years with the expansion of Citizen Advisory
Committees throughout the County. In addition to these more traditional functions, the office will provide leadership in
leveraging new and existing partnerships that create opportunities to enhance community vitality and address the
County’s strategic priorities and challenges, to include:
Enhanced partnerships with UVA, the City, PVCC, neighborhood organizations, etc .;
Promoting citizen ownership of community challenges (Strategic Plan goal #6);
Promoting and facilitating community volunteer efforts
Economic Development - Establish an Economic Development Office to focus on core functions of economic
development not currently being adequately addressed. This office would consist of a Director, an Economic
Development Facilitator (relocated from the County Executive’s Office), and a half-time administrative staff. This
office would be responsible for existing business retention and expansion, business attraction, workforce development
and other core functions, with particular emphasis on:
Overseeing product development (sites and buildings) for target industries and prospect readiness to
encourage start-ups, existing business expansions and business relocations ;
Establishing and managing internal and external prospect response teams;
Identifying appropriate target industry prospects, initiating and following up on contacts;
Developing partnerships with local business and real estate interests to leverage resources to attract target
industries;
Serving as the County’s liaison to the Albemarle County Economic Development Authority (EDA), including
responsibility for the EDA’s budget development and the oversight of EDA-related financing arrangements;
and
Implementing an expanded Albemarle Business First outreach program and other business retention and
expansion initiatives.
Next Steps:
In order to establish an economic development program as described above, the following next steps are
recommended:
Beginning in early 2014 for a period of three to four months, staff will work with the Board on a variety of
efforts to prepare for the transition to an independent Office of Economic Development , including developing
a broader understanding of current and emerging realities of economic development and the needs of the
AGENDA TITLE: Economic Development Program
November 6, 2013
Page 3
County’s target industries; gaining working knowledge of what efforts are necessary to achieve robust
economic health in a competitive environment; and developing the shared responsibility of economic
development among key partners such as the EDA and the Planning Commission to establish the
philosophical framework that sets direction for the economic development program , including desired
measurements/outcomes. These efforts would include:
Holding a series of joint work sessions to provide insights and experiences from experts in various
areas of economic development.
Planning site visits or other learning opportunities to observe how economic development initiatives
are succeeding in other communities.
Establish a new Economic Development Office by July 1, 2014, which would involve:
Hiring an Economic Development Director and administrative staff
Transitioning the Economic Development Facilitator from the County Executive’s Office to the new
office
Refocus and transition the efforts of the existing Office of Community and Business Partnerships
Efforts begun during the Economic Vitality Action Plan to advance the five identified goals will continue during
this period with existing staff in their current roles, with particular focus on continued positive business image
and climate initiatives, workforce readiness, marketing, existing business retention, target market analysis,
and agribusiness support. The $50,000 in funding for establishing an economic development program
provided in the adopted FY 14 budget could be used beginning in January, 2014 to support targeted
economic development functions during the transition period with the Board of Supervisors prior to the
establishment of the new Economic Development Office in July, 2014.
BUDGET IMPACT:
Staff estimates the cost to establish an Economic Development Office to be staffed by a new Director and a new half-
time administrative position would be approximately $160,000 annually in addition to the existing Economic
Development Facilitator position. Exact costs for the new office would be determined during the FY 15 annual budget
process, and funding would become available on July 1, 2014.
RECOMMENDATIONS:
Staff recommends that the Board endorse the economic development program as proposed and direct staff to
proceed with the next steps as described above.
ATTACHMENTS:
Attachment A – Economic Development Program Outline
Attachment B – Comparison Information from Benchmark Communities
Return to Dec 4 exec summary
1 | P a g e
County of Albemarle
Establishing An Economic Development Function for Albemarle County
Background:
Albemarle County’s economic development efforts have been guided by a three year Economic Vitality
Action Plan adopted by the Board of Supervisors in August, 2010, which outlines five goals and related
strategies and actions. The Board’s recently adopted Strategic Plan recognizes the need to transition
from this Plan which will end in September, 2013, to an established economic development function
that operates as a regular and ongoing operation of County government. The Strategic Plan
incorporates the following goal and objectives:
Encourage a diverse and vibrant local economy
a. Complete all objectives of last two years of the Economic Vitality Action Plan.
b. Establish fully functioning economic development program for the County.
c. Assess and implement appropriate incentive options to support economic development in the
County.
Contributing Policies/Documents:
Existing county policies and documents provide an overarching structure and parameters to help define
how an economic development function should operate:
County’s Vision Statement:
A thriving County, anchored by a strong economy and excellent education system, that honors its rural
heritage, scenic beauty and natural and historic resources while fostering attractive and vibrant
communities.
Comprehensive Plan Economic Development Policy:
“The purpose of this economic development policy is, first and foremost, to provide the local citizenry an
improved standard of living and enhanced quality of life. Economic growth and vitality are required to
sustain and enhance the human economic, cultural, and natural characteristics of our community. By
creating and sustaining a high quality, diversified economic environment, citizens will enjoy improved job
opportunities, competitive wages, work force development opportunities, and the community will enjoy
a growing and diversified tax base.”
Economic Vitality Action Plan Preamble:
“The Economic Development Policy of the County’s Comprehensive Plan has a stated purpose to “provide
the local citizenry an improved standard of living and enhanced quality of life.” This Action Plan is
intended to translate the purpose and goals of the Economic Development Policy into concrete and
measureable actions, being very mindful of the need to adhere to already established growth
management objectives and natural resource protections. While this Plan is focused on accomplishing
specific action items within the next three years, the County recognizes the need for a long term
commitment to economic vitality. This Plan is intended to establish a sustainable pathway for the long
term health of our local economy.”
2 | P a g e
County of Albemarle
Target Industry Study:
The Central Virginia Partnership for Economic Development directed consultant work on a Target
Industry Study for its member jurisdictions, including Albemarle County, which was completed in April,
2012. This study identifies types of industries that have the strongest potential to succeed and offer the
best prospects for "good jobs," meaning jobs that offer a higher quality of life (security, higher wages,
opportunities for advancement, training, flexibility), both in our larger region and specifically in
Albemarle County. The Board of Supervisors endorsed the targets recommended for Albemarle County in
May, 2012.
Program Definition:
Several defining elements are important in establishing the broad outlines of the County’s economic
development function:
Draft Albemarle County Economic Development Mission:
To foster and encourage responsible economic development activities that enhance the county’s
competitive position and result in quality job creation and career employment opportunities, increased
tax base and an improved quality of life for all citizens while respecting Albemarle County’s natural
resources and unique character.
Albemarle County Economic Development Guiding Principles:
Economic Diversity: Provide a diverse and vibrant economy that offers a broad range of job
opportunities across the full spectrum of skill levels while supporting the delivery of high quality
government services to our residents.
Respect for Heritage and Environment: Promote a quality of life that embraces our heritage,
preserves the environment and effectively manages and protects resources based on guidance
provided by the Comprehensive Plan.
Organizational Collaboration: Collaborate on all levels (local, region, and state) to maximize the
economic opportunities for the area in a cost-effective manner including close partnership with
the City of Charlottesville and the University of Virginia.
Entrepreneurship: Create an environment that encourages, values and supports
entrepreneurship and fosters collaboration and a vibrant, creative community.
Organic Growth: Build value from within by supporting those businesses or assets who have
been a contributor to our community, with special focus on valuing existing businesses that
anchor our economy including the defense industry.
Build Awareness of Local Opportunities: Build a strong level of awareness amongst students
and young adults of the availability of local career and economic opportunities that keep young
people here in our community and support efforts that build a skilled and talented workforce.
Educational Achievement and Partnership: Recognize and support the strength of our local
educational institutions and promote lifelong learning opportunities.
Leverage Intellectual Capital: Strengthen and diversify Albemarle’s economy by leveraging our
intellectual capital to promote expansion of business interests to attract investment and
enhance the livability of our community (and not detract from it).
3 | P a g e
County of Albemarle
Support Critical Infrastructure: Support social infrastructure through business offerings that
recognize family, educational and cultural needs and that help people be successful and
productive employees and encourage physical infrastructure that supports the County’s desired
economic development activity.
Results Orientation: - Focus on being proactive and results oriented, with special emphasis on
seeking productive solutions and building positive relationships with state, local and community
stakeholders.
Target Industries:
The list of target sectors is a list of optimal targets and should not be considered to exclude related
sectors. It is critical to emphasize that the Target Industry Study supports the cultivation and nurturing
of existing businesses and considers employment of current residents as its most important outcome.
The targets were selected based on available workforce, alignment with community preferences, and
growth potential as well as strong multiplier effects that create jobs across a broad spectrum of skill
sets.
The recommended target industries are:
Bioscience and Medical Devices
Business & Financial Services
Information Technology and Defense & Security
Agribusiness and Food Processing
Complementary targets are:
Health Services
Arts, Design and Sports & media
Major Program Components:
In order to achieve the stated mission and guiding principles, the following program components would
comprise an established, ongoing economic development function for Albemarle County. Many of these
components are underway to some extent based on the goals and objectives of the Economic Vitality
Action Plan, so the current status of the efforts is described as are potential future directions that would
establish a program that is more comparable to the majority of our benchmark communities. Priority
should be given to ensuring that these components support the County’s strategic focus on target
industries:
Existing Business Retention/Expansion
Description/Rationale:
The purpose of an existing business retention, expansion and assistance program, the heart of successful
economic development, is to promote, retain and expedite the profitable growth of targeted existing
businesses. A healthy and vibrant local economy depends on the well-being of a community's existing
firms, and a comprehensive business retention, expansion and assistance program gathers information
and develops plans to help the county better support job retention, job creation, and increased
investment in the community. A proactive and aggressive contact and visitation program is integral,
along with focused activities to encourage engagement and information sharing.
Current Status:
4 | P a g e
County of Albemarle
Albemarle’s Business First program targets 100 visitations annually
Coordination with Department of Business Assistance and other local partners
Target industry sector roundtables – initial focus on biotechnology companies for the first year
Potential Future Direction:
More aggressive visitation schedule to reach out in a timely manner to our 1500 identified
business targets
Analysis and reporting of existing business trends and issues with specific follow up action plans
developed
A specific focus on critical and/or challenged industries – i.e. defense industry/federal
contractors
Additional engagement activities with existing businesses , particularly target industries, to
support their expansion and keep them anchored in our community
New Business Start ups
Description/Rationale:
The economic development program should help create an environment conducive to the start up and
growth of new business ventures, working with community partners to develop a strong and vibrant
entrepreneurial ecosystem. Efforts should focus on helping prospective entrepreneurs and investors
access resources for available business support resources and on helping new ventures grow into long-
term, viable, competitive businesses in the Albemarle County community, including leveraging
technology transfer/commercialization possibilities associated with UVA. Support services should help
potential new business ventures consider appropriate sites, navigate the county’s approval and
permitting processes and access appropriate incentive programs.
Current Status:
Single point of contact program to assist small businesses unfamiliar with our processes
Training opportunities and regular drop in hours to consult with economic development staff
Relationships with the Charlottesville Business Innovation Council, the UVA Office of Innovation
and VA Bio among others that help connect the County with the entrepreneurial community
Potential Future Direction:
More focused partnership with UVA, including entities like the School of Engineering, to
leverage technology transfer/commercialization possibilities and build the entrepreneurial
ecosystem
More proactive approach in helping businesses take advantage of grant programs and state and
federal financing opportunities available to startups
Business Attraction
Description/Rationale:
Primary leadership for business attraction/ lead generation activities lies with our regional partner, the
Thomas Jefferson Partnership for Economic Development, and at the state level with the Virginia
Economic Development Partnership. The County should be well prepared to respond to inquiries of
interest referred by state and regional partners as well as to inquiries that come directly to Albemarle
staff, and initiate recruitment possibilities that align with our target industries. The County should be
an effective single point of contact for business development information, providing data relevant to
business location decisions including economic indicators, workforce information, industrial and
5 | P a g e
County of Albemarle
commercial real estate information, development review processes and customized business
development data. This requires a close alliance with the City of Charlottesville and University of
Virginia to highlight our shared attributes for targeted industries.
Current Status:
Respond to inquiries that come to us directly or that are forwarded to the County by TJPED and
VEDP
Continued updating of our website
Potential Future Direction:
Oversee product development (sites and buildings) and prospect readiness to encourage start
ups, existing business expansions and business relocations.
Establish and manage internal and external prospect response teams.
Identify appropriate prospects, initiate and follow up on contacts, and market our area to target
industries.
Identification of potential new markets to keep pace with the transitioning Virginia economy,
i.e. international trade opportunities
Workforce Development
Description/Rationale:
Workforce development and the cultivation of a skilled and motivated labor force is a critical
component of economic development for the County. A robust knowledge-based economy is emerging
in Albemarle, building on our target industry sectors and driven by ideas, services and innovation. In
addition, the County is anxious to support employment in our many basic industries and businesses. In
order to compete in this fast paced workplace, and ensure continued profitability for our employers,
Albemarle County must continually build a skilled workforce through lifelong learning and worker
training. County economic development must work closely with education and other community
partners to ensure that the continuously evolving Albemarle County workforce is competitive on a
global scale. Quality education at all levels and specialized training and retraining prepares individuals
for better careers and personal enrichment, provides employers with on-demand availability of skilled
workers, and supplies industry with a steady pipeline of talent development.
Current Status:
Active involvement in the Piedmont Workforce Network
Engagement with education partners at the secondary and post-secondary levels
Potential Future Direction:
Support workforce training programs (in partnership with PVCC, Workforce Training Center,
UVA and the County school system) tied to target enterprises or key sectors that build
employment pipelines for a full spectrum of skill levels
Agribusiness
Description/Rationale:
Because of Albemarle’s heritage and emergence as a major local producer within the regional food
network, economic development efforts to enhance the agricultural sector by assisting both new and
6 | P a g e
County of Albemarle
existing agri-businesses are critical. Agribusiness has been identified as a target industry for Albemarle,
and the success of this industry depends on presenting the County as an attractive, viable region for
agriculture and value-added product opportunities and for the tourism value these types of businesses
create. The protection of the County’s rural areas requires that these economic development
opportunities do not harm the essential nature and important natural resources of rural Albemarle.
Current Status:
Work with partners like Food Hub, Piedmont Environmental Council, Monticello Wine Trail and
others to expand visibility of local products and agritourism venues
Cosponsor programs like the Agribusiness Marketing Conference and Monticello Artisans Trail to
help build customer base and business profitability
Potential Future Direction:
Leverage state and federal grant opportunities to support agricultural and forestal industry
Actively market local products and promote/assist start up business ventures that support
agricultural industry
Build on our community’s visibility and reputation for quality local products to develop
successful agricultural business ventures
Economic Development Authority (EDA) Liaison
Description/Rationale:
Recent changes to the EDA’s Rules and Regulations established a fee arrangement that will generate
some level of ongoing funding for economic development . The need to develop, implement and
monitor EDA funding initiatives will create a new economic development responsibility for County staff.
Current Status:
Meeting with EDA when required for project consultation
Potential Future Direction:
Working actively with the EDA to identify appropriate funding initiatives, develop and monitor
the annual EDA budget, and assist with program development and implementation
City/County Comparing Economic Development Programs- Virginia
Fauquier County Staffing/Structure – The Office of Economic Development consists of 4 members: Director, Business Coordinator, Tourism
Coordinator and administrative assistant
Target Industries – none listed
Hanover County Staffing/Structure – The Office of Economic Development consists of 5 members : director, deputy director, existing business
manager, marketing analyst and administrative assistant
Incentives – economic development zones, fast track review
Henrico County Staffing/Structure - The Economic Development team consists of 7 members including; Executive Director, Administrative
Director, Director of Marketing, Research Coordinator, Marketing Representative, Administrative Assistant, and Executive
Assistant.
Target Industries - Corporate and Regional Headquarters, Leading Edge Technology-Oriented Companies, Advanced
Manufacturing, Back Office Operation (Data Centers, Call Centers), Life Sciences, Securities and Financial Services.
Incentives-
Infrastructure Improvement Incentives including utility extensions, connection fees, and road access.
Enterprise Zones
Henrico has 2 enterprise zones; West Broad Street Zone and Nine Mile Road Sub-Zone, East/Central.
Local incentives include Architectural Design Assistance, Building Façade Grants, Paving Grant, Landscaping
Grant, Building Demolition Grant, Off-Site Improvement Grants (drainage, water, sewer system), and
Rehabilitation Real Estate Tax Exemptions.
Foreign Trade Zone #207
James City County Staffing/Structure - The Office of Economic Development consists of 4 members; Economic Development Director, Economic
Development Assistant Director, Business Development and Retention Coordinator, Economic Development Assistant.
Target Industries - Not Listed
Incentives-
Enterprise Zone
Local Incentives include the Economic Development Authority of James City Grants, Improvement Fee Waivers,
Sewer Transmission Fee Reduction, Use of Process Water, Job Incentives, and EDA Fee Waiver.
State incentives include job grants and real property investment grants.
James City County Business & Technology Incubator (JCCBTI)- Program designed to ensure the success of businesses and
accelerate growth.
Tourism Zone Ordinance
Zone boundaries include all of James City.
A tourism business is defined as a business whose primary purpose is to provide tourism products, processes or
related services, and establish a desirable destination to attract tourists from outside the community.
Incentives like reduced development fees, BPOL grant, Business Tangible Personal Property grant, and
expedited review process are offered to new and old businesses for up to two 5-year incentive periods.
Loudoun County Staffing/Structure – The economic development team consists of 18 full time staff divided between Office of Economic
Development (Commercial Development)and Office of Rural Economic Development
Target Industries
Loudon County Office of Rural Economic Development
Agriculture, Horticulture, and Animal Husbandry
Tourism
Business (including retail, service, and light manufacturing and assembly establishments)
Loudon County Office of Economic Development
Information Communication Technology (ICT)
Data Centers
Federal Government Contractors (FGC)/Aerospace
Cargo/Freight Forwarders
Life & Health Services
Incentives-
Loudon County Office of Economic Development
Targeted Tax Incentives for Aerospace/Information & Communications Technology
State Incentive Packages
Governor’s Opportunity Fund
The New Jobs Program
The Small Business New Jobs Program
Sales and Use Tax Exemptions
Montgomery County Staffing/Structure - The Department of Economic Development consists of four staff members: a Director, a Program Manager
for Existing Industries, a Program Manager for Business Development and Marketing, and an administrative support staff
Target Industries -Information Technology, Materials & Chemistry, Biotechnology & Life Sciences, Advanced Manufacturing,
Research & Development, and Defense Technologies.
Incentives-
Local Economic Development Grant
To be qualified for the grant expanding or new businesses must fall under one of the county’s target industries
and maintain above average wage jobs.
Grant amounts are based on the percentage of new taxes paid on new investment (land, building, machinery
and tools of business personal property) for up to 10 years.
MCEDA Industrial Revenue Bonds
MBC Revolving Loan Fund
Prince William County Staffing/Structure - The Office of Economic Development consists of ten staff members: Executive Director, 2 Business
Development Managers, Management and Fiscal Analyst, Communication Manager/Departmental Spokesperson; Director of
Marketing and Research; Director of Existing Business; 3 administrative support staff
Target Industries – data centers and IT companies, biotech and life sciences companies, government contractors and facilities,
corporate facilities, high technology firms
Incentives – fast track permitting, economic development opportunity fund, hub zones
City of Charlottesville Staffing/Structure - The Office of Economic Development consists of four staff members; director of economic development, 2
economic development specialists, and an office administrator.
Target Industries - Bioscience and Medical Devices, Information Technology and Defense & Security, Business & Financial
Services, and Health Services and Arts, Design, Sports & Media (complementary target).
Incentives-
o Technology Zone
A qualified technology business may receive a rebate on any license fee provided that the gross receipts are
$50,000 or less and a 50% tax reduction provided that the gross receipts are more than $50,000.
o Hub Zone
Incentive program encourages economic development in historically underutilized/distressed areas through the
establishment of preference for small businesses seeking federal contracting opportunities.
Businesses must receive Hub Zone Certification from the U.S. Small Business Administration to qualify for
incentives. Requirements include being a small business by SBA standards, owned/controlled at least 51% by
U.S. citizens/community development corporation/agriculture cooperative/Indian tribe, the business principle
office must be located in a historically underutilized business zone, and at least 35% of its employees must
reside in a Hub Zone.
Roanoke County Staffing/Structure - The Department of Economic Development consists of 4 staff members; Director, Manager Existing
Business Program, Economic Development Specialist, and Administrative Assistant.
Target Industries - None Listed
Incentives-
o Foreign Trade Zone
o Typically, Roanoke County offers incentives on a case by case basis but packages may include; utility
extension/connection fee consideration, site preparation assistance, site acquisition assistance, and public private
partnership fund.
Spotsylvania County Staffing/structure – The Department of Economic Development consists of 6 staff members : Director, Deputy Director,
Business Assistance Manager, Tourism Manager, Economic Development Specialist, Administrative Assistant
Target industries
Incentives – technology zones, tourism zones, target industry review process
Staunton, Virginia Staffing/Structure - The Economic Development Department consists of three staff members; a director, assistant director, and
administrative assistant.
Target Industries - Research, value-added/agriculture-based business, health/biosciences, advanced manufacturing, performing
and visual arts, information technology, engineering, architecture, marketing, media, and other professional services.
Incentives-
o Enterprise Zone
o Special tax breaks and financial incentives available at the state/local level.
COUNTY OF ALBEMARLE
EXECUTIVE SUMMARY
AGENDA TITLE:
Charlottesville Albemarle Convention and Visitors
Bureau (CACVB) 2013 Annual Report
SUBJECT/PROPOSAL/REQUEST:
FY13 Report on Return on Investment for the CACVB
STAFF CONTACT(S):
Foley, Davis, Catlin
PRESENTER (S):
Kurt Burkhart, Executive Director of CACVB
LEGAL REVIEW: Yes
AGENDA DATE:
December 4, 2013
ACTION: INFORMATION: X
CONSENT AGENDA:
ACTION: INFORMATION:
ATTACHMENTS: Yes
REVIEWED BY:
BACKGROUND:
The Charlottesville Albemarle Convention and Visitors Bureau (CACVB) is required to present an annual report to the
Board of Supervisors regarding the CACVB’s Return on Investment as specified in the Charlottesville Albemarle
Agreement for Operation of a Joint Convention and Visitors Bureau between the County and the City dated July 1, 2004.
STRATEGIC PLAN:
Goal 3. Encourage a diverse and vibrant local economy
DISCUSSION:
CACVB’s full FY 13 Annual Report is attached (Attachment A). CACVB Executive Director Kurt Burkhart will be
present at the Board meeting to present highlights from the Report.
BUDGET IMPACT:
There is no budget impact related to this item.
RECOMMENDATIONS:
This item is for information and no action is required by the Board.
ATTACHMENTS:
A – CACVB FY13 Annual Report
Return to agenda
MEMORANDUM
To: Albemarle County Board of Supervisors
From: Gary O’Connell, Executive Director
Date: November 25, 2013
Re: Albemarle County Service Authority (ACSA) Quarterly Briefing
cc: ACSA Board of Directors, Mr. Tom Foley, County Executive
We look forward to the opportunity to update the Board of Supervisors at
your December 4th meeting. Below are some updates since our last briefing in
August:
1. Capital Projects – We have over $6 million in capital projects
underway this budget year. Below is a quick summary of the current
status of several of these projects:
Western Ridge – Foxchase Water Connection – A new waterline
for Crozet that interconnects two isolated parts of the system to
improve water quality and emergency redundancy. Finalizing
easements to be ready to go to bid on December 15th.
Key West Water Main Replacement – Design completed,
finalizing property owner agreements and easements. Spring
bidding if all property agreements completed.
St. George Avenue – Buck Road Water Main Replacement –
Construction of new line and water services have been switched
over on St. George Avenue and St. George Street. Buck Road
waterline has been replaced and new services being connected.
The new water main along Crozet Avenue is 100% complete;
services being switched over.
Ashcroft Water Improvements – Waterline replacement and new
10,000 gallon tank now in service. Another phase in Ashcroft is a
replacement water pump station to better serve the area, final
design being reviewed.
Michie Tavern Water Main Replacement – New project to replace
a 70 year old waterline that recently failed, and we continue to have
an increasing number of leaks. This line crosses under I-64, goes
through the UVa Foundation property and onto Michie Tavern.
Crozet Water Main Replacement Phase 2 – This part of a several
phased program to replace aging Crozet waterlines, in this case the
lines in the McCauley Street, Tabor and Hilltop neighborhoods .
Project delayed moving forward to bid until all easements have
been acquired.
Glenmore Water Tank – Land use agreements have been
completed. Design is underway for this water ground storage tank
for emergency redundancy.
Ivy Road – Flordon Water Connection – Another of our water
system interconnects for emergency redundancy. Recent
neighborhood meeting held on this project for which the design is
nearing completion.
Ednam Water Pump Station Upgrade – Another of the West
Leigh area redundancy projects to upgrade the existing pump
station to increase capacity.
Hardware Street Water Main Replacement – Work has been
completed and the new water main is in service and providing
water to downtown Scottsville. Storm sewer work in the ball field
has been completed.
Woodbrook Sewer Rehabilitation – Work mostly complete to
rehabilitate and repair existing sanitary sewer lines and manholes,
and some pipe replacement. This part of the ACSA efforts to
remove infiltration and inflow (I/I – groundwater, rainwater) from our
system to prevent sanitary sewer overflows.
Ednam Sewer System Study – An evaluation study to identify
needed system improvements on rehabilitation. Initial field work for
the study has begun.
Jackson Street (Scottsville) Water Main Replacement –
Finalizing easements on this waterline project to replace an
undersized water main and relocate the new line away from a
church building.
Hollymead Water Main Replacement – A multi-phased waterline
replacement program nearing completion with recent completion
along Derby Lane, and installation started on Maiden Lane.
2. Budget – Budget, rates, and Capital Improvement Program
development underway for presentation to the ACSA Board in April.
3. Rate Study – As part of the Strategic Plan, every five years the ACSA
has an outside utility financial consultant review the rates. We recently
contracted with the Municipal Financial Services Group (MFSG) to
conduct the study. A workshop with the Board is scheduled for late
February. The study will include review of all ACSA rate policies,
including monthly user rate and new connection fees; determining cost
of service; review financial rate models with recommendation; review
the methodology and calculation of the ACSA connection fee (for new
development; growth paying for growth philosophy and method); and
Financial Policy review.
4. 2014 – 50th Anniversary – In April 2014, the ACSA celebrates its 50th
anniversary of providing water and sewer services to the 17,000
customers we have in Urban Albemarle, Crozet and Scottsville .
Thanks for the continuing opportunity to update the Board of Supervisors
and the community.
GBO/dbh
010202QuarterlyBriefingMemo112513
Rivanna Water & Sewer Authority
Rivanna Solid Waste Authority
695 Moores Creek Lane
Charlottesville, Virginia 22902-9016
434.977.2970 • 434.293.8858 Fax
www.rivanna.org
MEMORANDUM
TO: THE HONORABLE ALBEMARLE COUNTY SUPERVISORS
THE HONORABLE MAYOR AND CITY COUNCIL
FROM: THOMAS L. FREDERICK, EXECUTIVE DIRECTOR
RIVANNA WATER & SEWER AUTHORITY
RIVANNA SOLID WASTE AUTHORITY
SUBJECT: QUARTERLY UPDATE
DATE: DECEMBER 4, 2013
I am scheduled to provide a quarterly briefing to the Board of Supervisors and the City Council in
December 2013. I plan to cover the following topics, but would be happy to address any other
issues brought forward by the elected officials:
1. Water Treatment Plant Granular Activated Carbon Improvements: The Hybrid GAC
option was introduced to the RWSA Board at its September 24, 2013 meeting by our
engineering consultants, who also published their report at that time. The study involved
developing an extensive computer model to assure that the Hybrid alternatives evaluated
would consistently meet EPA Stage 2 requirements even with seasonal and year-to-year
fluctuations in source water (reservoir) quality, which is weather related. Staff’s
recommended Hybrid option is projected to cost $17.3 million to design and build, and
would provide GAC capacities of 9 MGD at South Fork WTP, 3 MGD at Observatory
WTP and 2 MGD at North Fork WTP. This capacity is capable of adding GAC
treatment as an add-on process to all conventionally treated water except during periods
of peak demand, when some treated water could by-pass GAC and be blended with GAC
treated water. The cost of developing GAC “full-scale” is $19.5 million. A total of
twelve local citizens attended an Open House on October 14. Presentations were made
to the City Council and ACSA Board during the week of November 18 with most
members of the two boards favoring the Hybrid option. The RWSA Board will meet
December 17 to make a final decision.
2. Strategic Planning: The RWSA and RSWA held a joint retreat on Wednesday, October
30, 2013 during which ground work was established to initiate a strategic planning
process, including a “State of the Authorities” review by the Executive Director. Since
that date the Executive Director has met individually with each Board member and
identified a broad consensus to develop a facilitated strategic plan for the Rivanna
Authorities in 2014. Work is expected to begin in early 2014 and is expected to be a six
to eight month process. Feedback from the elected officials as well as the public will be
solicited early to understand their interests in the future direction of the organization.
2
3. Capital Improvement Plan: RWSA will hold a workshop with the Board on a new 5-
Year Capital Improvement Plan on December 17, with plan adoption scheduled for early
2014. With several significant improvements now completed or nearly completed on the
wastewater side, the largest focus in the next five years will be on the drinking water.
This will include the Granular Activated Carbon addition as well as strategic
rehabilitations at the water treatment facilities. All water treatment facilities were built
before 1970, and limited funding has been invested in updating these facilities since they
were initially built. For the Urban plants, planned rehabilitation is based upon a
thorough engineering needs assessment of each plant recently conducted, to identify
equipment that is beyond its useful life, equipment that was appropriate for its time but
does not achieve today’s best management practices, or an environment that is
substandard for today’s more advanced equipment including electronics.
4. Ragged Mountain Dam: Construction is on schedule toward completion by April 2014.
A new release structure has recently been designed and will be installed within the next
few months to allow an increased release of flow from the Sugar Hollow Reservoir to
the Moormans River once the new Ragged Mountain Reservoir reaches sufficient water
storage. RWSA is in the early stages of planning a dedication for the new Dam.
5. Rivanna Pump Station: Bids were received in November, and the good news is that a
contract will be recommended for award on December 17 that is approximately $5.7
million below the engineer’s estimate. With the acceptance of the bid, the project is now
expected to be less than what was previously estimated.
6. Cost Share Agreements: RWSA is providing technical support for an on-going effort by
the City and ACSA to develop a more comprehensive agreement for how they are to
divide the costs of RWSA capital projects for the wastewater system, to include the new
Rivanna Pump Station. The negotiations are being mediated by a representative of The
McCammon Group. Three sessions have been held to date and are facilitating
significant discussion, although at this point the discussions are confidential. A fourth
session is hoped to be scheduled in December.
7. Ivy Materials Utilization Center: County staff has informally discussed with RSWA the
possibility of a request for a further extension on the closing date for the Ivy Materials
Utilization Center, presently under contract through June 30, 2014. RSWA needs for the
County to finalize its request as quickly as possible, to include its best projection of the
total time it requires to adequately provide for public input and decision making on its
new plan for convenience centers. DEQ requires a six -month notice of closure from
RSWA, which is difficult to provide for a moving target. Further, many of the current
RSWA employees, having been publicly “on notice” that this facility will close, and as
expected are actively seeking other employment. Once vacancies occur, finding
appropriately qualified individuals willing to accept work under the conditions of closure
will be extremely difficult if possible at all, which may force the facility to close
suddenly and earlier than desirable.
cc: RWSA Board of Directors
RSWA Board of Directors
Memorandum
______________________________________________________________________________
TO: Members, Board of Supervisors
FROM: Travis O. Morris, Senior Deputy Clerk
DATE: November 25, 2013
SUBJECT: Boards and Commissions Vacancy and Reappointment List
______________________________________________________________________________
Attached, please find an updated listing of vacancies for boards and commissions through November 25, 2013.
Appointments that need to be made at this time are to the Acquisition of Conservation Easements Committee (ACE),
Monticello Area Community Action Agency (MACAA), Natural Heritage Committee, Public Defender Office Citizens
Advisory Committee and Public Recreational Facilities Authority; and a Board of Supervisor member appointment to
the Free Bridge Congestion Relief Project.
Listed below are the names and term expiration dates of individuals who wish to be appointed and/or reappointed to
the respective committees:
Acquisition of Conservation Easements Committee (ACE)
Jason Woodfin, term expired August 1, 2013
Acquisition of Conservation Easements Committee (ACE) Appraisal Review Committee
Jean Lorber, term expires December 31, 2013
Free Bridge Congestion Relief Project
Board of Supervisor member appointment
Monticello Area Community Action Agency (MACAA)
Nancy Carpenter
Natural Heritage Committee
Devin Floyd, term expired September 30, 2013
Peggy Cornett
Public Defender Office Citizens Advisory Committee
Marilyn Minrath, term expires December 31, 2013
Public Recreational Facilities Authority
Sherry Buttrick, term expires December 13, 2013
Angela Lynn
2
Rivanna Solid Waste Authority Citizens Advisory Committee
Steven Janes, term expires December 31, 2013
Vacancy List
Return to agenda
MEMBER
TERM
EXPIRES
NEW TERM
EXPIRES
WISH TO BE
RE-APPOINTED?
DISTRICT IF
MAGISTERIAL
APPOINTMENT
Acquisitions of Conservation Easements (ACE)Bill Edgerton 8/1/2012 8/1/2013 No Advertised, No applications recv'd
Acquisitions of Conservation Easements (ACE)Jason Woodfin 8/1/2013 8/1/2015 Yes
ACE Appraisal Review Committee Jean Lorber 12/31/2013 12/31/2014 Yes
ACE Appraisal Review Committee Ross Stevens 12/31/2013 12/31/2014 waiting for response
Agricultural & Forestal District Advisory Council Steve Murray 4/17/2012 4/17/2016 No Advertised, No applications recv'd
Agricultural & Forestal District Advisory Council Mark Gorlinsky 5/5/2010 4/17/2014 Resigned
Agricultural & Forestal District Advisory Council David van Roijen 4/17/2013 4/17/2017 Ineligible
Agricultural & Forestal District Advisory Council Nelson Shaw 4/17/2014 Deceased
Agricultural & Forestal District Advisory Council Robin Mellen 4/17/2013 4/17/2017 Ineligible
Fiscal Impact Advisory Committee Craig Evans 7/8/2013 7/8/2015 Ineligible Advertised, No applications recv'd
MACAA Samantha Wood 10/31/2013 10/31/2018 No Advertised, 1 application recv'd
MACAA Following application received:
Nancy Carpenter
Natural Heritage Committee John Foster 9/30/2011 9/30/2015 No Advertised, 1 application recv'd
Natural Heritage Committee Diana Foster 9/30/2011 9/30/2015 No
Natural Heritage Committee Phil Stokes 9/30/2011 9/30/2015 No
Natural Heritage Committee DeMellon Forest 9/30/2012 9/30/2016 No
Natural Heritage Committee Jim Byrom 9/30/2012 Resigned
Natural Heritage Committee Christopher Dumler 9/30/2013 Resigned
Natural Heritage Committee Brian Morse 9/30/2013 9/30/2017 waiting for response
Natural Heritage Committee Rochelle Garwood 9/30/2013 9/30/2017 waiting for response
Natural Heritage Committee Devin Floyd 9/30/2013 9/30/2017 Yes
Natural Heritage Committee Following application received:
Peggy Cornett
Pantops Community Advisory Council Kirk Bowers 6/30/2013 6/30/2016 No Advertised, 2 applications recv'd
Pantops Community Advisory Council Wendy Fisher 6/30/2013 6/30/2016 No
Pantops Community Advisory Council Joe Milby 6/30/2013 6/30/2016 No
Pantops Community Advisory Council Rita Krenz 6/30/2013 6/30/2016 No
Pantops Community Advisory Council Amy Preddy 6/30/2014 Resigned
Pantops Community Advisory Council Following application received:
Michael Shareck
Diane Berlin
Places 29 Community Advisory Council Whit Faulconer 1/31/2014 1/31/2016
Places 29 Community Advisory Council Tim Kaczmarek 1/31/2014 1/31/2016
Places 29 Community Advisory Council George Larie 1/31/2014 1/31/2016
Places 29 Community Advisory Council Charles Lebo 1/31/2014 1/31/2016
Places 29 Community Advisory Council Christopher Lee 1/31/2014 1/31/2016
Places 29 Community Advisory Council Cynthia Neff 1/31/2014 1/31/2016
Places 29 Community Advisory Council Jeff Pixton 1/31/2014 1/31/2016
Places 29 Community Advisory Council Jane Williamson 1/31/2014 1/31/2016
Public Defender Office Citizens Advisory CommitteeMarilyn Minrath 12/31/2013 12/31/2016 Yes
Public Recreational Facilities Authority Sherry Buttrick 12/13/2013 12/13/2016 Yes Advertised, 1 application recv'd
Public Recreational Facilities Authority John deKoven Bowen III 12/13/2013 12/13/2016 No
Public Recreational Facilities Authority Following application received:
Angela Lynn
Rivanna Solid Waste Authority Cit. Adv. Comm.Jeffery Greer 12/31/2010 12/31/2012 Ineligible, Joint City/County Advertised, No applications recv'd
Rivanna Solid Waste Authority Cit. Adv. Comm.Vincent Day 12/31/2013 Resigned
Rivanna Solid Waste Authority Cit. Adv. Comm.Steven Janes 12/31/2013 12/31/2015 Yes
Revised 11/25/2013
COUNTY OF ALBEMARLE
EXECUTIVE SUMMARY
AGENDA TITLE:
Proposed Ordinance to establish an Auxiliary Police
Force
SUBJECT/PROPOSAL/REQUEST:
Public hearing to consider the adoption of an ordinance
to amend County Code Chapter 2, Administration, Article
V, Law Enforcement to amend Section 2-504 regarding
the Volunteer Community Service Force and to add
Section 2-505 to establish an Auxiliary Police Force
STAFF CONTACT(S):
Foley, Walker, Davis, Blair, Sellers, Wagner
PRESENTER (S): Steve Sellers and Mike Wagner
LEGAL REVIEW: Yes
AGENDA DATE:
December 4, 2013
ACTION: X INFORMATION:
CONSENT AGENDA:
ACTION: INFORMATION:
ATTACHMENTS: Yes
REVIEWED BY:
BACKGROUND:
Virginia Code § 15.2-1731 enables localities to establish, equip and maintain auxiliary police forces that have all the
powers, authority and immunities of full-time law-enforcement officers if such forces have met specific training
requirements (See Attachment A). Auxiliary police officers are non-paid volunteers who would “further preservation of the
public peace, safety and good order of the community” by performing duties to assist in the delivery of police services to
the community. They would not be permitted to carry or use a firearm while serving as an auxiliary police officer unless
specific firearms training requirements have been met.
The Police Department wishes to establish an Auxiliary Police Force to enhance law enforcement services in the County
as part of Phase I of the Geo-Policing effort.
A proposed ordinance giving the County’s Chief of Police the authority to establish an Auxiliary Police Force is attached
(Attachment B), as well as the Police Department’s General Orders for Auxiliary Police Officers (Attachment C).
STRATEGIC PLAN:
Goal 5. Ensure the Health And Safety Of The Community.
a. Work in conjunction with key community partners to establish multi-disciplinary teams to address specific
public health and/or safety issues, emerging trends and or vulnerable groups.
b. Enhance the safety of the County by improving emergency response times and increasing prevention
activities and services.
Goal 6. Promote Individual Responsibility and Citizen Ownership of Community Challenges.
a. Increase County’s volunteer management capability
b. Increase opportunities for citizen self reliance and responsibility for addressing community issues
DISCUSSION:
The primary function of an Auxiliary Police Force would be to augment the Department’s patrol and administrative
resources, especially during large pre-planned events or in situations that tend to overburden the normal operations of the
Department. As part of the Geo-Policing Program, Auxiliary Police Officers would be utilized to support community
outreach and crime prevention efforts.
Following are some of the duties Auxiliary Police Officers would perform:
1. Augment police staffing at community festivals, parades, concerts, street fairs and park patrols;
2. Augment police staffing for traffic control during large events;
3. Assist with crime prevention activities, such as Home Security Surveys and House Checks;
4. Assist with parking enforcement;
5. Provide limited support for patrol activities; and
6. Observe and report conditions requiring professional police services to the Police Department
AGENDA TITLE: Proposed Ordinance to establish an Auxiliary Police Force
December 4, 2013
Page 2
Based upon information from the Virginia Department of Criminal Justice Services, there are three levels of Auxiliary
Police Officers as follows:
Level I – Sworn, armed, trained to same DCJS standards as a certified police officer.
Level II – Sworn, armed, limited training and limited duties.
Level III – Sworn, unarmed, authorized to carry less-than-lethal weapons, limited training, and limited duties.
All Auxiliary Police Officers would be required to abide by the same standards, rules and regulations as regular Police
Officers.
The attached draft ordinance provides that the number of auxiliary police officers would not exceed 15 percent of the paid
force. This 15 percent cap is recommended by the Police Chief. The current number of authorized police officer positions
is 126, so the number of auxiliary police officers would not exceed 18 at the current staffing levels. The Department
estimates it would hire approximately six volunteers in the first year of the program, and that it would take another one to
two years to reach the 18 officer limit.
The attached draft ordinance also amends County Code § 2-504 regarding the Volunteer Community Service Force to
specify that volunteer community service officers do not assist with traffic control and crowd control and are not provided
workers’ compensation insurance coverage by the County. The Volunteer Community Service Force is intended to
provide in-house support services and is not intended to function in the field. The Code of Virginia does not permit the
County to offer worker’s compensation insurance to the Volunteer Community Service Force.
BUDGET IMPACT:
The establishment of an Auxiliary Police Force would have a minimal impact on the budget. The estimated cost to provide
a fully-outfitted uniform for one auxiliary police officer is $1,400 or $8,400 for 6 officers. This initial cost would be funded
from the existing FY14 Police Department budget, and the Department would request the Albemarle County Police
Foundation to purchase additional uniforms in the future. Staff believes that any firearms training for Level II and III
officers would either be provided by the Department or would be funded with existing Department budget funds, and that
the cost of any firearms would be funded with existing Department budget funds.
Because Auxiliary Police Officers will be performing police duties in the field, it is proposed that they would be provided
health insurance coverage for job-related injuries similar to what is provided to volunteer firefighters. The cost of providing
limited duty-related medical and disability insurance coverage for 6 officers would be approximately $990.90 per year. The
cost of that coverage would be funded from the Department’s budget. In addition, the County would be required to provide
Line of Duty Act (LODA) benefits to the officers. The LODA coverage for the current fiscal year was billed at $77.17 per
volunteer, and staff expects that the cost will increase each year. There is no cost for volunteers who begin after the
beginning of the fiscal year, so there is no cost to provide LODA benefits for these officers in FY 14. The cost of providing
LODA coverage to 18 volunteers in FY 15 and in each subsequent fiscal year is estimated to cost $1,389.06 or more if the
cost increases as expected.
Using the designated value of volunteer service as located on the Volunteers in Police Service website ($22.90/hour in
Virginia in 2011), the estimated value of service that would be provided by 6 volunteers each working an average of 10
hours per month (720 total hours/year) would be $16,488/year. The estimated value of service that would be provided by
18 volunteers each working an average of 10 hours per month (2,160 total hours/year) would be $49,464/year. Although
the Department would not realize this amount in actual savings, the Department would realize some savings in reducing
staff overtime costs, and it would be able to provide enhanced services.
RECOMMENDATIONS:
After the public hearing, staff recommends that the Board adopt the attached proposed Ordinance (Attachment B).
ATTACHMENTS:
A – Virginia Code § 15.2-1731
B – Proposed County Ordinance
C – Police Department General Orders for Auxiliary Police Officer
Return to agenda
Attachment A
Code of Virginia
Title 15.2 Counties, Cities and Towns
Chapter 17 Police and Public Order
§ 15.2-1731. Establishment, etc., authorized; powers, authority and immunities generally.
A. Localities, for the further preservation of the public peace, safety, and good order of the
community, may establish, equip, and maintain auxiliary police forces that have all the powers
and authority and all the immunities of full-time law-enforcement officers, if all such forces have
met the training requirements established by the Department of Criminal Justice Services under
§ 9.1-102.
B. Notwithstanding any other provision of this section, an auxiliary officer shall be exempted
from any initial training requirement established under § 9.1-102 until a date one year
subsequent to the approval by the Criminal Justice Services Board of compulsory minimum
training standards for auxiliary police officers, except that (i) any such officer shall not be
permitted to carry or use a firearm while serving as an auxiliary police officer unless such officer
has met the firearms training requirements established in accordance with in-service training
standards for law-enforcement officers as prescribed by the Criminal Justice Services Board, and
(ii) any such officer shall have one year following the approval by the Board to comply with the
compulsory minimum training standards.
(1968, c. 157, § 15.1-159.2; 1987, c. 421; 1988, c. 864; 1997, c. 587; 2012, c. 827.)
Return to exec summary
Draft: October 22, 2013
Attachment B
1
ORDINANCE NO. 13-2(2)
AN ORDINANCE TO AMEND AND REORDAIN CHAPTER 2, ADMINISTRATION, ARTICLE V,
LAW ENFORCEMENT, OF THE CODE OF THE COUNTY OF ALBEMARLE, VIRGINIA.
BE IT ORDAINED by the Board of Supervisors of the County of Albemarle, Virginia, that Chapt er 2,
Administration, Article V, Board of Supervisors, of the Code of the County of Albemarle, Virginia, is
hereby amended and reordained as follows:
By Amending:
Sec. 2-504 Volunteer community service force
By Adding:
Sec. 2-505 Auxiliary police force
CHAPTER 2. ADMINISTRATION
ARTICLE V. LAW ENFORCEMENT
Sec. 2-504 Volunteer community service force.
There is hereby created a volunteer community service force which shall be designated the
"Albemarle County Community Service Force."
A. The community service force shall consist of unpaid volunteer citizens designated volunteer
community service officers, who shall be under the direct supervision of the chief of police of the county.
B. The purpose and function of the volunteer service force shall be to provide assistance to the
chief of police and the regular county police force in the maintenance of police records and
communications, and in dealing with traffic control and crowd control, to provide public education and
information in crime prevention and detection and similar police activities; provided, that no volunteer
community service officer shall carry weapons of deadly force or have power of arrest.
C. Uniforms and equipment for volunteer community service officers, the qualification and
training of candidates, duties and operating procedures and all other matters not specified in this section
shall be as prescribed by regulations recommended from time to time by the chief of police and county
executive and approved by the board of supervisors. Uniforms and equipment shall be provided by the
county from the budget of the county police force.
D. Volunteer community service officers shall not be deemed county employees for purposes of
tenure, nor shall they be subject to the county employee grievance procedure.
E. To the extent possible, volunteer community service officers shall be covered by the county's
liability insurance and by the county's workmen's compensation insurance as to injuries sustained during
performance of their duties.
F. Volunteer community service officers shall not be deemed auxiliary police officers under
Virginia Code § 15.2-1731, or special police officers under Virginia Code § 15.2-1737.
(8-10-88; Code 1988, § 10.1-3; Ord. 98-A(1), 8-5-98)
Sec. 2-505 Auxiliary police force.
There is hereby created an auxiliary police force which shall be designated the “Albemarle
County Auxiliary Police Force.”
A. The auxiliary police force shall be comprised of citizen volunteers selectively used to
conduct a variety of operational support and administrative assignments.
Draft: October 22, 2013
Attachment B
2
B. The chief of police shall have the authority to appoint as auxiliary police officers as many
persons of good character as he deems necessary, not to exceed 15 percent of the paid force; and their
appointment shall be revocable at any time by the chief of police.
C. The chief of police shall have the authority to prescribe the uniform, equipment,
organization and such rules and regulations as he shall deem necessary for the operation of the auxil iary
police force.
D. The chief of police may call into service such auxiliary policemen as may be deemed
necessary:
1. In time of public emergency;
2. At such times as there is an insufficient number of regular policemen to preserve
the peace, safety and good order of the community; or
3. At any time for the purpose of training such auxiliary policemen.
E. The members of the auxiliary police force shall not be required to act beyond the limits of
the jurisdiction of the county except when called upon to protect any public property belonging to the
county which may be located beyond its boundaries unless authorized by a mutual aid agreement pursuant
to Virginia Code § 15.2-1736.
F. The members of the auxiliary police force shall not be deemed county employees and
shall serve without compensation.
G. To the extent possible, members of the auxiliary police force shall be covered by the
county’s liability insurance.
H. The members of the auxiliary police force shall not be deemed special police officers
under Virginia Code § 15.2-1737.
I. The members of the auxiliary police force shall wear the uniform and equipment
prescribed by the chief of police at all times while serving as auxiliary policemen.
J. Any citizen of the United States shall be eligible to make application to become a
member of the auxiliary police force. Applicants shall apply and will be selected in the form and manner
prescribed by the chief of police.
State law reference-Va. Code §§ 15.2-1731-1736.
I, Ella W. Jordan, do hereby certify that the foregoing writing is a true, correct copy of an
Ordinance duly adopted by the Board of Supervisors of Albemarle County, Virginia, by a vote of _____
to _____, as recorded below, at a regular meeting held on _________________________.
Return to exec summary
Attachment C
2-27 AUXILIARY POLICE OFFICER PROGRAM Page 1 of 5 11/20/2013
ALBEMARLE COUNTY POLICE DEPARTMENT
GENERAL ORDER
NO.
2-27
DATE OF ISSUE:
November 20, 2013
SUBJECT:
AUXILIARY POLICE OFFICER PROGRAM
REVISED/REVIEWED/RESCINDS:
VLEPSC STANDARDS:
APPROVED:
Chief of Police
LIST OF CONTENTS:
I. POLICY
II. PURPOSE
III. DEFINITIONS
A. AUXILIARY POLICE OFFICERS
B. AUXILIARY POLICE PROGRAM ADMINISTRATOR
C. AUXILIARY POLICE LEVEL COORDINATORS
IV. PROCEDURES
A. APPLICATION PROCESS
V. TRAINING REQUIREMENTS
VI. ASSIGNMENTS
VII. CALLING INTO SERVICE
VIII. CONDUCT
IX. ON DUTY INJURIES
I. POLICY
The Police Department is committed to recruiting qualified Auxiliary Police Officers (APO) for the
program. It is the policy of the Department to provide leadership, training, and the necessary
resources for our APOs. Department personnel will treat APOs with the same respect afforded paid
personnel in the Department.
II. PURPOSE
To provide Department members and APOs with guidelines for the selection, training, and utilization
of APOs within the Department. These policies are consistent with the authorities provided for in
(proposed Albemarle County ordinance 13-2(2), and the VA Code 15.2-1731.
III. DEFINITIONS
A. AUXILIARY POLICE OFFICERS - APOs may serve in one of the following three Levels:
1. Level One - Certified police officer that has met all training requirements in accordance with
the attached matrix, Auxiliary Police Officer Training Requirements. Level One Auxiliary
Officers shall not be permitted to carry or use a firearm while serving as an auxiliary police
officer unless such officer has met the firearms training requirements established in
accordance with in-service training standards for law-enforcement officers as prescribed by
the Criminal Justice Services Boar
2. Level Two - Sworn with limited duties, may be armed with firearm(s) and has met all
training requirements in accordance with the attached matrix, Auxiliary Police Officer Training
Requirements. Level Two Auxiliary Officers shall not be permitted to carry or use a firearm
while serving as an auxiliary police officer unless such officer has met the firearms training
Attachment C
2-27 AUXILIARY POLICE OFFICER PROGRAM Page 2 of 5 11/20/2013
requirements established in accordance with in-service training standards for law-
enforcement officers as prescribed by the Criminal Justice Services Board.
3. Level Three - Sworn with limited duties, may be armed with less-than-lethal weapon(s)) and
has met all training requirements in accordance with the attached matrix, Auxiliary Police
Officer Training Requirements. Auxiliary Officers of this level are strictly prohibited from
carrying a firearm, whether department or personally owned, while serving as an auxiliary
police officer.
B. AUXILIARY POLICE PROGRAM ADMINISTRATOR - The Special Operations Commander
will be responsible for the training, assignment and scheduling of APOs accepted into the
program, as well as acting as the direct supervisor of the APO Coordinators.
C. AUXILIARY POLICE LEVEL COORDINATORS - Each Auxiliary Police level will have a
coordinator responsible for assisting the Administrator with directing the activities of those in a
specific APO level. These personal may be authorized rank, if appropriate with their assigned
duties.
IV. PROCEDURES
A. Application Process
1. Submit an agency application to the Administrative Division;
2. Be at least 21 years of age;
3. Provide valid photo ID;
4. Meet the minimum listed qualifications:
a. No felony convictions,
b. No serious misdemeanor convictions in last 10 years (serious misdemeanor offenses
include assaults, domestic related, larceny, or drug related convictions),
c. Volunteer for a minimum of eight hours each month, and
d. Be able to perform job assignment in a satisfactory manner.
e. Receive recommendation from oral interview.
f. Each member of the Auxiliary Police shall be governed by the policies and procedures of
the Department.
g. The Auxiliary Police officer may have law-enforcement powers equivalent to those of
paid officers. Membership in the Auxiliary Police will be open to all individuals who
meet the same minimum qualifications as full-time officers under VA Code 15.2-1705.
There shall be no discrimination based on race, color, creed, national origin, age, sex, or
religious affiliation in selection or assignment of Police Auxiliary officers.
h. The Auxiliary Police program in its entirety is the responsibility of the Chief of Police
and under the supervision of the supervisor on-duty.
1) The Chief of Police or his/her designee, the Special Operations Commander must
approve the applicant for the program. All Auxiliary Police Officers will serve at the
discretion of the Chief of Police, and may be discharged from the program at any
time, with or without cause, by the Chief of Police.
2) Auxiliary Police Officers may be suspended or terminated by the Chief of Police.
3) Auxiliary Police Officers maintain the status of volunteers.
V. TRAINING REQUIREMENTS
A. Auxiliary Police Officers shall have all of the powers and authority and all the immunities of
regular law enforcement officers once they have fulfilled the training requirements of the
Attachment C
2-27 AUXILIARY POLICE OFFICER PROGRAM Page 3 of 5 11/20/2013
Department of Criminal Justice Services (DCJS) under Code of Virginia §9.1-102. (See attached
Training matrix)
B. Auxiliary Police Officers shall have one (1) year from the date of appointment to complete the
DCJS-mandated training requirements for their designated level of responsibility in accordance
with the attached matrix, Auxiliary Police Officer Training Requirements.
C. Required training for Level Two and Level Three Auxiliary Police Officers that is conducted within
the Department, as well as the maintenance of those training records, is the responsibility of the
Chief of Police or his /her designee.
VI. ASSIGNMENTS
A. Auxiliary Police Officers, who have completed all DCJS-mandated training requirements, are
vested with all the authority granted by statute to members of duly constituted police agencies. (VA
Code 15.2-1731).
B. Auxiliary Officers have the same obligation to testify in court, as do full-time officers. In addition,
the preparation and submission of appropriate reports shall be the responsibility of each Auxiliary
Police Officer who initiates any police action that requires documentation. The Auxiliary Police
Officer shall inform the Chief of Police or his/her designee of all pending court appearances.
C. Auxiliary Police Officers shall not take any action which is contrary to, or in any manner interferes
with, the duties of any member of the Department, sworn or non-sworn.
D. An Auxiliary Officer may only work alone when approved by the Chief of Police or his/her
designee. When possible, the Auxiliary officer should not be dispatched or designated as the
primary responding officer on crime-in-progress calls.
VII. CALLING INTO SERVICE
A. The Chief of Police or his designee may call into service or provide for calling into service such
auxiliary police officers as may be deemed necessary (i) in time of public emergency, (ii) at such
times as there are insufficient numbers of regular police officers to preserve the peace, safety and
good order of the community, or (iii) at any time for the purpose of training such auxiliary police
officers. At all times when performing such service, the members of the auxiliary police force
shall wear the uniform prescribed by the governing body.
B. Members of any auxiliary police force who have been trained in accordance with the provisions
of VA Code 15.2-1731 may be called into service by the chief of police of any locality to aid and
assist regular police officers in the performance of their duties.
C. When the duties of an auxiliary police officer are such that the wearing of the prescribed uniform
would adversely limit the effectiveness of the auxiliary police officer's ability to perform his
prescribed duties, then clothing appropriate for the duties to be performed may be required by
the chief of police. (1968, c. 157, § 15.1-159.5; 1987, c. 421; 1988, c. 190; 1997, c. 587.)
D. Members of the Auxiliary Police Force are considered called into service under the following
conditions:
1. At the discretion of the Chief of Police.
2. To attend scheduled training and meetings.
3. When marked on and prior to marking off-duty for normal work schedule.
4. When reporting for special assignments with the Department.
Attachment C
2-27 AUXILIARY POLICE OFFICER PROGRAM Page 4 of 5 11/20/2013
5. When reporting to and from court and while attending court to give testimony in cases
arising out of their duties as Auxiliary Officers.
E. Auxiliary Police Officer (Levels 1, 2 and 3) may ride with regular officers on patrol duty or assist
with other assignments that include but are not limited to administrative duties.
F. Level One Auxiliary Officers may be considered to work in a solo capacity under the supervision of
regular supervisory personnel once they have completed all training has met the minimum
compulsory training for law-enforcement officers as set forth in 6VAC20-20-21.
VIII. CONDUCT
A. Auxiliary Police officers shall conform to the policies and procedures of the Police Department.
B. Auxiliary Police officers shall conform to the Code of Conduct of the Police Department and
Albemarle County, Virginia.
C. Auxiliary Police Officers may have access to confidential records, such as criminal histories, DMV
records, and current investigations, as their duties dictate. However, they are not authorized to
release this information to anyone outside the Police Department. Disclosure of any confidential
information, verbal or written, shall be grounds for immediate dismissal and possible
criminal prosecution.
D. Auxiliary Police Officers shall receive annual refresher training on the Department’s lethal/less-
than-lethal use of force policy(s). All documentation of use of force training shall remain on file
with the Department.
IX. ON-DUTY INJURIES
The Auxiliary Police Officer will immediately report all injuries incurred on the job, no matter how
minor it may appear, to the Shift Supervisor, Commander of Special Operations and Chief of Police. The
Chief of Police or his/her designee will then complete an Officer Incident Report within 24 hours.
Medical Expenses for on duty related injuries will be submitted to the private insurance policy purchased
by the police department.
Attachment C
2-27 AUXILIARY POLICE OFFICER PROGRAM Page 5 of 5 11/20/2013
X. APPENDIX
AUXILIARY POLICE OFFICER TRAINING REQUIREMENTS
Level of
Auxiliary
Police Officer
Responsibility Professional Legal Issues Communication Patrol Investigations Defensive Tactics – Use of Force Weapons Use Driver Training Physical Training Field Training Timeline Training Location Level 1
Capable of all
normal duties
(certified)
Meet all
objectives
Meet all
objectives
Meet all
objectives
Meet all
objectives
Meet all
objectives
Meet all
objectives
Meet all
objectives
Meet all
objectives Optional Meet all
objectives
12 months
**
Academy
or DCJS-
approved
satellite
facility
Level 2
Limited duties;
sworn, armed with
firearm
Meet all
objectives
Meet all
objectives
Meet all
objectives
Meet all
Objectives
EXCEPT
4.16, 4.24,
4.30, 4.31,
4.32 and
4.53
Meet all
Objectives
EXCEPT
5.6, 5.7,
5.8, 5.13,
5.14, 5.15
and 5.16
Meet all
objectives
Meet all
objectives
Yes, if
applicable
Optional
Complete to
level of
responsibility
12 months
**
Academy,
DCJS-
approved
satellite
facility, or
in-house
Level 3
Limited duties;
sworn, armed with
less-than-lethal
weapons only
Meet all
objectives
Meet
objectives:
2.1, 2.6,
2.14, 2.22,
2.25, 2.27,
2.30, 2.36,
2.38, and
2.41-2.46
Meet
objectives:
3.1-3.11,
3.13 and
3.14
Meet
objectives:
4.42, 4.43,
4.44, 4.52,
4.54 and
4.56
N/A
Meet
objectives:
6.5, 6.8,
6.10-6.14,
6.16, 6.17
and 6.18
N/A
Yes, if
applicable
Optional
Complete to
level of
responsibility
12 months
**
Academy,
DCJS-
approved
satellite
facility, or
in-house
Objectives are the compulsory minimum training requirements for entry level law enforcement officers.
* Driver training is optional if the duties of the auxiliary officer do not require operation of a law enforcement vehicle
** §15.2-1731 – Any such officer shall have one (1) year following the approval by the Board to comply with the compulsory minimum training s tandards
Return to exec summary
COUNTY OF ALBEMARLE
EXECUTIVE SUMMARY
AGENDA TITLE:
13-03(1) Agricultural and Forestal Districts; the periodic
review of the Ivy Creek AF District; additions to multiple
AF Districts; and corrections to the district descriptions to
identify all those tax map parcels within the districts
SUBJECT/PROPOSAL/REQUEST:
Public hearing on an ordinance to amend Division 2,
Districts, of Article II, Districts of Statewide Significance, of
Chapter 3, Agricultural and Forestal Districts, of the County
Code pertaining to the periodic review of the Ivy Creek AF
District and the addition of parcels to the Keswick,
Hardware, Glen Oaks, Jacobs Run, and Totier Creek AF
Districts
STAFF CONTACT(S):
Foley, Walker, Davis, Kamptner, Graham, Cilimberg, Clark
PRESENTER(S): Wayne Cilimberg
LEGAL REVIEW: Yes
AGENDA DATE:
December 4, 2013
ACTION: X INFORMATION:
CONSENT AGENDA:
ACTION: INFORMATION:
ATTACHMENTS: Yes
REVIEWED BY:
BACKGROUND:
Ivy Creek AFD – District Review
Virginia Code § 15.2-4311 requires the periodic review of agricultural and forestal districts (AFD) to determine whether
they should continue, be modified, or be terminated unless the Board determines that review is unnecessary. During the
review process, land within the District may be withdrawn at the owner’s request by filing a written notice with the Board
any time before the Board acts on the review. In addition, Virginia Code § 15.2-4311 requires that the Board conduct a
public hearing on AFD reviews, and that they also be reviewed by both the Agricultural and Forestal District Advisory
Committee and the Planning Commission for their recommendations.
The Ivy Creek AFD, which was created in 1988 and currently includes 20 parcels and 330 acres, is undergoing its
periodic ten-year review. This AFD is located to the west of the South Fork Rivanna Reservoir. One landowner
submitted a request on November 14, 2013 to withdraw three parcels (TMP 44-35, 44-35A and 45-7A) from the District.
The Advisory Committee reviewed the Ivy Creek AFD and recommends the continuation of the AFD. The Planning
Commission will review the AFD on December 3, 2013, and the Board will receive an update on the Commission’s
recommendation on December 4th. The Ivy Creek AFD staff report to the Planning Commission is attached (Attachment
B).
Additions
Virginia Code § 15.2-4307 permits the addition of lands to an existing AFD upon application pursuant to the Agricultural
and Forestal Districts Act. In addition, Virginia Code §§ 15.2-4307 and 15.2-4309 require that the Board conduct a
public hearing on proposed additions to AFDs, and that these actions be reviewed by both the Agricultural and Forestal
District Advisory Committee and the Planning Commission for their recommendations. The Advisory Committee and the
Planning Commission have reviewed the proposed additions to the Hardware (TMP 88-3U), Jacob’s Run and Totier
Creek AFDs and recommend approval of the proposed actions. The Advisory Committee reviewed the proposed
additions to the Ivy Creek, Keswick, Hardware (TMP 74-6H) and Glen Oaks AFDs and recommends approval of the
proposed actions. The Planning Commission will review those AFDs on December 3, 2013, and the Board will receive
an update on the Commission’s recommendation on December 4th. The AFD-specific staff reports to the Planning
Commission are attached (Attachment B).
Keswick AFD
The Keswick AFD was created in 1986 and currently includes 70 parcels with 6,886 acres. The AFD is located in the
area north of Keswick in the vicinity of Keswick and Cismont. One owner has requested to add two parcels (TMPs 65-
14A and 65-14A1) totaling 36.86 acres to the District. The Keswick AFD is currently on a 10-year review cycle and is
scheduled to be reviewed prior to November 3, 2014.
Hardware AFD
The Hardware AFD was created in 1987 and currently includes 53 parcels with 3,296 acres. This AFD is located on
either side of US 29 South, in the vicinity of Crossroads, Arrowhead and Red Hill, and east of Batesville. Two owners
AGENDA TITLE: 13-03(1) Agricultural and Forestal Districts
December 4, 2013
Page 2
have requested to add two parcels (TMPs 74-6H and 88-3U) totaling 44.4 acres to the District. The Hardware AFD is
currently on a 10-year review cycle and is scheduled to be reviewed prior to September 12, 2017.
Glen Oaks AFD
The Glen Oaks AFD was created in 2011 and currently includes 2 parcels with 257 acres. This AFD is located to the
east of the Village of Rivanna development area, along Limestone Creek and north of the Rivanna River. Two owners
have requested to add three parcels (TMPs 93A5-K2A11, 93A5-K2A12, and 93A5-K2A13) totaling 96.6 acres to the
District. The Glen Oaks AFD is currently on a 10-year review cycle and is scheduled to be reviewed prior to December
7, 2021.
Jacobs Run AFD
The Jacobs Run AFD was created in 1988 and currently includes 16 parcels with 951.4 acres. This AFD is located in
the vicinity of Earlysville. One owner has requested to add one 21.4 acre parcel (TMP 19A-22) to the District. The
Jacobs Run AFD is currently on a 10-year review cycle and is scheduled to be reviewed prior to December 2, 2019.
Totier Creek AFD
The Totier Creek AFD was created in 1983 and currently includes 41 parcels and 6,637 acres. This AFD is located in
the south central portion of the County. One owner has requested to add one 28.82 acre parcel (TMP 127-39) to the
District. The Totier Creek AFD is currently on a 10-year review cycle and is scheduled to be reviewed prior to July 6,
2021.
STRATEGIC PLAN:
Goal 4. Protect the County’s parks and its natural, scenic and historic resources in accordance with the County’s
established growth management polices.
DISCUSSION:
Ivy Creek AFD
The Ivy Creek AFD primarly consists of a mix of small to medium-sized parcels and is located in an area that has had
much of its lands converted to suburban residential uses. Of the 330 acres in the District, there are currently 102.75
acres under conservation easement. There are also 112.5 acres in Agricultural Land Use and 183.4 acres in Forestry
Land Use. However, the landowner of TMPs 44-35, 44-35A and 45-7A (the only three parcels in the District that are
under conservation easement, of which 100.8 acres are in land use taxation) submitted a request on November 14,
2013 to withdraw those parcels from the District. The requested withdrawal of the parcels, totaling 102.75 acres,
would decrease the total number of acres in the Ivy Creek AFD to 227.25. Although these parcels will be withdrawn
from the AFD, they would continue to be subject to the conservation easement. In addition to agriculture and forestry,
there are approximately 10 dwellings in the District (this includes secondary dwellings).
Conservation of this area will help maintain the environmental integrity of the County and aid in the protection of
ground and surface water, agricultural soils, mountain resources, critical slopes, and wildlife habitat. The District’s
proximity to the South Fork Rivanna Reservoir gives it an important role in the protection of the public water supply.
TMP 44-21C(part), which is identified as being added to the District in section 3-217 of the proposed ordinance, was
formerly a non-AFD parcel to which land from parcel 44-20G in the District was transferred, and TMP 44-35(part),
which is identified as being reduced from the full parcel to part of the parcel in the proposed ordinance, is an AFD
parcel to which land from a non-AFD parcel was transferred.
Keswick AFD
The Keswick AFD primarily consists of large forested parcels and large farm parcels, as well as a few smaller
residential lots. Approximately 5,327 acres of the 6,887 acres in the District are under conservation easement. Of the
68 parcels in the Distrct, 24 are enrolled in land use taxation. In addition to agricultural and forestry, there are
approximately 86 dwellings in the District (this includes secondary dwellings).
The parcels under consideration for addition, 65-14A and 65-14A1, are located at the intersection of Louisa Road
(Route 22) and Airslie Farm. There is one dwelling on the parcels. The proposed addition of the parcels, totaling
36.86 acres, would increase the total number of acres in the Keswick District to 6,923.
Conservation of this area, which includes woodland and agricultural fields, will help protect forest and rich farm land,
and will help maintain the environmental integrity of the County and aid in the protection of ground and surface water,
agricultural soils, and wildlife habitat. The Keswick AFD is located in the Mechunk Creek and Middle Rivanna River
watersheds.
AGENDA TITLE: 13-03(1) Agricultural and Forestal Districts
December 4, 2013
Page 3
Hardware AFD
The Hardware AFD includes many large forested parcels and large farms, as well as some smaller residential lots.
Approximately 1,036 acres of the 3,296 acres in the District are under conservation easement. Of the 54 parcels in
the District, 34 are enrolled in land use taxation. In addition to agriculture and forestry, there are approximately 38
dwellings in the District (this includes secondary dwellings).
The parcels under consideration for addition are TMPs 74-6H and 88-3U. TMP 74-6H is 23.4 acres in size and is
located at 3135 Blandemar Drive. TMP 88-3U is 21 acres in size and is located at the intersection of Blandemar Drive
and Chopin Drive. There is one dwelling on TMP 74-6H and there are no dwellings on TMP 88-3U. The proposed
addition of the parcels, totaling 44.4 acres, would increase the total number of acres in the Hardware District to 3,740.
Conservation of this area, which includes woodland and agricultural fields, will help protect forest and rich farm land,
and will help maintain the environmental integrity of the County and aid in the protection of ground and surface water,
agricultural soils, and wildlife habitat. The Hardware AFD is located mostly in the North Fork Hardware River
watershed, with a small portion in the Upper Mechums River watershed.
Glen Oaks AFD
The Glen Oaks AFD primarily consists of a wooded area and open fields along the Rivanna River. Of the two parcels
in the District, none are under conservation easement, and both are enrolled in land use taxation. There are no
dwellings in the District (this includes secondary dwellings).
The parcels under consideration for addition are TMPs 93A5-K2A11, 93A5-K2A12, and 93A5-K2A13. TMPs 93A5-
K2A11 and 93A5-K2A12 total 75.6 acres in size and TMP 93A5-K2A13 is 21 acres in size. The parcels are located on
Grey Heron Road approximately 1,000 feet from its intersection with Carroll Creek Road. There are no dwellings on
these parcels. The proposed addition of the parcels, totaling 96.6 acres, would increase the total number of acres in
the Glen Oaks District to 353.6.
Conservation of this area, which includes woodland and agricultural fields, will help protect forest and rich farm land,
and will help maintain the environmental integrity of the County and aid in the protection of ground and surface water,
agricultural soils, and wildlife habitat. The Glen Oaks AFD is located in the Middle Rivanna River watershed.
Jacobs Run AFD
The Jacobs Run AFD primarily consists of large forested parcels and large farm parcels. Approximately 187.1acres of
the 951.4 acres in the District are under conservation easement. Of the 16 parcels in the District, 11 are enrolled in
land use taxation. In addition to agricultural and forestry, there are approximately 37 dwellings in the District (this
includes secondary dwellings).
The parcel under consideration for addition, TMP 19A-22, is located at 884 Caddice Court. There is one dwelling on
the parcel. The proposed addition of the parcel, totaling 21.4 acres, would increase the total number of acres in the
Jacob’s Run District to 972.8.
Conservation of this area, which includes woodland and agricultural fields, will help protect forest and rich farm land,
and will help maintain the environmental integrity of the County and aid in the protection of ground and surface water,
agricultural soils, and wildlife habitat. The Jacobs Run AFD is located in the North Fork Rivanna River watershed.
Totier Creek AFD
The Totier Creek AFD primarily consists of large forested parcels and large farm parcels. Approximately 3,403 acres of
the 6,637 acres in the District are under conservation easement. Of the 41 parcels in the District, 16 are enrolled in
land use taxation. In addition to agriculture, forestry and horticulture, there are approximately 17 dwellings in the
District (this includes secondary dwellings).
The parcel under consideration for addition, TMP 127-39, is located at 3993 Irish Road. There is one dwelling on the
parcel. The proposed addition of the parcel, totaling 28.82 acres, would increase the total number of acres in the Totier
Creek District to 6,666.
The conservation of this area, which includes woodland and agricultural fields, will help protect forest and rich farm
land, and will help maintain the environmental integrity of the County and aid the protection of ground and surface
water, agricultural soils, mountain resources, critical slopes and wildlife habitat.
AGENDA TITLE: 13-03(1) Agricultural and Forestal Districts
December 4, 2013
Page 4
BUDGET IMPACT:
There is no budget impact.
RECOMMENDATIONS:
After conducting public hearings on the proposed AFD additions and the district review, which may be held together as
one public hearing, staff recommends that the Board adopt the attached ordinance to 1) continue the Ivy Creek AFD;
and 2) approve the additions to the Keswick, Hardware, Glen Oaks, Jacobs Run and Totier Creek AFD’s.
ATTACHMENTS
A – Proposed Ordinance
B – Staff reports to the Planning Commission
Ivy Creek AFD
Keswick AFD
Hardware AFD
Glen Oaks AFD
Jacobs Run AFD
Totier Creek AFD
Return to agenda
Draft: November 21, 2011
1
ORDINANCE NO. 13-03(1)
AN ORDINANCE TO AMEND AND REORDAIN CHAPTER 3, AGRICULTURAL AND FORESTAL
DISTRICTS, ARTICLE II, DISTRICTS OF STATEWIDE SIGNIFICANCE, DIVISION 2, DISTRICTS, OF
THE CODE OF THE COUNTY OF ALBEMARLE, VIRGINIA.
BE IT ORDAINED by the Board of Supervisors of the County of Albemarle, Virginia, that Chapter 3,
Agricultural and Forestal Districts, Article II, Districts of Statewide Significance, Division 2, Districts, of the
Code of the County of Albemarle, Virginia, is hereby amended and reordained as follows:
By Amending:
Sec. 3-213.5 Glen Oaks Agricultural and Forestal District
Sec. 3-214 Hardware Agricultural and Forestal District
Sec. 3-217 Ivy Creek Agricultural and Forestal District
Sec. 3-218 Jacob’s Run Agricultural and Forestal District
Sec. 3-219 Keswick Agricultural and Forestal District
Sec. 3-227 Totier Creek Agricultural and Forestal District
CHAPTER 3. AGRICULTURAL AND FORESTAL DISTRICTS
ARTICLE II. DISTRICTS OF STATEWIDE SIGNIFICANCE
DIVISION 2. DISTRICTS
Sec. 3-213.5 Glen Oaks Agricultural and Forestal District.
The district known as the “Glen Oaks Mountain Agricultural and Forestal District” consists of the
following described properties: Tax map 93A5, parcels K2A11, K2A12, K2A13; Tax tax map 94, parcels
15A1, 15A2. This district, created on December 7, 2011 for not more than 10 years, shall next be reviewed
prior to December 7, 2021.
(Ord. 11-3(4), 12-7-11)
Sec. 3-214 Hardware Agricultural and Forestal District.
The district known as the "Hardware Agricultural and Forestal District" consists of the following
described properties: Tax map 72, parcel 51C; tax map 73, parcels 38, 39C7, 41A, 41B1, 41B2, 42, 42A, 43,
44; tax map 74, parcels 6H, 6N, 26, 28, 28B; tax map 75, parcels 4A, 5; tax map 86, parcels 14, 16, 16A, 16C,
16D, 16E, 16F, 16H, 27, 27A; tax map 87, parcels 10, 13A, 13E (part consisting of 89.186 acres), 16A; tax
map 88, parcels 2A, 3T, 3U, 3V, 6A, 20A, 20B, 20C, 20D, 20F, 23, 23E, 23F, 24, 24A, 24B, 26B, 29, 40, 42;
tax map 99, parcels 10(part), 29, 52, 52B. This district, created on November 4, 1987 for not more than 10
years and last reviewed on September 12, 2007, shall next be reviewed prior to September 12, 2017.
(Code 1988, § 2.1-4(h); Ord. No. 98-A(1), 8-5-98; Ord. 00-3(2), 7-12-00; Ord. 07-3(2), 9-12-07; Ord. 09-3(4),
12-2-09; Ord. 10-3(2), 7-7-10; Ord. 10-3(3), 12-1-10; Ord. 12-3(1), 7-11-12)
Sec. 3-217 Ivy Creek Agricultural and Forestal District.
The district known as the “Ivy Creek Agricultural and Forestal District” consists of the following
described properties: Tax map 44, parcels 19, 19A, 19B, 20, 20A, 20B, 20C, 20D, 20E, 20F, 20G, 21A1,
21A2, 21C(part), 21D, 35(part), 35A; tax map 45, parcels 5F, 5F4, 7A. This district, created on
November 2, 1988 for not more than 7 years, since amended at its last review on July 9, 2003 December
4, 2013 to continue for not more than 10 years, shall next be reviewed prior to July 9, 2013 December 4,
2023.
(4-14-93; 2-14-96; Code 1988, § 2.1-4(n); Ord. 98-A(1), 8-5-98; Ord. 03-3(1), 7-9-03; Ord. 09-3(4), 12-2-09)
Draft: November 21, 2011
2
Sec. 3-218 Jacobs Run Agricultural and Forestal District.
The district known as the "Jacobs Run Agricultural and Forestal District" consists of the following
described properties: Tax map 19, parcels 25, 25A; tax map 19A, parcels 22, 31; tax map 20, parcel 6J; tax
map 30, parcel 32B; tax map 31, parcels 1, 1B, 4K, 8, 8E, 16, 16B, 44C, 45, 45B, 45C. This district, created
on January 6, 1988 for not more than 6 years, since amended to continue for not more than 10 years and last
reviewed on December 2, 2009, shall next be reviewed prior to December 2, 2019.
(3-2-94; Code 1988, § 2.1-4(i); Ord. 98-A(1), 8-5-98; Ord. 00-3(1), 4-19-00; Ord. 09-3(4), 12-2-09; Ord. 10-
3(2), 7-7-10; Ord. 11-3(2), 7-6-11)
Sec. 3-219 Keswick Agricultural and Forestal District.
The district known as the "Keswick Agricultural and Forestal District" consists of the following
described properties: Tax map 48, parcels 30, 30A, 30B, 30C, 30D, 30E; tax map 63, parcels 39, 39A, 40,
42A; tax map 64, parcels 5, 7, 7A, 8A, 9, 10 10A, 10B, 10C, 10D, 11 12, 13, 13A, 14; tax map 65, parcels 13,
14A, 14A1, 31C1, 31C3, 31D, 32; tax map 79, parcel 46; tax map 80, parcels 1, 2, 2A, 2C, 3A, 3A1, 3G, 3H,
3I, 4, 61D, 88, 114A, 115, 164, 169, 169A, 169C, 169C1, 174, 176, 176A, 182, 182A, 183, 183A, 190, 192,
194; tax map 81, parcels 1, 8A, 15A6, 15B, 63, 69, 72, 73, 74, 79. This district, created on September 3, 1986
for not more than 10 years and last reviewed on November 3, 2004, shall next be reviewed prior to November
3, 2014.
(10-12-94; 4-12-95; 8-13-97; Code 1988, § 2.1-4(e); Ord. 98-A(1), 8-5-98; Ord. 04-3(3), 11-3-04; Ord. 09-
3(4), 12-2-09; Ord. 10-3(3), 12-1-10; Ord. 11-3(4), 12-7-11; Ord. 12-3(1), 7-11-12)
Sec. 3-227 Totier Creek Agricultural and Forestal District.
The district known as the "Totier Creek Agricultural and Forestal District" consists of the following
described properties: Tax map 121, parcels 70A, 70D, 70E, 72C, 85, 85A; tax map 122, parcels 5, 5A; tax
map 127, parcel 39; tax map 128, parcels 13, 14A, 14B, 14C, 14D, 27, 29, 30, 72; tax map 129, parcels 3, 5,
6, 6A, 7A, 7D, 9; tax map 130, parcels 1, 5A; tax map 134, parcels 3, 3A, 3B, 3C, 3D, 3E, 3F, 3G, 3H, 3I, 3J,
3K, 3L; tax map 135, parcels 7, 10. This district, created on June 29, 1983 for not more than 10 years and last
reviewed on July 6, 2011, shall next be reviewed prior to July 6, 2021.
(Code 1988, § 2.1-4(b); Ord. 98-A(1), 8-5-98; Ord. 01-3(1), 6-20-01; Ord. 11-3(1), 7-6-11)
I, Ella W. Jordan, do hereby certify that the foregoing writing is a true, correct copy of an Ordinance duly
adopted by the Board of Supervisors of Albemarle County, Virginia, by a vote of _____ to _____, as recorded
below, at a regular meeting held on _________________________.
Return to exec summary
COUNTY OF ALBEMARLE
STAFF REPORT
Project Name:
AFD2013-00001 Ivy Creek Review
Staff: Scott Clark, Senior Planner
Agricultural and Forestal District Advisory Committee Meeting: November 7, 2013
Planning Commission Public Hearing:
December 3, 2013
Board of Supervisors Public Hearing:
December 4, 2013
Proposal: Periodic review of the Ivy Creek AF
District.
Comprehensive Plan Designation:
Rural Areas
This item was reviewed by the Planning Commission on October 22, 2013. However, due to
issues with the Agricultural/Forestal Districts Advisory Committee’s prior action, the item was
not properly before the Commission for action. The item has now been properly reviewed by the
Committee and is now before the Commission for public comment and recommendation for
action.
Periodic Review of Agricultural and Forestal Districts
As established in the Code of Virginia, a district may continue indefinitely, but it must be reviewed by the
County not more than every 10 years to determine whether the district should be continued. Before being
considered by the Board of Supervisors, a district is reviewed by the County’s Agricultural and Forestal
District Advisory Committee and the Planning Commission. Both the Advisory Committee and the
Planning Commission provide recommendations to the Board as to whether the district should be
terminated, modified or continued.
Once it has received the recommendations of the Advisory Committee and the Planning Commission, the
Board conducts a public hearing. After the public hearing, the Board may terminate, modify or continue
the district. If the Board continues the district, it may impose conditions on the district different from
those imposed on the district when it was created or last reviewed. Landowners within a district receive
notice of this process, including notice of any proposed different conditions.
When a district is reviewed, land within the district may be withdrawn at the owner’s discretion by filing
a written notice with the Board at any time before the Board acts to continue, modify, or terminate the
district.
AFD 2013-01 IVY CREEK DISTRICT REVIEW
The Albemarle County Code currently contains this description of the Ivy Creek District:
Sec. 3-217 Ivy Creek Agricultural and Forestal District.
The district known as the “Ivy Creek Agricultural and Forestal District” consists of the following
described properties: Tax map 44, parcels 19, 19A, 19B, 20, 20A, 20B, 20C, 20D, 20E, 20F, 20G,
21A1, 21A2, 21D, 35, 35A; tax map 45, parcels 5F, 5F4, 7A. This district, created on November
2, 1988 for not more than 7 years, since amended at its last review on July 9, 2003 to continue for
not more than 10 years, shall next be reviewed prior to July 9, 2013.
2
The District is located to the west of the South Fork Rivanna Reservoir (see Attachment A).
District History:
The District was created in November, 1988 with 18 parcels and approximately 315 acres.
One parcel of 28 acres was withdrawn during a review in 1996.
Two parcels totaling 195.75 acres were added in 1998.
Three parcels totaling 256 acres were withdrawn during a review in 2003.
Five parcels totaling 199 acres were added in 2009.
The District now includes 20 parcels and 330 acres
Agricultural and Forestal District Significance: Of the 330 acres in the Ivy Creek District, 271 acres have
soils listed as particularly important for agriculture in the Comprehensive Plan.
Land Use other than Agriculture and Forestry: In addition to agricultural and forestal uses, the Ivy Creek
District includes approximately 10 dwellings.
Local Development Patterns: The District primarily consists of a mix of small to medium-sized parcels
and is located in an area that has had much of its lands converted to suburban residential uses.
Comprehensive Plan Designation and Zoning Districts: The District is entirely designated as Rural Areas
in the Comprehensive Plan, and the parcels included in the District are zoned RA Rural Areas
Environmental Benefits: Conservation of this area will help maintain the environmental integrity of the
County and aids in the protection of ground and surface water, agricultural soils, mountain resources,
critical slopes, and wildlife habitat. The District’s proximity to the South Fork Rivanna Reservoir gives it
an important role in protection of the public water supply.
Withdrawal: Landowners may withdraw their parcels from districts by right during a renewal at any time
before the Board of Supervisors takes final action to continue, modify, or terminate the district.
Landowners were notified of the renewal by certified mail on June 24, 2013.
On November 14th, 2013, staff received a withdrawal request from the Jane Tarleton Smith Moor e Trust,
which owns three parcels (TMPs 44-35, 44-35A, and 45-7A), which total 102.75 acres. The property is
under a conservation easement held by the Virginia Department of Historic Resources With this
withdrawal, the total acreage of the District would be 227.25.
Committee Recommendation: At their meeting on November 7, 2013, the Agricultural/Forestal Districts
Advisory Committee recommended renewal of the Ivy Creek District for a 10-year period.
Attachments:
A. Ivy Creek AF District Map
3
COUNTY OF ALBEMARLE
STAFF REPORT
Project Name:
AFD2013-00002 Keswick Addition - May
Staff: Scott Clark, Senior Planner
Agricultural and Forestal District Advisory Committee Meeting: November 7, 2013
Planning Commission Public Hearing:
December 3, 2013
Board of Supervisors Public Hearing:
December 4, 2013
Proposal: Addition to the Keswick Agricultural and
Forestal District
Comprehensive Plan Designation:
Rural Areas
This item was reviewed by the Planning Commission on October 22, 2013. However, due to issues with the
Agricultural/Forestal Districts Advisory Committee’s prior action, the item was not properly before the
Commission for action. The item has now been properly reviewed by the Committee and is now before the
Commission for public comment and recommendation for action.
The Albemarle County Code currently contains this description of the Keswick District:
Sec. 3-219 Keswick Agricultural and Forestal District
The district known as the "Keswick Agricultural and Forestal District" consists of the following
described properties: Tax map 48, parcels 30, 30A, 30B, 30C, 30D, 30E; tax map 63, parcels 39, 39A, 40,
42A; tax map 64, parcels 5, 7, 7A, 8A, 9, 10 10A, 10B, 10C, 10D, 11 12, 13, 13A, 14; tax map 65, parcels
13, 31C1, 31C3, 31D, 32; tax map 79, parcel 46; tax map 80, parcels 1, 2, 2A, 2C, 3A, 3A1, 3G, 3H, 3I,
4, 61D, 88, 114A, 115, 164, 169, 169A, 169C, 169C1, 174, 176, 176A, 182, 182A, 183, 183A, 190, 192,
194; tax map 81, parcels 1, 8A, 15A6, 15B, 63, 69, 72, 73, 74, 79. This district, created on September 3,
1986 for not more than 10 years, was last reviewed on November 3, 2004, and shall next be reviewed
prior to November 3, 2014.
The district included 5,412 acres when it was founded, and today includes 6,886 acres.
The Keswick Agricultural and Forestal District is located in the vicinity of Keswick and Cismont (Attachment A).
The district is characterized by large pasture areas and significant blocks of forest.
Agricultural and Forestal District Significance: Of the 6,886 acres that comprise the Keswick District, 4,771 acres
include soils listed in the Comprehensive Plan as being important for agriculture. Most of the remaining acreage
is in soils that are valuable for forestry.
Land Use other than Agriculture and Forestry: In addition to agricultural and forestry uses, the district includes
approximately 86 dwellings.
Local Development Patterns: The District primarily consists of large forested parcels and large farm parcels.
Comprehensive Plan Designation and Zoning Districts: The Keswick District is entirely designated as Rural
Areas in the Comprehensive Plan, and the parcels included in the District are zoned RA Rural.
2
Environmental Benefits: The District includes woodland and agricultural fields. Protecting and preserving these
properties in an Agricultural and Forestal District will help protect forest and rich farm land, which the
Comprehensive Plan and Rural Areas Zoning Ordinances seek to preserve. Conservation of this area will help
maintain the environmental integrity of the County and aids in the protection of ground and surfac e water,
agricultural soils, and wildlife habitat. The Keswick District is located in the Mechunk Creek and Middle Rivanna
River watersheds.
Proposal:
The proposal is to add two parcels (Tax Map 65 Parcels 14A and 14A1) totaling 36.86 acres to the District.
Approximately 27.9 of those acres are in soils listed as important for agriculture in the Comprehensive Plan. The
majority of the property is open, and the remainder is wooded. There is one dwelling.
Recommendation:
At their meeting on November 7, 2013, the Agricultural/Forestal Districts Advisory Committee recommended
approval of AFD201300002.
Attachments:
A. Keswick District Map – District and Proposed Addition
3
COUNTY OF ALBEMARLE
STAFF REPORT
Project Name:
AFD2013-00003 Hardware Addition – Felder
Staff: Scott Clark, Senior Planner
Agricultural and Forestal District Advisory Committee Meeting: November 7, 2013
Planning Commission Public Hearing:
December 3, 2013
Board of Supervisors Public Hearing:
December 4, 2013
Proposal: Addition to the Hardware Agricultural and
Forestal District
Comprehensive Plan Designation:
Rural Areas
This item was reviewed by the Planning Commission on October 22, 2013. However, due to issues with the
Agricultural/Forestal Districts Advisory Committee’s prior action, the item was not properly before the
Commission for action. The item has now been properly reviewed by the Committee and is now before the
Commission for public comment and recommendation for action.
The Albemarle County Code currently contains this description of the Hardware District:
Sec. 3-214 Hardware Agricultural and Forestal District.
The district known as the "Hardware Agricultural and Forestal District" consists of the following
described properties: Tax map 72, parcel 51C; tax map 73, parcels 38, 39C7, 41A, 41B1, 41B2, 42, 42A,
43, 44; tax map 74, parcels 6N,26, 28, 28B; tax map 75, parcels 4A, 5; tax map 86, parcels 14, 16, 16A,
16C, 16D, 16E, 16F, 16H, 27, 27A; tax map 87, parcels 10, 13A, 13E (part consisting of 89.186
acres),16A; tax map 88, parcels 2A, 3T, 3V, 6A, 20A, 20B, 20C, 20D, 20F, 23, 23E, 23F,24, 24A, 24B,
26B, 29, 40, 42; tax map 99, parcels 10(part), 29, 52, 52B. This district, created on November 4, 1987 for
not more than 10 years and last reviewed on September 12, 2007, shall next be reviewed prior
toSeptember12, 2017.
The Hardware Agricultural/Forestal District is located to either side of US 29 South, in the vicinity of Crossroads
and Red Hill (Attachment A). The district is characterized by large areas of forest, as well as by pastures.
The District originally included 5,947 acres. The District now includes 3,296 acres.
Agricultural and Forestal District Significance: Of the 3,296 acres that comprise the Hardware District, 1,974
acres are in soils recognized as highly important for agriculture in the Comprehensive Plan.
Land Use other than Agriculture and Forestry: In addition to agricultural and forestry uses, the district includes
approximately 38 dwellings.
Local Development Patterns: The District primarily consists of large forested parcels and large farm parcels.
Comprehensive Plan Designation and Zoning Districts: The Hardware District is entirely designated as Rural
Areas in the Comprehensive Plan, and the parcels included in the District are zoned RA Rural Areas.
Environmental Benefits: The District includes woodland and agricultural fields. Protecting and preserving these
properties in an Agricultural and Forestal District will help protect forest and rich farm land, which the
Comprehensive Plan and Rural Areas Zoning Ordinances seek to preserve. Conservation of this area will help
2
maintain the environmental integrity of the County and aids in the protection of ground and surfac e water,
agricultural soils, and wildlife habitat. The Hardware District is located mostly in the North Fork Hardware River
watershed, with a small portion in the Upper Mechums River watershed (a public water supply watershed).
Proposal:
This proposal would add one parcel (Tax Map 74 Parcel 6H) of 23.4 acres to the District. The parcel contains
16.25 acres of soils considered important for agriculture in the Comprehensive Plan. The parcel is mostly wooded,
with a large open area adjacent to the single dwelling.
Recommendation:
At their meeting on November 7, 2013, the Agricultural/Forestal Districts Advisory Committee recommended
approval of AFD201300003.
Attachments:
A. Hardware District Map – District and Proposed Addition
3
4
5
COUNTY OF ALBEMARLE
STAFF REPORT
Project Name:
AFD2013-00004 Hardware Addition - Eudy
Staff: Scott Clark, Senior Planner
Agricultural and Forestal District Advisory Committee Meeting: November 7th, 2013
Planning Commission Public Hearing:
November 12,, 2013
Board of Supervisors Public Hearing:
December 4, 2013
Proposal: Addition to the Hardware Agricultural and
Forestal District
Comprehensive Plan Designation:
Rural Areas
RECOMMENDATION: That the Planning Commission recommend approval of the proposed addition to
the Hardware Agricultural and Forestal District.
The Albemarle County Code currently contains this description of the Hardware District:
Sec. 3-214 Hardware Agricultural and Forestal District.
The district known as the "Hardware Agricultural and Forestal District" consists of the following described
properties: Tax map 72, parcel 51C; tax map 73, parcels 38, 39C7, 41A, 41B1, 41B2, 42, 42A, 43, 44; tax map
74, parcels 6N,26, 28, 28B; tax map 75, parcels 4A, 5; tax map 86, parcels 14, 16, 16A, 16C, 16D, 16E, 16F, 16H,
27, 27A; tax map 87, parcels 10, 13A, 13E (part consisting of 89.186 acres),16A; tax map 88, parcels 2A, 3T, 3V,
6A, 20A, 20B, 20C, 20D, 20F, 23, 23E, 23F,24, 24A, 24B, 26B, 29, 40, 42; tax map 99, parcels 10(part), 29, 52,
52B. This district, created on November 4, 1987 for not more than 10 years and last reviewed on September 12,
2007, shall next be reviewed prior toSeptember12, 2017.
The Hardware Agricultural and Forestal District is located to either side of US 29 South, in the vicinity of
Crossroads and Red Hill. (Attachment A) The district is characterized by large areas of forest, as well as by
pastures.
The District originally included 5,947 acres. The District now includes 3,296 acres.
Agricultural and Forestal District Significance: Of the 3,296 acres that comprise the Hardware District, 1,974
acres are in soils recognized as highly important for agriculture in the Comprehensive Plan.
Land Use other than Agriculture and Forestry: In addition to agricultural and forestry uses, the district includes
approximately 38 dwellings.
Local Development Patterns: The District primarily consists of large forested parcels and large farm parcels.
Comprehensive Plan Designation and Zoning Districts: The Hardware District is entirely designated as Rural
Areas in the Comprehensive Plan, and the parcels included in the District are zoned RA Rural Areas.
Environmental Benefits: The District includes woodland and agricultural fields. Protecting and preserving these
properties in an Agricultural and Forestal District will help protect forest and rich farm land, which the
Comprehensive Plan and Rural Areas Zoning Ordinances seek to preserve. Conservation of this area will help
maintain the environmental integrity of the County and aids in the protection of ground and surface water,
agricultural soils, and wildlife habitat. The Hardware District is located mostly in the North Fork Hardware River
watershed, with a small portion in the Upper Mechums River watershed (a public water supply watershed).
6
Proposal:
AFD201300004 Eudy: This proposal would add one parcel (Tax Map 88 Parcel 3U) of 21 acres to the District.
The property includes 18.2 acres of soils that are considered important for agriculture in the Comprehensive Plan.
The parcel is largely wooded. There are no dwellings.
Staff Recommendation:
Staff recommends the Agricultural and Forestal District Advisory Committee recommend approval of this
proposed addition to the Hardware Agricultural and Forestal District. Staff will provide guidance from the
Advisory Committee at the meeting.
Attachments:
A. Hardware District – District and Proposed Addition
7
Attachment A
COUNTY OF ALBEMARLE
STAFF REPORT SUMMARY
Project Name:
AFD2013-00005 Glen Oaks Addition – N. Sansovich
AFD2013-00006 Glen Oaks Addition – S. Sansovich
Staff: Scott Clark, Senior Planner
Agricultural and Forestal District Advisory Committee Meeting: November 7, 2013
Planning Commission Public Hearing:
December 3, 2013
Board of Supervisors Public Hearing:
December 4, 2013
Proposal: Additions to the Glen Oaks Agricultural and
Forestal District
Comprehensive Plan Designation:
Rural Areas
These items were reviewed by the Planning Commission on October 22, 2013. However, due to issues with the
Agricultural/Forestal Districts Advisory Committee’s prior action, the items were not properly before the
Commission for action. The items have now been properly reviewed by the Committee and are now before the
Commission for public comment and recommendation for action.
The Albemarle County Code currently contains this description of the District:
Sec. 3-213.5 Glen Oaks Agricultural and Forestal District.
The district known as the “Glen Oaks Mountain Agricultural and Forestal District” consists of the
following described properties: Tax map 94, parcels 15A1, 15A2. This district, created on December 7,
2011 for not more than 10 years, shall next be reviewed prior to December 7, 2021.
The Glen Oaks Agricultural and Forestal District is located to the east of the Rivanna Village development area,
along Limestone Creek and north of the Rivanna River (Attachment A). The district is characterized by forest and
by open floodplain land along the Rivanna.
The District included 257 acres when it was founded, and has not changed.
Agricultural and Forestal District Significance: Of the 257 acres that comprise the Glen Oaks District, 186 acres
have soils listed as important to agriculture in the Comprehensive Plan.
Land Use other than Agriculture and Forestry: The district includes no dwellings.
Local Development Patterns: The District consists of a wooded area and open fields along the Rivanna.
Comprehensive Plan Designation and Zoning Districts: The Glen Oaks District is entirely designated as Rural
Areas in the Comprehensive Plan.
Environmental Benefits: The District includes woodland and agricultural fields. Protecting and preserving these
properties in an Agricultural and Forestal District will help protect forest and rich farm land, which the
Comprehensive Plan and Rural Areas Zoning Ordinances seek to preserve. Conservation of this area will help
maintain the environmental integrity of the County and ai ds in the protection of ground and surface water,
agricultural soils, and wildlife habitat. The Glen Oaks District is located in the Middle Rivanna River watershed.
(Attachment C).
2
Proposals:
AFD2013-00005 Glen Oaks Addition – N. Sansovich: This proposal, made by the landowner who requested
creation of the Glen Oaks District, would add two parcels (Tax Map 93A5-K2-A-11 and K2-A-12) totaling 75.6
acres to the District. The property contains 44 acres of soils listed in the Comprehensive Plan a s being important
for agriculture.
AFD2013-00006 Glen Oaks Addition – S. Sansovich: This proposal would add 21 acres in one parcel (Tax Map
93A5 Parcel K2-A-13). The property includes 8 acres of soils that are listed in the Comprehensive Plan as being
important for agriculture.
Recommendation:
At their meeting on November 7, 2013, the Agricultural/Forestal Districts Advisory Committee recommended
approval of AFD 2013-00005 and AFD 2013-00006.
Attachments:
A. Glen Oaks District Map – District and Proposed Additions
3
COUNTY OF ALBEMARLE
STAFF REPORT
Project Name:
AFD2013-00007 Jacob’s Run Addition - Goldberg
Staff: Scott Clark, Senior Planner
Agricultural and Forestal District Advisory Committee Meeting: November 7th, 2013
Planning Commission Public Hearing:
November 12,, 2013
Board of Supervisors Public Hearing:
December 4, 2013
Proposal: Addition to the Jacob’s Run Agricultural and
Forestal District
Comprehensive Plan Designation:
Rural Areas
RECOMMENDATION: That the Planning Commission recommend approval of the proposed addition to
the Jacob’s Run Agricultural and Forestal District.
AFD201300007 Jacob’s Run Addition – Goldberg
The Albemarle County Code currently contains this description of the Jacob’s Run District:
Sec. 3-218 Jacobs Run Agricultural and Forestal District.
The district known as the "Jacobs Run Agricultural and Forestal District" consists of the following
described properties: Tax map 19, parcels 25, 25A; tax map 19A, parcel 31; tax map 20, parcel 6J; tax map
30, parcel 32B; tax map 31, parcels 1, 1B, 4K, 8, 8E, 16, 16B, 44C, 45, 45B, 45C. This district, created on
January 6, 1988 for not more than 6 years, since amended to continue for not more than 10 years and last
reviewed on December 2, 2009, shall next be reviewed prior to December 2, 2019.
The district included 624.6 acres when it was founded, and today includes 951.4 acres.
The Jacob’s Run Agricultural and Forestal District is located in the vicinity of Earlysville (Attachment A) The
district is characterized by pasture areas and forest.
Agricultural and Forestal District Significance: Of the 951.4 acres that comprise the Jacob’s Run District,
approximately 896 acres include soils listed in the Comprehensive Plan as being important for agricu lture.
Land Use other than Agriculture and Forestry: In addition to agricultural and forestry uses, the district includes
approximately 17 dwellings.
Local Development Patterns: The District primarily consists of forested parcels and farm parcels.
Comprehensive Plan Designation and Zoning Districts: The Jacob’s Run District is entirely designated as Rural
Areas in the Comprehensive Plan, and the parcels included in the District are zoned RA Rural.
Environmental Benefits: The District includes woodland and agricultural fields. Protecting and preserving these
properties in an Agricultural and Forestal District will help protect forest and rich farm land, which the
Comprehensive Plan and Rural Areas Zoning Ordinances seek to preserve. Conservation of this area will help
maintain the environmental integrity of the County and aids in the protection of ground and surface water,
agricultural soils, and wildlife habitat. The Jacob’s Run District is located in the North Fork Rivanna River
watershed.
2
Proposal:
The proposal is to add one parcel (Tax Map 19A Parcel 22) totaling 21.4 acres to the District. Approximately 14.2
of those acres are in soils listed as important for agriculture in the Comprehensive Plan. The majority of the
property is wooded, and the remainder is open. There is one dwelling.
Staff Recommendation:
Staff recommends the Planning Commission recommend approval of the proposed addition to the Jacob’s Run
Agricultural and Forestal District. Staff will provide guidance from the Advisory Committee at the meeting.
Attachments:
A. Jacob’s Run District – District and Proposed Addition
3
Attachment A
COUNTY OF ALBEMARLE
STAFF REPORT
Project Name:
AFD2013-00008 Totier Creek Addition - Boatwright
Staff: Scott Clark, Senior Planner
Agricultural and Forestal District Advisory Committee Meeting: November 7th, 2013
Planning Commission Public Hearing:
November 12,, 2013
Board of Supervisors Public Hearing:
December 4, 2013
Proposal: Addition to the Totier Creek Agricultural and
Forestal District
Comprehensive Plan Designation:
Rural Areas
RECOMMENDATION: That the Planning Commission recommend approval of the proposed addition to
the Totier Creek Agricultural and Forestal District.
AFD201300008 Totier Creek Addition – Boatwright
The Albemarle County Code currently contains this description of the Totier Creek District:
Sec. 3-227 Totier Creek Agricultural and Forestal District.
The district known as the "Totier Creek Agricultural and Forestal District" consists of the following
described properties: Tax map 121, parcels 70A, 70D, 70E,72C, 85, 85A; tax map 122, parcels 5, 5A; tax
map 128, parcels 13, 14A, 14B, 14C, 14D, 27, 29, 30, 72; tax map 129, parcels 3, 5, 6, 6A, 7A, 7D, 9; tax
map 130,parcels 1, 5A; tax map 134, parcels 3,3A, 3B, 3C, 3D, 3E, 3F, 3G, 3H, 3I, 3J, 3K, 3L; tax map
135, parcels 7, 10. This district, created on June 29, 1983 for not more than 10 years and last reviewed on
July 6, 2011, shall next be reviewed prior to July 6, 2021.
The district included 6,962 acres when it was founded, and today includes 6,637 acres.
The Totier Creek Agricultural and Forestal District is located in the vicinity of Porters, Dawson Mill, and Keene
(Attachment B) The district is characterized by open farmland and large blocks of forest that are largely made up
of pine plantations.
Agricultural and Forestal District Significance: Of the 6,637 acres that comprise the Totier Creek District,
approximately 5,733 acres include soils listed in the Comprehensive Plan as being important for agriculture.
Land Use other than Agriculture and Forestry: In addition to agricultural and forestry uses, the district includes
approximately 37 dwellings.
Local Development Patterns: The District primarily consists of forested parcels and farm parcels.
Comprehensive Plan Designation and Zoning Districts: The Totier Creek District is entirely designated as Rural
Areas in the Comprehensive Plan, and the parcels included in the District are zoned RA Rural.
Environmental Benefits: The District includes woodland and agricultural fields. Protecting and preservi ng these
properties in an Agricultural and Forestal District will help protect forest and rich farm land, which the
Comprehensive Plan and Rural Areas Zoning Ordinances seek to preserve. Conservation of this area will help
maintain the environmental integrity of the County and aids in the protection of ground and surface water,
agricultural soils, and wildlife habitat. The Totier Creek District is located in the James River watershed.
2
Proposal:
The proposal is to add one parcel (Tax Map 127 Parcel 39) totaling 28.82 acres to the District. Approximately
19.4 of those acres are in soils listed as important for agriculture in the Comprehensive Plan. The property is
approximately half open and half wooded. There is one dwelling.
Staff Recommendation:
Staff recommends the Planning Commission recommend approval of the proposed addition to the Totier Creek
Agricultural and Forestal District. Staff will provide guidance from the Advisory Committee at the meeting.
Attachments:
A. Totier Creek District – District and Proposed Addition
3
Attachment A
COUNTY OF ALBEMARLE
EXECUTIVE SUMMARY
AGENDA TITLE:
ZTA 2013-03 Dam Break Inundation Zones
SUBJECT/PROPOSAL/REQUEST:
Public Hearing to Amend the Zoning Ordinance to Comply
with State Requirements Concerning Development in
Dam Break Inundation Zones
STAFF CONTACT(S):
Foley, Walker, Davis, Kamptner, McCulley, Koslow,
Burbage
PRESENTER (S): Amanda Burbage
LEGAL REVIEW: Yes
AGENDA DATE:
December 4, 2013
ACTION: X INFORMATION:
CONSENT AGENDA:
ACTION: INFORMATION:
ATTACHMENTS: Yes
REVIEWED BY:
BACKGROUND:
In 2008, the Virginia General Assembly passed legislation requiring localities to undergo a new review process for
development occurring within a dam break inundation zone (Attachment B). According to the Virginia Code, a dam
break inundation zone (DBIZ) is “the area downstream of a dam that would be inundated or otherwise directly affected
by the failure of a dam.” Development is defined as “one or more lots developed or to be developed as a unit under
single ownership or unified control which is to be used for any business or industrial purpose or is to contain three or
more dwelling units, but does not include any lot or lots that will be principally devoted to agricultural production.”
Dam owners are required to conduct a dam break analysis to support the appropriate hazard classification of the
impounding structure in accordance with the Virginia Administrative Code. An owner of a State-regulated dam is also
required to provide the locality in which the dam is located with a map of its DBIZ and incorporate all affected
properties into its dam safety emergency action plan. There is currently no timeframe associated with this mandate.
The state requirements place localities in the role of notifying the Virginia Department of Conservation and Recreation
(DCR) when a development is proposed within a DBIZ for which the locality has a map on file so that the plan for
development can be reviewed by DCR for its impacts on a dam’s spillway design flood standards.
There are currently 109 state regulated dams in Albemarle County. Community Development’s Zoning Division is the
designated point of intake for DBIZ mapping and has received mapping for four of these dams to date. When a map is
received, it is passed along to Information Services staff to be incorporated into CountyView and GIS-Web so that
parcels within a DBIZ can be identified by staff and the general public. Planning staff then follow the required review
process when reviewing any site plan or subdivision application that falls within a DBIZ.
On April 23, 2013 the Board of Supervisors adopted a resolution of intent to amend the zoning and subdivision
ordinances in order to comply with state requirements (Attachment C). The proposed zoning text amendment
addresses revisions to the site plan review process for properties that fall within a DBIZ. On October 8, 2013 the
Planning Commission recommended adoption of the proposed zoning text amendment and STA 2012-02, also being
considered by the Board on December 4th, which would make the corresponding changes to the subdivision ordinance
(Attachments D & E).
STRATEGIC PLAN:
Goal 5. Ensure the health and safety of the community.
DISCUSSION:
The proposed ordinance (Attachment A) implements State law and would:
Add definitions for “dam break inundation zone”, “development”, and “impounding structure”
Require that a DBIZ be depicted on the pre-application plan, initial site plan & preliminary plat
Require that if development is within a DBIZ: (1) the dam owner is notified about the proposed development,
and (2) DCR is notified within 10 days to make a determination as to whether or not the proposed
development will impact the dam’s spillway design flood standards
AGENDA TITLE: ZTA 2013-03 Dam Break Inundation Zones
December 4, 2013
Page 2
If DCR determines that spillway design flood standards will be affected by the proposed development, require
that the developer either alter the plan of development so that spillway design flood standards will not be
affected or submit an engineering study with the final site plan to be reviewed by DCR.
Prior to development in a DBIZ that will impact the dam’s spillway design flood standards, require the
developer to pay 50% of the costs for necessary upgrades to the dam attributable to the development, plus an
administrative fee not to exceed 1% of the total amount of payment required or $1,000, whichever is less.
These costs and fees would be paid to the Dam Safety, Flood Prevention and Protection Assistance Fund
held by the Virginia Resources Authority.
When a development within a DBIZ is complete, require the developer to provide the dam owner, the County,
and any other affected localities with information necessary for the dam owner to update the DBIZ map to
reflect any new development within the DBIZ.
BUDGET IMPACT:
Staff does not anticipate that this ordinance will result in the need for additional staff or funding.
RECOMMENDATIONS:
After the public hearing, staff recommends adoption of the proposed ordinance amendment (Attachment A) effective
January 1, 2014.
ATTACHMENTS:
Attachment A: Proposed Zoning Ordinance Amendment
Attachment B: State Code References
Attachment C: Resolution of Intent for Dam Break Inundation Zones ZTA, April 23, 2013
Attachment D: Staff Report – Planning Commission Public Hearing, October 8, 2013
Attachment E: Action Memo – Planning Commission Public Hearing, October 8, 2013
View PC minutes
Return to agenda
Draft: 11/20/13
Attachment A
1
ORDINANCE NO. 13-18( )
AN ORDINANCE TO AMEND CHAPTER 18, ZONING, ARTICLE I, ADMINISTRATION, AND ARTICLE
IV, PROCEDURE, OF THE CODE OF THE COUNTY OF ALBEMARLE, VIRGINIA
BE IT ORDAINED By the Board of Supervisors of the County of Albemarle, Virginia, that Chapter 18, Zoning,
Article I, Administration, and Article IV, Procedure, are hereby amended and reordained as follows:
By Amending:
Sec. 3.1 Definitions
Sec. 32.4.1.3 Contents of preapplication plan
Sec. 32.4.2.8 Effect of approval of initial site plan on other future and pending approvals
Sec. 32.5.2 Contents of an initial site plan
Sec. 35.1 Fees
By Amending and Renaming:
Sec. 32.8.1 Completion of on-site improvements required prior to final site plan approval issuance of a
certificate of occupancy
By Adding:
Sec. 32.5.6 Dam break inundation zones
Sec. 32.6.4 Dam break inundation zones; engineering study and mapping information
Sec. 32.8.6 Dam break inundation zones; prerequisite to development
Chapter 18. Zoning
Article I. Administration
Sec. 3.1 Definitions
. . .
Dam break inundation zone. The term “dam break inundation zone” means the area downstream of a dam that
would be inundated or otherwise directly affected by the failure of a dam that has been mapped as provided in
Virginia Code § 10.1-606.2.
Development. The term “development,” as used in regulations pertaining to dam break inundation zones, means
one or more lots developed or to be developed as a unit under single ownership or unified control which is to be
used for any business or industrial purpose or is to contain three or more dwelling units, but does not include
any lot or lots that will be principally devoted to agricultural production.
Impounding structure. The term “impounding structure” means a man-made structure, whether a dam across a
watercourse or other structure outside a watercourse, used or to be used to retain or store waters or other
materials and includes: (i) all dams that are twenty-five (25) feet or greater in height and that create an
impoundment capacity of fifteen (15) acre-feet or greater; and (ii) all dams that are six (6) feet or greater in
height and that create an impoundment capacity of fifty (50) acre-feet or greater. The term “impounding
structure” does not include dams licensed by the State Corporation Commission that are subject to a safety
inspection program; dams owned or licensed by the United States government; dams operated primarily for
agricultural purposes which are less than twenty-five (25) feet in height or which create a maximum
Draft: 11/20/13
Attachment A
2
impoundment capacity smaller than one hundred (100) acre-feet; water or silt retaining dams approved pursuant
to Virginia Code § 45.1-222 or 45.1-225.1; or obstructions in a canal used to raise or lower water.
. . .
Article IV. Procedure
Section 32. Site Plans
Sec. 32.4.1.3 Contents of preapplication plan
Each preapplication plan shall contain the following information:
a. General information. The name of the development; names of the owner, developer and individual who
prepared the plan; tax map and parcel number; boundary dimensions; zoning district; descriptions of all
proffers, special use permits and conditions thereof, special exceptions and conditions thereof, variances
and conditions thereof, application plans, codes of development and bonus factors applicable to the site;
magisterial district; county and state; north point; scale; one datum reference for elevation (if the site
includes land subject to section 30.3, flood hazard overlay district, United States Geological Survey
vertical datum shall be shown and/or correlated to plan topography); the source of the topography;
departing lot lines; minimum setback lines, yard and building separation requirements; the source of the
survey; sheet number and total number of sheets; and the names of the owners, zoning district, tax map
and parcel numbers and present uses of abutting parcels.
b. Information regarding the proposed use. Written schedules or data as necessary to demonstrate that the
site can accommodate the proposed uses, including proposed uses and maximum acreage occupied by
each use; maximum number of dwelling units by type including the number of bedrooms for multi-
family dwellings; gross residential density; square footage of recreational areas, percentage and acreage
of open space; maximum square footage for commercial and industrial uses; maximum floor area ratio
and lot coverage for industrial uses; maximum height of all structures; schedule of parking including the
maximum amount required and the amount provided; the maximum amount of impervious cover on the
site; and whether a landscape plan is required under section 32.7.9.
c. Phase lines. If phasing is planned, phase lines.
d. Topography and proposed grading. Existing topography (up to twenty [20] percent slope, maximum
five [5] foot contours, over twenty [20] percent slope, maximum ten [10] foot contours) for the entire
site with sufficient offsite topography to describe prominent and pertinent offsite features and physical
characteristics, but in no case less than fifty (50) feet outside of the site unless otherwise approved by
the agent; proposed grading (maximum five [5] foot contours) supplemented where necessary by spot
elevations; areas of the site where existing slopes are critical slopes.
e. Landscape features. The existing landscape features as described in section 32.7.9.4(c).
f. Watercourses and other bodies of water. The name and location of all watercourses and other bodies of
water adjacent to or on the site; indicate whether the site is located within the watershed of a public
water supply reservoir.
g. Onsite sewage system setback lines. The location of onsite sewage system setback lines from
watercourses including intermittent streams and other bodies of water.
Draft: 11/20/13
Attachment A
3
h. Flood plain. The one hundred (100) year flood plain limits as shown on the official flood insurance
maps for Albemarle County.
i. Streets, easements and travelways. The existing and proposed streets, access easements, alley easements
and rights-of-way, and travelways, together with street names, state route numbers, right-of-way lines
and widths, and pavement widths.
j. Existing sewer and drainage facilities. The location and size of existing water and sewer facilities and
easements, the storm drainage system, and drainage easements.
k. Proposed sewer and drainage facilities. The proposed conceptual layout for water and sewer facilities
and the storm drainage system, indicating the direction of flow in all pipes and watercourses with
arrows.
l. Existing and proposed utilities. The location of other existing and proposed utilities and utility
easements, including existing telephone, cable, electric and gas easements.
m. Ingress and egress. The location of existing and proposed ingress to and egress from the site, showing
the distance to the centerline of the nearest existing street intersection.
n. Existing and proposed improvements. The location and dimensions of all existing and proposed
improvements including buildings (maximum footprint and height) and other structures; walkways;
fences; walls; trash containers; outdoor lighting; landscaped areas and open space; recreational areas
and facilities; parking lots and other paved areas; and loading and service areas.
o. Areas to be dedicated or reserved. All areas intended to be dedicated or reserved for public use.
p. Symbols and abbreviations. A legend showing all symbols and abbreviations used on the plan.
q. Dam break inundation zones. The limits of a dam break inundation zone.
State law reference – Va. Code §§ 15.2-2241(9), 15.2-2255, 15.2-2258, 15.2-2286(A)(8).
Sec. 32.4.2.8 Effect of approval of initial site plan on other future and pending approvals
The approval of an initial site plan affects the following pending and future approvals:
a. Issues pertaining to a certificate of appropriateness. An approved initial site plan that has complied
with the architectural review board’s requirements identified under section 32.4.2.2(b) shall be deemed
to be consistent with the applicable design guidelines pertaining to the elements of sections 30.6.4(c)(2),
(3) and (5) delineated in section 32.4.2.2(b)(1).
b. Erosion and sediment control plan and grading permit; conventional zoning districts. On any site
within a conventional zoning district, including any conventional zoning district also within an entrance
corridor overlay district, an approved initial site plan is an “approved site plan” within the meaning of
section 17-204(E). As such, an erosion and sediment control plan and corresponding grading permit
may be approved under chapter 17, provided that the developer has satisfied the conditions of approval
identified by the agent in the letter required by section 32.4.2.5(c), and further provided that any site
within a dam break inundation zone is subject to section 32.8.6.
c. Erosion and sediment control plan and grading permit; planned development zoning districts.
Notwithstanding section 8.5.5.4(c) but subject to sections 32.6.4 and 32.8.6, on any site within a
Draft: 11/20/13
Attachment A
4
planned development zoning district, including a planned development zoning district also within an
entrance corridor overlay district, an approved initial site plan is an “approved site plan” within the
meaning of section 17-204(E). As such, an erosion and sediment control plan and corresponding grading
permit may be approved under chapter 17, provided that the developer has satisfied the conditions of
approval identified by the agent in the letter required by section 32.4.2.5(c), and further provided that
any site within a dam break inundation zone is subject to section 32.8.6. Except as provided in sections
32.6.4 and 32.8.6, Nnothing in this section shall affect the ability of a developer to obtain approval of an
erosion and sediment control plan and corresponding grading permit prior to approval of an initial site
plan as provided in section 8.5.5.4(b).
State law reference – Va. Code §§ 10.1-563, 15.2-2241, 15.2-2286(A)(4), 15.2-2306.
Sec. 32.5.2 Contents of an initial site plan
Each initial site plan shall contain the following information:
a. General information. The name of the development; names of the owner, developer and individual who
prepared the plan; tax map and parcel number; boundary dimensions; zoning district; descriptions of all
proffers, special use permits and conditions thereof, special exceptions and conditions thereof, variances
and conditions thereof, application plans, codes of development and bonus factors applicable to the site;
magisterial district; county and state; north point; scale; one datum reference for elevation (where
section 30.3, flood hazard overlay district, is involved, United States Geological Survey vertical datum
shall be shown and/or correlated to plan topography); the source of the topography; departing lot lines;
minimum setback lines, yard and building separation requirements; the source of the survey; sheet
number and total number of sheets; and the names of the owners, zoning district, tax map and parcel
numbers and present uses of abutting parcels.
b. Information regarding the proposed use. Written schedules or data as necessary to demonstrate that the
site can accommodate the proposed uses, including proposed uses and maximum acreage occupied by
each use; maximum number of dwelling units by type including the number of bedrooms for multi-
family dwellings; gross residential density; square footage of recreational areas; the percentage and
acreage of open space; maximum square footage for commercial and industrial uses; maximum floor
area ratio and lot coverage for industrial use; maximum height of all structures; schedule of parking
including the maximum amount required and the amount provided; the maximum amount of impervious
cover on the site; and if a landscape plan is required, the maximum amount of paved parking and other
vehicular circulation areas.
c. Phase lines. If phasing is planned, phase lines and the proposed timing of development.
d. Topography and proposed grading. Existing topography (up to twenty [20] percent slope, maximum
five [5] foot contours, over twenty [20] percent slope, maximum ten [10] foot contours) for the entire
site with sufficient offsite topography to describe prominent and pertinent offsite features and physical
characteristics, but in no case less than fifty (50) feet outside of the site unless otherwise approved by
the agent; proposed grading (maximum five [5] foot contours) supplemented where necessary by spot
elevations; areas of the site where existing slopes are critical slopes.
e. Landscape features. The existing landscape features as described in section 32.7.9.4(c).
f. Watercourses and other bodies of water. The name and location of all watercourses and other bodies of
water adjacent to or on the site; indicate whether the site is located within the watershed of a public
water supply reservoir.
Draft: 11/20/13
Attachment A
5
g. Onsite sewage system setback lines. The location of onsite sewage system setback lines from
watercourses including intermittent streams and other bodies of water.
h. Flood plain. The one hundred year flood plain limits as shown on the official flood insurance maps for
Albemarle County.
i. Streets, easements and travelways. The existing and proposed streets, including proposed bike lanes,
access easements, alley easements and rights-of-way, and travelways, together with street names, state
route numbers, right-of-way lines and widths, centerline radii and pavement widths.
j. Existing sewer and drainage facilities. The location and size of existing water and sewer facilities and
easements, the storm drainage system, drainage channels, and drainage easements.
k. Proposed sewer and drainage facilities. The proposed conceptual layout for water and sewer facilities
and the storm drainage system, indicating the direction of flow in all pipes and watercourses with
arrows.
l. Existing and proposed utilities. The location of other existing and proposed utilities and utility
easements, including existing telephone, cable, electric and gas easements.
m. Ingress and egress. The location of existing and proposed ingress to and egress from the property,
showing the distance to the centerline of the nearest existing street intersection.
n. Existing and proposed improvements. The location and dimensions of all existing and proposed
improvements including buildings (maximum footprint and height) and other structures; walkways;
fences; walls; trash containers; outdoor lighting; landscaped areas and open space; recreational areas
and facilities; parking lots and other paved areas; loading and service areas; signs; and the proposed
paving material types for all walks, parking lots and driveways.
o. Areas to be dedicated or reserved. All areas intended to be dedicated or reserved for public use under
sections 32.7.1.1, 32.7.1.2 and 32.7.1.3, and shall include a note on the plan stating that the land is to be
dedicated or reserved for public use.
p. Landscape plan. A landscape plan that complies with section 32.7.9, if it is required to be submitted
with the initial site plan.
q. Traffic generation figures. If deemed appropriate by the agent due to the intensity of the development,
estimated traffic generation figures for the site based on current Virginia Department of Transportation
rates; indicate the estimated number of vehicles per day and the direction of travel for all connections
from the site to a public street.
r. Symbols and abbreviations. A legend showing all symbols and abbreviations used on the plan.
s. Additional information. The agent may require additional information to be shown on the initial site
plan as deemed necessary to provide sufficient information for the agent and the site review committee
to adequately review the plan.
t. Dam break inundation zones. The limits of a dam break inundation zone.
State law reference – Va. Code §§ 15.2-2241(1), 15.2-2258, 15.2-2286(A)(8).
Draft: 11/20/13
Attachment A
6
Sec. 32.5.6 Dam break inundation zones
If the proposed development is located wholly or partially within a dam break inundation zone, the site review
committee shall review the initial site plan as follows: (i) it shall review the dam break inundation zone map on
file with the county for the affected impounding structure; (ii) notify the dam owner about the proposed
development; and (iii) within ten (10) days after the application is deemed complete, send a written request to
the Virginia Department of Conservation and Recreation to make a determination of the potential impacts of the
proposed development on the spillway design flood standards required for the dam as provided in Virginia Code
§ 10.1-606.3.
State law reference--Va. Code §§ 10.1-606.3, 15.2-2243.1.
Sec. 32.6.4 Dam break inundation zones; engineering study and mapping information
If the proposed development is located wholly or partially within a dam break inundation zone, the developer
shall submit with the final site plan the following:
a. Engineering study. If the Virginia Department of Conservation and Recreation determines that a plan of
development proposed by a developer would change the spillway design flood standards of an
impounding structure pursuant to Virginia Code § 10.1-606.3, the developer shall submit an engineering
study in conformance with the Virginia Soil and Water Conservation Board’s standards under the
Virginia Dam Safety Act in Virginia Code § 10.1-604 et seq. and the Virginia Impounding Structure
regulations in 4 VAC 50-20. The engineering study shall be reviewed and acted upon by the Virginia
Department of Conservation and Recreation as provided in Virginia Code § 15.2-2243.1.
b. Mapping information. The developer shall provide the dam owner, the county, and any other affected
localities with information necessary for the dam owner to update the dam break inundation zone map to
reflect any new development within the dam break inundation zone following completion of the
development.
State law reference--Va. Code §§ 10.1-606.3, 15.2-2243.1.
Sec. 32.8.1 Completion of on-site improvements required prior to final site plan approval issuance of a
certificate of occupancy
Except as provided in section 32.8.2, all on-site improvements required by section 32.7 shall be completed prior
to approval of a final site plan issuance of a certificate of occupancy. Prior to approval of the final site plan
issuance of the certificate of occupancy:
a. Certification regarding all completed improvements. The developer shall submit to the agent a
certificate of completion of all of the improvements prepared by a professional engineer or a land
surveyor, to the limits of his license; and
b. Certification of payment. The developer shall certify to the agent that all of the construction costs for the
improvements, including those for materials and labor, have been paid to the person constructing the
improvements.
State law reference – Va. Code §§ 15.2-2241(5), 15.2-2241(9), 15.2-2255.
Sec. 32.8.6 Dam break inundation zones; prerequisite to development
Following the completion of the engineering studies in accordance with Virginia Code § 15.2-2243.1(A) and the
determination by the Virginia Department of Conservation and Recreation that the developer’s plan of
Draft: 11/20/13
Attachment A
7
development would change the spillway design flood standards of the impounding structure, before any
development within a dam break inundation zone:
a. Payment for portion of necessary upgrades. The developer shall pay fifty (50) percent of the contract-
ready costs for necessary upgrades to an impounding structure attributable to the development, together
with an administrative fee not to exceed one (1) percent of the total amount of payment required or one
thousand dollars ($1,000.00), whichever is less. Any payments shall be made to the Dam Safety, Flood
Prevention and Protection Assistance Fund held by the Virginia Resources Authority pursuant to
Virginia Code § 10.1-603.19:1. “Necessary upgrades” do not include costs associated with routine
operation, maintenance, and repair, nor do they include repairs or upgrades to the impounding structure
not made necessary by the proposed development; or
b. Redesign the development. The developer shall amend the site plan so that it does not alter the spillway
design flood standards required of the impounding structure.
State law reference--Va. Code §§ 10..1-606.3, 15.2-2243.1.
Sec. 35.1 Fees
Each applicant shall pay the following applicable fees, provided that neither the county nor the county school
board shall be required to pay any fee if it is the applicant:
. . .
d. Site plans:
1. Initial site plans: $1200.00 plus $15 per dwelling unit and $0.015 per square foot of
nonresidential structure; the fee paid for preapplication plans shall be applied to the fee for
initial site plans
2. Preapplication plans: $500.00
3. Final site plans: $1500.00
4. Exception to drawing of site plan under section 32.3.5(a): $1500.00
5. Site plan amendments under section 32.3.3(b): $500.00 (minor); $100.00 (letter of revision)
6. Site plan amendments under section 32.3.3(b) (major): $1500.00
7. Appeals under section 32.4.2.6: $240.00
8. Reinstatement of review under sections 32.4.2.1(d) and 32.4.3.1(e): $240.00
9. Reinstatement of review under section 32.4.2.5(e): $80.00
10. Extension of period of validity: $475.00
11. Inspections pertaining to secured site plan improvements; per inspection: $280.00
12. Deferral of scheduled public meeting at applicant’s request: $180.00
13. Dam break inundation zones; administrative fee as required by section 32.8.6: One percent of
the total amount of payment required by section 32.8.6 or one thousand dollars ($1,000.00),
whichever is less. (Payment made to the Dam Safety, Flood Prevention and Protection
Assistance Fund held by the Virginia Resources Authority).
. . .
Except as provided in subsection (d)(13), tThe fee shall be in the form of cash or a check payable to the “County
of Albemarle.” An application presented without the required fee shall not be deemed to be submitted and shall
not be processed, provided that for applications for zoning map amendments and special use permits, the fee
shall be paid when the application is determined to be complete. If the zoning administrator determines after a
fee has been paid that the review and approval to which the fee pertains is not required to establish the use or
structure, the fee shall be refunded to the applicant in full.
Draft: 11/20/13
Attachment A
8
(Amended 5- 5-82; 9-1-85; 7-1-87; 6-7-89; 12-11-91 to be effective 4-1-92; 7- 8-92; Ord. 10-18(7), adopted 8-4-
10, effective 1-1-11; Ord. 11-18(1), 1-12-11; Ord. 11-18(7), 6-1-11; Ord. 12-18(6), 10-3-12, effective 1-1-13;
Ord. 12-18(7), 12-5-12, effective 4-1-13)
State law reference – Va. Code §§ 15.2-2286(A)(6), 15.2-2241(9), 15.2-2243.1.
This ordinance is effective on and after January 1, 2014.
Return to exec summary
ATTACHMENT B
1
§ 10.1-604. Definitions.
"Dam break inundation zone" means the area downstream of a dam that would be inundated or otherwise
directly affected by the failure of a dam.
§ 10.1-606.2. Mapping of dam break inundation zones.
A. An owner of an impounding structure shall prepare a map of the dam break inundation zone for the
impounding structure in accordance with criteria set out in the Virginia Impounding Structure Regulations
(4VAC 50-20). Existing maps prepared by the locality in accordance with these regulations may be used
for this purpose.
B. All maps prepared in accordance with subsection A shall be filed with the Department of Conservation
and Recreation and with the offices with plat and plan approval authority or zoning responsibilities as
designated by the locality for each locality in which the dam break inundation zone resides.
C. Owners of impounding structures may be eligible for matching grants of up to 50 percent from the Dam
Safety, Flood Prevention and Protection Assistance Fund and other sources of funding available to the
Director to assist in the development of dam break inundation zone maps and for conducting incremental
damage assessments in accordance with the Virginia Impounding Structure Regulations.
D. All properties identified within the dam break inundation zone shall be incorporated by the owner into
the dam safety emergency action plan of that impounding structure so as to ensure the proper notification
of persons downstream and other affected persons or property owners in the event of an emergency
condition at the impounding structure.
(2008, c. 491.)
§ 10.1-606.3. Requirement for development in dam break inundation zones.
A. For any development proposed within the boundaries of a dam break inundation zone that has been
mapped in accordance with § 10.1-606.2, the locality shall, as part of a preliminary plan review pursuant
to § 15.2-2260, or as part of a plan review pursuant to § 15.2-2259 if no preliminary review has been
conducted, (i) review the dam break inundation zone map on file with the locality for the affected
impounding structure, (ii) notify the dam owner, and (iii) within 10 days forward a request to the
Department of Conservation and Recreation to make a determination of the potential impacts of the
proposed development on the spillway design flood standards required of the dam. The Department shall
notify the dam owner and the locality of its determination within 45 days of the receipt of the request.
Upon receipt of the Department's determination, the locality shall complete the review in accordance with
§ 15.2-2259 or 15.2-2260. If a locality has not received a determination within 45 days of the
Department's receipt of the request, the Department shall be deemed to have no comments, and the
locality shall complete its review. Such inaction by the Department shall not affect the Board's authority to
regulate the impounding structure in accordance with this article.
If the Department determines that the plan of development would change the spillway design flood
standards of the impounding structure, the locality shall not permit development as defined in § 15.2-2201
or redevelopment in the dam break inundation zone unless the developer or subdivider agrees to alter the
plan of development so that it does not alter the spillway design flood standard required of the
impounding structure or he contributes payment to the necessary upgrades to the affected impounding
structure pursuant to § 15.2-2243.1.
ATTACHMENT B
2
The developer or subdivider shall provide the dam owner and all affected localities with information
necessary for the dam owner to update the dam break inundation zone map to reflect any new
development within the dam break inundation zone following completion of the development.
The requirements of this subsection shall not apply to any development proposed downstream of a dam
for which a dam break inundation zone map is not on file with the locality as of the time of the official
submission of a development plan to the locality.
B. The locality is authorized to map the dam break inundation zone in accordance with criteria set out in
the Virginia Impounding Structure Regulations (4VAC 50-20) and recover the costs of such mapping from
the owner of an impounding structure for which a dam break inundation zone map is not on file with the
locality and a map has not been prepared by the impounding structure owner.
C. This section shall not be construed to supersede or conflict with the authority granted to the
Department of Mines, Minerals and Energy for the regulation of mineral extraction activities in the
Commonwealth as set out in Title 45.1. Nothing in this section shall be interpreted to permit the
impairment of a vested right in accordance with § 15.2-2307.
(2008, c. 491.)
§ 15.2-2201. Definitions.
As used in this chapter, unless the context requires a different meaning:
"Development" means a tract of land developed or to be developed as a unit under single ownership or
unified control which is to be used for any business or industrial purpose or is to c ontain three or more
residential dwelling units. The term "development" shall not be construed to include any tract of land
which will be principally devoted to agricultural production.
§ 15.2-2241. Mandatory provisions of a subdivision ordinance.
A. A subdivision ordinance shall include reasonable regulations and provisions that apply to or provide:
3. For adequate provisions for drainage and flood control, for adequate provisions related to the failure of
impounding structures and impacts within dam break inundation zones, and other public purposes, and
for light and air, and for identifying soil characteristics;
§ 15.2-2243.1. Payment by developer or subdivider.
A. If the Department of Conservation and Recreation determines that a plan of development p roposed by
a developer or subdivider is wholly or partially within a dam break inundation zone and would change the
spillway design flood standards of an impounding structure pursuant to § 10.1-606.3, a locality shall
require, prior to its final approval of a subdivision or development, that a developer or subdivider of land
submit an engineering study in conformance with the Virginia Soil and Water Conservation Board's
standards under the Virginia Dam Safety Act (§ 10.1-604 et seq.) and the Virginia Impounding Structure
Regulations (4 VAC 50-20). The study shall provide a contract-ready cost estimate for conducting the
upgrades. The Department of Conservation and Recreation shall verify that the study conforms to the
Board's standards. Following receipt of a study, the Department shall have 15 days to determine whether
the study is complete. The Department shall notify the developer or subdivider of any specific deficiencies
that cause the study to be determined to be incomplete. Following a determination that a submission is
ATTACHMENT B
3
complete, the Department shall notify the developer or subdivider of its approval or denial within 45 days.
Any decision shall be communicated in writing and shall state the reasons for any disapproval.
B. Following the completion of the engineering studies in accordance with subsection A, and prior to any
development within the dam break inundation zone, a locality shall require that a developer or subdivider
of land pay 50 percent of the contract-ready costs for necessary upgrades to an impounding structure
attributable to the development or subdivision, together with administrative fees not to exceed one
percent of the total amount of payment required or $1,000, whichever is less. Necessary upgrades shall
not include costs associated with routine operation, maintenance, and repair, nor shall necessary
upgrades include repairs or upgrades to the impounding structure not made necessary by the proposed
development or subdivision.
C. Where a payment under subsection B is required, such payment shall be made by the developer or
subdivider in accordance with the following provisions:
1. A locality may elect to receive such payment. Upon receipt, payments shall be kept in a separate
account by the locality for each individual improvement project until such time as they are expended for
the improvement project; however, any funds not committed by the dam owner within six years of the time
of deposit shall be refunded to the developer or subdivider. The locality may issue an extension of up to
an additional four years for the use of the funds if the dam owner shows that sufficient progress is being
made to justify the extension and the extension is approved by the Virginia Soil and Water Conservation
Board prior to the expiration of the six-year period. Should the locality be unable to locate the developer
or subdivider following a period of 12 months and the exercise of due diligence, the funds shall be
deposited in the Dam Safety, Flood Prevention and Protection Assistance Fund for the provision of grants
and loans. Any locality maintaining an account in accordance with this section may charge an
administrative fee, not to exceed one percent of the total amount of payment received or $1,000,
whichever is less.
2. If the locality elects not to receive such payment, any payments shall be made to the Dam Safety,
Flood Prevention and Protection Assistance Fund pursuant to § 10.1-603.19:1. The funds shall be held by
the Virginia Resources Authority for each improvement project until such time as they are expended for
the improvement project; however, any funds not committed by the dam owner within six years of the time
of deposit shall be refunded to the developer or subdivider. The Board may issue an extension of up to an
additional four years for the use of the funds if the dam owner shows that sufficient progress is being
made. Should the Department of Conservation and Recreation be unable to locate the developer or
subdivider following a period of 12 months and the exercise of due diligence, the funds shall be deposited
in the Dam Safety, Flood Prevention and Protection Assistance Fund for the provision of grants and
loans. The Virginia Resources Authority shall not have any liability for the completion of any project
associated with the moneys they manage in the Dam Safety, Flood Prevention and Protection Assistance
Fund.
D. No locality shall be required to assume financial responsibility for upgrades except as an owner of an
impounding structure.
E. The owner of the impounding structure shall retain all liability associated with upgrades in accordance
with § 10.1-613.4.
(2008, c. 491.)
4VAC50-20-40. Hazard potential classifications of impounding structures.
ATTACHMENT B
4
A. Impounding structures shall be classified in one of three hazard classifications as defined in subsection
B of this section and Table 1.
B. For the purpose of this chapter, hazards pertain to potential l oss of human life or damage to the
property of others downstream from the impounding structure in event of failure or faulty operation of the
impounding structure or appurtenant facilities. Hazard potential classifications of impounding structures
are as follows:
1. High Hazard Potential is defined where an impounding structure failure will cause probable loss of life
or serious economic damage. "Probable loss of life" means that impacts will occur that are likely to cause
a loss of human life, including but not limited to impacts to residences, businesses, other occupied
structures, or major roadways. Economic damage may occur to, but not be limited to, building(s),
industrial or commercial facilities, public utilities, major roadways, railroads, personal p roperty, and
agricultural interests. "Major roadways" include, but are not limited to, interstates, primary highways, high -
volume urban streets, or other high-volume roadways, except those having an AADT volume of 400
vehicles or less in accordance with 4VAC50-20-45.
2. Significant Hazard Potential is defined where an impounding structure failure may cause the loss of life
or appreciable economic damage. "May cause loss of lif e" means that impacts will occur that could cause
a loss of human life, including but not limited to impacts to facilities that are frequently utilized by humans
other than residences, businesses, or other occupied structures, or to secondary roadways. Eco nomic
damage may occur to, but not be limited to, building(s), industrial or commercial facilities, public utilities,
secondary roadways, railroads, personal property, and agricultural interests. "Secondary roadways"
include, but are not limited to, secondary highways, low-volume urban streets, service roads, or other low-
volume roadways, except those having an AADT volume of 400 vehicles or less in accordance with
4VAC50-20-45.
3. Low Hazard Potential is defined where an impounding structure failure would result in no expected loss
of life and would cause no more than minimal economic damage. "No expected loss of life" means no
loss of human life is anticipated.
C. To support the appropriate hazard potential classification, dam break analysis shall be conducted by
the owner's engineer or the department in accordance with one of the following alternatives and utilizing
procedures set out in 4VAC50-20-54.
1. The owner of an impounding structure that does not currently hold a regular or conditional certificate
from the board, or the owner of an impounding structure that is already under certificate b ut the owner
believes that a condition has changed downstream of the impounding structure that may reduce its
hazard potential classification, may request in writing that the department conduct a simplified dam break
inundation zone analysis to determine whether the impounding structure has a low hazard potential
classification. The owner shall pay a fee to the department in accordance with 4VAC50-20-395 for
conducting each requested analysis. The department shall address requests in the order received and
shall strive to complete analysis within 90 days; or
2. The owner may propose a hazard potential classification that shall be subject to approval by the board.
To support the proposed hazard potential classification, an analysis shall be conducted by the owner's
engineer and submitted to the department. The hazard potential classification shall be certified by the
owner.
D. Findings of the analysis conducted pursuant to subsection C of this section shall result in one of the
following actions:
ATTACHMENT B
5
1. For findings by the department resulting from analyses conducted in accordance with subdivision C 1
of this section:
a. If the department finds that the impounding structure appears to have a low hazard potential
classification, the owner may be eligible for general permit coverage in accordance with 4VAC50-20-103.
b. If the department finds that the impounding structure appears to have a high or significant hazard
potential classification, the owner's engineer shall provide further analysis in accordance with the
procedures set out in 4VAC50-20-54 and this chapter. The owner may be eligible for grant assistance
from the Dam Safety, Flood Prevention and Protection Assistance Fund in accordance with Article 1.2 (§
10.1-603.16 et seq.) of Chapter 6 of Title 10.1 of the Code of Virginia.
2. For findings by the owner's engineer resulting from analyses conducted in accordance with subdivision
C 2 of this section:
a. If the engineer finds that the impounding structure has a low hazard potential classification, the owner
may be eligible for general permit coverage in accordance with 4VAC50-20-103; or
b. If the engineer finds that the impounding structure appears to have a high or significant hazard
potential classification, then the owner shall comply with the applicable certification requirements set out
in this chapter.
E. An incremental damage analysis in accordance with 4VAC50-20-52 may be utilized as part of a hazard
potential classification by the owner's engineer.
F. Impounding structures shall be subject to reclassification by the board as nec essary.
Statutory Authority
§ 10.1-605 of the Code of Virginia.
Historical Notes
Derived from VR625-01-00 § 1.4, eff. February 1, 1989; amended, Virginia Register Volume 24, Issue 25,
eff. September 26, 2008; Volume 29, Issue 2, eff. November 8, 2012.
ATTACHMENT C
RESOLUTION OF INTENT
WHEREAS, State law requires that the owners of State-regulated dams conduct dam break
analyses to, among other things, allow the dam to be classified based on its potential hazard to life and
property, delineate the dam’s “dam break inundation zone,” and to incorporate all affected properties
into its dam safety emergency action plan; and
WHEREAS, State law also requires that any proposed development within a mapped dam
break inundation zone be subject to review by the State Department of Conservation and Recreation to
determine the development’s impact on the dam’s spillway design flood standards, and prohibits the
County from approving the development if it would change the dam’s spillway design flood standards
unless the developer alters the plan of development so that the standards are not changed by the
development or the developer contributes payment to the dam owner for the necessary upgrades to the
dam; and
WHEREAS, Virginia Code § 15.2-2241 requires that the County’s site plan regulations
include “adequate provisions related to the failure of impounding structures and impacts within dam
break inundation zones.”
WHEREAS, it is now desired to consider amending the regulations in the Zoning Ordinance to
incorporate the requirements and procedures pertaining to dam break inundation zones.
NOW, THEREFORE, BE IT RESOLVED THAT for purposes of public necessity,
convenience, general welfare and good zoning practices, the Albemarle County Planning Commission
hereby adopts a resolution of intent to consider amending County Code § 18-32 and any other sections
deemed appropriate, as described herein; and
BE IT FURTHER RESOLVED THAT the Planning Commission shall hold a public hearing
on this resolution of intent, and return its recommendations to the Board of Supervisors at the earliest
possible date.
* * * * *
Planning Commission Public Hearing – ZTA 2013-03 Dam Break Inundation Zones
October 8, 2013
COUNTY OF ALBEMARLE
EXECUTIVE SUMMARY
AGENDA TITLE: ZTA 2013-03 Dam Break
Inundation Zones
SUBJECT/PROPOSAL/REQUEST: Public Hearing
– Amend the Zoning Ordinance to Comply with
State Requirements Concerning Development in
Dam Break Inundation Zones
STAFF CONTACT(S): Amanda Burbage, Amelia
McCulley, Michael Koslow, and Greg Kamptner
AGENDA DATE: October 8, 2013
ACTION: X INFORMATION:
CONSENT AGENDA:
ACTION: INFORMATION:
ATTACHMENTS: Yes
BACKGROUND:
In 2008, Virginia passed legislation requiring localities to undergo a new review process for development occurring within
a dam break inundation zone (Attachment A). According to the Virginia Code, a dam break inundation zone (DBIZ) is “the
area downstream of a dam that would be inundated or otherwise directly affected by the failure of a dam.” Development is
defined as “one or more lots developed or to be developed as a unit under single ownership or unified control which is to
be used for any business or industrial purpose or is to contain three or more dwelling units, but does not include any lot or
lots that will be principally devoted to agricultural production.”
Dam owners are required to conduct a dam break analysis to support the appropriate hazard classification of the
impounding structure in accordance with the Virginia Administrative Code. An owner of a state regulated dam is also
required to provide the locality in which the dam is located with a map of its DBIZ and incorporate all affected properties
into its dam safety emergency action plan. There is no timeframe associated with this mandate, and localities are not
responsible for reviewing development proposed in a DBIZ for which the locality does not have a map on file when the
development plan is submitted.
There are currently 109 state regulated dams in Albemarle County. The County has received DBIZ mapping for four of
these dams. Community Development’s Zoning Division is the designated point of intake for DBIZ mapping. When a map
is received, it is passed along to Information Services staff to be incorporated into CountyView and G IS-Web so that
parcels within a DBIZ can be identified by staff and the general public. Planning staff then follow the required review
process when reviewing any site plan or subdivision application that falls within a DBIZ.
On April 23, 2013 the Board of Supervisors adopted a resolution of intent to amend the zoning and subdivision ordinances
in order to comply with state requirements (Attachment B). The proposed zoning text amendment addresses revisions to
the site plan review process for properties that fall within a DBIZ. STA 2012-02 will implement the corresponding changes
to the subdivision ordinance.
STRATEGIC PLAN:
Goal 5. Ensure the health and safety of the community.
DISCUSSION:
The major changes in the proposed ordinance include:
Added definitions for “dam break inundation zone”, “development”, and “impounding structure”
Requiring that a DBIZ be depicted on the pre-application plan & initial site plan
Should the proposed development fall within a DBIZ, requiring that 1) the dam owner is notified about the
ATTACHMENT D
Planning Commission Public Hearing – ZTA 2013-03 Dam Break Inundation Zones
October 8, 2013
proposed development, and 2) DCR is notified within 10 days to make a determination as to whether or not the
proposed development will impact the dam’s spillway design flood standards
Should DCR determine that spillway design flood standards will be affected by the proposed development:
o The developer will be required to 1) alter the plan of development so that spillway design flood standards
will not be affected, or 2) submit an engineering study with the final site plan to be reviewed by DCR.
o Prior to development in a DBIZ, the developer must pay 50% of the costs for necessary upgrades to a
dam attributable to the development, plus an administrative fee not to exceed 1% of the total amount of
payment required or $1,000, whichever is less, to the Dam Safety, Flood Prevention and Protection
Assistance Fund held by the Virginia Resources Authority.
o Once development within a DBIZ is complete, the developer will be required to provide the dam owner,
the county, and any other affected localities with information necessary for the dam owner to update the
DBIZ map to reflect any new development within the DBIZ.
BUDGET IMPACT: Staff does not anticipate that this ordinance will result in the need for additional staff or
funding.
STAFF RECOMMENDATION: Staff recommends adoption of the proposed ordinance amendments.
PLANNING COMMISSION MOTION
A. Should a Planning Commissioner choose to recommend approval of this Zoning Text Amendment:
Move to recommend approval of the draft ordinance in Attachment C.
B. Should a Planning Commissioner choose to recommend denial of this Zoning Text Amendment:
Move to recommend denial of the draft ordinance in Attachment C. Should a commissioner motion to
recommend denial, he or she should state the reason(s) for recommending denial.
Attachments:
Attachment A: State Code References
Attachment B: Resolution of Intent for Dam Break Inundation Zones ZTA
Attachment C: Proposed Zoning Ordinance Amendments
ATTACHMENT D
Planning Commission
Final Action Memo 10-08-2013
1
FINAL ACTIONS
Planning Commission Meeting of October 8, 2013
AGENDA ITEM/ACTION
FOLLOW-UP ACTION
1. Call to Order.
Meeting was called to order at 6:00 p.m.
by Mr. Morris, Chair. PC members
present were Mr. Dotson, Mr. Loach, Mr.
Franco, Mr. Randolph, Mr. Morris, Chair;
Mr. Smith, and Mr. Lafferty, Vice-Chair.
Ms. Monteith was absent.
Staff present was Sarah Baldwin, Michael
Koslow, Bill Fritz, Amanda Burbage,
Amelia McCulley, Wayne Cilimberg,
Sharon Taylor, Glenn Brooks and Greg
Kamptner.
2. Other Matters Not on the Agenda from the
Public
None
3. Committee Reports
The following committee reports were given:
Mr. Randolph reported that the Historic
Preservation Committee met with the City of
Charlottesville Historic Resources Committee
on September 23 and discussed the Court
House expansion.
Mr. Randolph reported that about 20
neighbors attended last night’s meeting on
Vito Cetta’s Springhill Village, which is
proposed for the Parham property on
Scottsville Road.
Mr. Dotson reported on the MPO Technical
Committee’s consideration of the preferred
scenario for the Long Range Transportation
Plan.
Mr. Lafferty reported there was a MPO
Policy Board meeting last week that he was
unable to attend.
Mr. Loach reported the fundraising efforts for
the Crozet Library have exceeded one million
dollars.
Staff:
None
ATTACHMENT E
Planning Commission
Final Action Memo 10-08-2013
2
Mr. Randolph reported about his attendance
at a neighborhood meeting regarding the
application for the Trump golf course.
4. Review of Board of Supervisors Meeting –
September 11, 2013 & October 2, 2013.
Mr. Cilimberg reviewed the actions taken by
the Board of Supervisors on September 11,
2013 and October 2, 2013.
Staff:
None
5. Consent Agenda
Approval of Minutes: 7-23-2013
APPROVED CONSENT AGENDA, by a
vote of 7:0.
Clerk:
Finalize Minutes for signature
6. Deferred Item.
ZMA-2013-00009 Albemarle
Place/Stonefield
PROPOSAL: Request to amend the
Application Plan and Code of Development
to add a service station on property zoned
NMD which allows residential (3 – 34
units/acre) mixed with commercial, service
and industrial uses. No new dwellings or
change in residential density proposed.
PURPOSE OF NOTICE AND HEARING:
Intention of the Planning Commission to
make recommendation on the Proposal to the
Board of Supervisors
ENTRANCE CORRIDOR: Yes
PROFFERS: Yes
COMPREHENSIVE PLAN: Designated
Urban Mixed Use (in Destination Center) –
retail, residential, commercial, employment,
office, institutional, and open space; Urban
Mixed Use (in areas around Centers) –
commercial and retail uses that are not
accommodated in Centers; and Commercial
Mixed Use – commercial, retail, employment
uses, with supporting residential, office, or
institutional uses.
LOCATION: Northwest corner Hydraulic
Road (Rt. 743) and Seminole Trail (US 29) in
Neighborhood 1.
TAX MAP/PARCEL: 061W0-03-00-019A0,
061W0-03-00-019B0, 061W0-03-00-02300,
061W0-03-00-02400, 061W0-03-00-019E2
Clerk:
Action Letter – ZMA-2013-00009
recommended for approval with changes to
the Application Plan to address technical
issues/corrections, and to include the
additional provision that the service station
use will be restricted to Block F and the
Code of Development will be further revised
to limit the service station use to be
accessory to a primary retail use.
Direction: The Commission asked the
applicant and staff to work out the
internal transportation issues before the
Board meeting or provide the flexibility
for them to be addressed at site plan
level. The matter will go before the
Board of Supervisors on November 13,
2013.
ATTACHMENT E
Planning Commission
Final Action Memo 10-08-2013
3
MAGISTERIAL DISTRICT: Jack Jouett
(Sarah Baldwin)
DEFERRED FROM THE SEPTEMBER
17, 2013 PLANNING COMMISSION
MEETING
RECOMMEND APPROVAL OF ZMA-
2013-00009, by a vote of 7:0, as
recommended by staff with changes to the
Application Plan to address technical
issues/corrections, and to include the
additional provision that the service station
use will be restricted to Block F and the Code
of Development will be further revised to
limit the service station use to be accessory to
a primary retail use.
Direction: The Commission asked the
applicant and staff to work out the internal
transportation issues before the Board
meeting or provide the flexibility for them to
be addressed at site plan level.
7. Public Hearing Item:
STA-2012-00002 Subdivision Plat Process
Improvements
The Planning Commission will hold a public
hearing to receive comments on its intent to
recommend an ordinance to amend Chapter
14, Subdivision of Land, of the Albemarle
County Code. This ordinance would add and
delete definitions (Sec. 106, Definitions),
amend the requirements and procedures for
administering Chapter 14 and the procedures
for submitting, reviewing and acting on
subdivision plats, easement plats, and related
variations and exceptions (Secs. 14-200
through 14-231.1), including eliminating
planning commission review of plats except
on appeal from an action by the agent and
requests for certain variations or exceptions,
requiring an approved valid preliminary plat
prior to submitting a final plat for certain
classes of subdivisions, reorganizing such
regulations, deleting certain fee
classifications for processes no longer
required and amending the terminology of
other fee classifications (Sec. 14-203, Fees)
and to impose the minimum fee required by
Clerk:
Action Letter – Recommend Approval of
STA-2012-00002 Subdivision Plat
Process Improvements, by a vote of 7:0,
with the ordinance language proposed by
staff.
The matter will go before the Board of
Supervisors on November 13, 2013.
ATTACHMENT E
Planning Commission
Final Action Memo 10-08-2013
4
Virginia Code § 15.2-2243.1 related to the
subdividers’ share of the contract-ready costs
for necessary upgrades to an impounding
structure, which fee is one percent of total
amount of payment or one thousand dollars
($1,000.00), whichever is less; amending the
regulations pertaining to plat requirements
(Secs. 14-300 through 14-318) by making
technical corrections and adding requirements
for information for stream crossings (Sec. 14-
307, Stream crossings) and dam break
inundation zones by imposing requirements
on the site review committee when reviewing
a preliminary plat for development in a dam
break inundation zone (Sec. 14-307.1, Dam
break inundation zones) and requiring the
subdivider to submit an engineering study and
mapping information in prescribed
circumstances. (Sec. 14-318, Dam break
inundation zones; engineering study and
mapping information); amending the
regulations pertaining to onsite improvements
and design (Sec. 14-400 through 14-441) by
making technical corrections, amending
sections those authorizing waivers to instead
authorize “variations or exceptions,” updating
regulations pertaining to securing
improvements and the release of security
(Secs. 14-435 through 14-436), and adding
regulations pertaining to dam break
inundation zones which impose requirements
before development may occur in dam break
inundation zones, as required by State law
(Sec. 14-441, Dam break inundation zones;
prerequisites to development). In addition to
the foregoing regulations pertaining to dam
break inundation zones, this ordinance would
amend Sec. 14-302, Contents of preliminary
plat, to require information pertaining to dam
break inundation zones be shown on plats
and, the regulations in new Sec. 14-225,
Effect of approval of preliminary plat on
other future and pending approvals, would
refer to new Sec. 14-441, Dam break
inundation zones; prerequisites to
development. A copy of the full text of the
ordinance, and the statutory documentation
pertaining to the proposed fee being imposed,
is on file in the office of the Clerk of the
ATTACHMENT E
Planning Commission
Final Action Memo 10-08-2013
5
Board of Supervisors and in the Department
of Community Development, County Office
Building, 401 McIntire Road, Charlottesville,
Virginia. (Bill Fritz)
RECOMMEND APPROVAL OF STA-
2012-00002, by a vote of 7:0, with the
ordinance language as recommended by staff.
8. ZTA-2013-00003 Dam Break Inundation
Zones
The Planning Commission will hold a public
hearing to receive comments on its intent to
recommend an ordinance to amend Chapter
18, Subdivision of Land, of the Albemarle
County Code by adding regulations
pertaining to proposed development within
dam break inundation zones, as required by
State law. This ordinance would amend Sec.
18-3.1, Definitions, by adding definitions,
Secs. 18-32.4.1.3, Contents of preapplication
plan, and 18-32.5.2, Contents of an initial site
plan, by requiring information pertaining to
dam break inundation zones be shown on
those plans, and Sec. 18-32.4.2.8, Effect of
approval of initial site plan on other future
and pending approvals, to refer to new Sec.
18-32.8.6, Dam break inundation zones;
prerequisites to development. New Sec. 18-
32.8.6 imposes requirements before
development may occur in dam break
inundation zones, as required by State law. In
addition to adding Sec. 18-32.8.6, this
ordinance would add Sec. 18-32.5.6, Dam
break inundation zones, to impose certain
requirements on the site review committee
when reviewing a site plan in a dam break
inundation zone, and Sec. 18-32.6.4, Dam
break inundation zones; engineering study
and mapping information, which requires the
developer to submit an engineering study and
mapping information in prescribed
circumstances. This ordinance also would
make a technical amendment to Sec. 18-
32.8.1, Completion of on-site improvements
required prior to final site plan approval, to
provide that required improvements must be
completed prior to issuance of a certificate of
occupancy and amend Sec. 35.1, Fees, to
impose the minimum fee required by Virginia
Clerk:
Action Letter – ZTA-2013-00003
recommended for approval by a vote of
6:1 (Smith voted no) as recommended by
staff as outlined in Attachment C of the
staff report. (See Staff Report)
The matter will go before the Board of
Supervisors on November 13.
ATTACHMENT E
Planning Commission
Final Action Memo 10-08-2013
6
Code § 15.2-2243.1 related to the developers’
share of the contract-ready costs for necessary
upgrades to an impounding structure, which
fee is one percent of total amount of payment
or one thousand dollars ($1,000.00),
whichever is less. A copy of the full text of
the ordinance, and the statutory
documentation pertaining to the proposed fee
being imposed, is on file in the office of the
Clerk of the Board of Supervisors and in the
Department of Community Development,
County Office Building, 401 McIntire Road,
Charlottesville, Virginia. (Mandy Burbage)
RECOMMEND APPROVAL OF ZTA-
2013-00003, by a vote of 6:1 (Smith voted
no), with the ordinance language proposed by
staff as outlined in Attachment C of the
executive summary.
6. New Business
THE NEXT PLANNING COMMISSION
MEETING WILL BE HELD ON
TUESDAY, OCTOBER 15, 2013 AT
6:00 p.m.
Staff:
None
7. Old Business
None
Staff:
None
8. ADJOURN TO October 15, 2013, 401
MCINTIRE ROAD, AUDITORIUM,
SECOND FLOOR,
CHARLOTTESVILLE, VIRGINIA.
The meeting was adjourned at 7:40 p.m.
ATTACHMENT E
ALBEMARLE COUNTY PLANNING COMMISSION – OCTOBER 8, 2013
DRAFT MINUTES – Submitted to PC for Approval
1
Albemarle County Planning Commission
October 8, 2013
The Albemarle County Planning Commission held a public hearing on Tuesday, October 8, 2013, at 6:00
p.m., at the County Office Building, Auditorium, Second Floor, 401 McIntire Road, Charlottesville, Vir ginia.
Members attending were Ed Smith, Richard Randolph, Bruce Dotson, Thomas Loach, Don Franco,
Calvin Morris, Chair; and Russell (Mac) Lafferty, Vice Chair.
Julia Monteith, AICP, Senior Land Use Planner for the University of Virginia was absent.
Other officials present were Amelia McCulley, Director of Zoning/Zoning Administrator; Amanda Burbage,
Senior Planner; Sarah Baldwin, Senior Planner; Bill Fritz, Chief of Special Projects; Glen Brooks, County
Engineer; Michael Koslow, Engineer; Sharon Taylor, Clerk to Planning Commission; Wayne Cilimberg,
Director of Planning; and Greg Kamptner, Deputy County Attorney.
Call to Order and Establish Quorum:
Mr. Morris, Chair, called the regular meeting to order at 6:00 p.m. and established a quorum.
Public Hearing Items
ZTA-2013-00003 Dam Break Inundation Zones
The Planning Commission will hold a public hearing to receive comments on its intent to recommend an
ordinance to amend Chapter 18, Subdivision of Land, of the Albemarle County Code by addi ng
regulations pertaining to proposed development within dam break inundation zones, as required by State
law. This ordinance would amend Sec. 18-3.1, Definitions, by adding definitions, Secs. 18-32.4.1.3,
Contents of preapplication plan, and 18-32.5.2, Contents of an initial site plan, by requiring information
pertaining to dam break inundation zones be shown on those plans, and Sec. 18-32.4.2.8, Effect of
approval of initial site plan on other future and pending approvals, to refer to new Sec. 18 -32.8.6, Dam
break inundation zones; prerequisites to development. New Sec. 18 -32.8.6 imposes requirements before
development may occur in dam break inundation zones, as required by State law. In addition to adding
Sec. 18-32.8.6, this ordinance would add Sec. 18-32.5.6, Dam break inundation zones, to impose certain
requirements on the site review committee when reviewing a site plan in a dam break inundation zone,
and Sec. 18-32.6.4, Dam break inundation zones; engineering study and mapping information, which
requires the developer to submit an engineering study and mapping information in prescribed
circumstances. This ordinance also would make a technical amendment to Sec. 18-32.8.1, Completion of
on-site improvements required prior to final site plan approval, to provide that required improvements
must be completed prior to issuance of a certificate of occupancy and amend Sec. 35.1, Fees, to impose
the minimum fee required by Virginia Code § 15.2-2243.1 related to the developers’ share of the contract -
ready costs for necessary upgrades to an impounding structure, which fee is one percent of total amount
of payment or one thousand dollars ($1,000.00), whichever is less. A copy of the full text of the ordinance,
and the statutory documentation pertaining to the proposed fee being imposed, is on file in the office of
the Clerk of the Board of Supervisors and in the Department of Community Development, County Office
Building, 401 McIntire Road, Charlottesville, Virginia. (Mandy Burbage)
Ms. Burbage presented a PowerPoint presentation and summarized the proposal for ZTA-2013-00003
Dam Break Inundation Zones (DBIZ).
Dam Break Inundation Zones (DBIZ) is the area downstream of a dam that would be affected in the case
of a dam failure. She would shorten that to DBIZ during the presentation.
Background
The genesis of this zoning text amendment and the subdivision text amendment actually originates with
state legislation that was passed back in 2008 to address development in a Dam Break Inundation Zone
downstream of a state regulated dam.
ALBEMARLE COUNTY PLANNING COMMISSION – OCTOBER 8, 2013
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2
• 2008 – VA passes DBIZ legislation
• Dam owners must submit DBIZ maps to localities
• Development in a mapped DBIZ subject to review by DCR
• Developers share cost for dam upgrades
• April 23, 2013 – Resolution of Intent (ROI) to amend zoning & subdivision ordinance
• January – October 2013
• Mapping intake through CDD Zoning
• DBIZ accessible in GISWeb & CountyView
1. 2008 – General Assembly passes legislation to address development in a DBIZ downstream of a
state-regulated dam. State Code defines development as “one or more lots to be used for any
business or industrial purpose or is to contain 3 or more dwelling units.”
Key components of the legislation:
• State regulated dam owners are required to submit maps of their DBIZ and share maps with
localities (note no mandated timeframe)
• Localities required to implement a process for DCR to review proposed development in a DBIZ for
which mapping has been received. The caveat there is that it has to be a DBIZ that the locality has
a map on file for. If a dam owner has not provided that to the locality, then the process is not
invoked.
• Developers who build in a DBIZ are responsible for 50% of the cost of dam upgrades that result from
development downstream – dams must conform to safety standards according to its hazard
classification (low, significant, high)
2. In April the Board of Supervisors adopted a resolution of intent to implement state mandated
changes to review process for site plans and subdivisions in a DBIZ. The subdivision component
was incorporated into STA-2012-2, which the Commission just heard.
3. Since January CDD staff has worked to develop an intake process when dam owners submit their
DBIZ mapping to quickly get information into County View & GISWeb so that it can be easily
accessed by staff and the public.
To give a snapshot of where Albemarle County stands with respect to DBIZ mapping:
- 109 total dams – hazard classification based on loss of life and property as a result of dam failure
- Currently have mapping for four (4) – North Fork, Birdwood (2), Lake Albemarle (no timeframe to
submit mapping). There is no incentive in pushing the dam owners to get this done. DCR has
notified dam owners that they are responsible to submit their maps to localities. Many of them
are in process, including the mapping for the six (6) county owned dams. (Mint Springs, Chris
Green, Walnut Creek, Hillcrest, Hollymead)– mapping for 3 high hazard dams (Mint Springs, 2
Hollymead) nearing completion; working with DCR on the rest
- DCR made some grant funds available to help some dam owners get this mapping underway.
Staff anticipates the maps will come in over time.
Staff reviewed an example of what the mapping looks like in GISWeb for Lake Albemarle. DBIZ can
extend beyond the 100-year floodplain.
Development Review Process Change
The proposed changes to the Subdivision and Zoning Ordinance pretty much mirror each other.
Obviously, the Subdivision Ordinance is dealing with plats and the Zoning Ordinance is dealing with site
plans.
If a development falls in a Dam Break Inundation Zone (DBIZ) they are requiring that the DBIZ be shown
on the pre-application plan if they choose to submit a pre-application plan, and on the initial site plan or
the preliminary plat in the case of a subdivision. Once the County has received that application they are
required to notify the dam owner and notify DCR within ten days. The County is required to submit that
plan for development to DCR. Then DCR has 45 days to respond to the County with a determination of
ALBEMARLE COUNTY PLANNING COMMISSION – OCTOBER 8, 2013
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3
whether or not the proposed development would affect the dam’s spillway flood standards. Once that
decision is made the developer basically has two options. They can alter their plan of development to not
be in a DBIZ or they can proceed with development under three sorts of conditions, as follows.
Developer may proceed with development and:
Submit engineering study with final site plan or final subdivision plat . Engineering study must provide
contract-ready cost estimates for upgrading the dam to accommodate new development; and must
conform to state standards. That engineering study would also be reviewed by DCR.
Prior to development, the developer would be required to contribute 50% of the cost of the dam
upgrades + administrative fee to Dam Safety, Flood Prevention & Protection Assistance Fund. Fund
administered by VA Resources Authority; checks would be made out to them and would be submitted
to the County prior to development
• Once the development is complete, the developer would need to provide the dam owner and the
locality with information necessary to update DBIZ map to reflect the new development.
Staff Recommendation
Staff recommends adoption of proposed zoning ordinance amendments to comply with Virginia Code and
maintain consistency with proposed subdivision ordinance amendments (STA 2012-02).
Mr. Morris invited questions for staff.
Mr. Morris asked how a developer or County staff would even know they are in the line of dams and if
they know where all the dams are located.
Ms. Burbage replied when they receive the maps from the map owners they get the maps into GIS Web
as quickly as they can.
Mr. Morris noted out of the 109 dams they have four (4), which means it is a slow process. He asked how
does County staff do their job and how do they let the developer know that they might be in a zone.
Mr. Franco said what he heard is that if you are one of the 103 dam owners that have not submitted
something then you are out of luck. The County does not know about it, nobody knows about it, and
everything goes on normal process. So the DBIZ stuff would not apply.
Ms. Burbage said it was at the time that the application is submitted if the locality has the map on file it
evokes the process. If it does not, then it would not apply.
Mr. Morris said that he really liked the process. It is a logical safety process that is going to protect the
developer. However, is it developer beware.
Mr. Franco said that he would go the other direction that it will protect the dam owner. For example, if
somehow he could buy Sugar Hollow dam and he takes that dam in, then when it breaks it inundates the
development area of Crozet or a portion thereof. Then you can no longer develop in Crozet. He thinks
there are other implications that are going to start coming into play depending on what happens. As an
owner of land in Crozet he has no say when the dam goes in and they are taking my rights and my land.
Mr. Loach said he had a couple of questions in regard to that. He asked who owns the 105 dams. He
asked if they had an issue in the eastern side of the County where there was a dam and it needed
upgrading.
Mr. Morris pointed out it was in his subdivision and they want to thank them for fixing it for us.
Mr. Loach asked why the dam owner didn’t fix it.
Mr. Morris pointed out this gets to his point that he did not think there were three people out of the 200
families in Key West Subdivision that had any idea that road was in fact a dam. That is one of two dams
in the subdivision.
ALBEMARLE COUNTY PLANNING COMMISSION – OCTOBER 8, 2013
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4
Mr. Loach asked if the County is notifying the people in a DBIZ that they are in a DBIZ and if they want to
build something new do they have to notify the potential homeowners they are in a DBIZ before selling a
home. He asked about flood insurance.
Ms. Burbage replied the dam owners who are completing the mapping as part of the required mapping
must notify any property owner that falls within the DBIZ of their dam. That is between the state and the
dam owner. They need to have an emergency action plan and all of that is part of the responsibility of the
dam owner. So that is part one of the question. Part two would be about someone buying property. With
these regulations in place unless the DBIZ occurred after someone bought and developed the property it
would not be in it. This process prevents future development from occurring.
Mr. Loach said he got the impression that as long as they had the rules and regulations covered if you
had land in a DBIZ you would have the right to develop. However, he stands corrected.
Mr. Morris said he liked what he had read here.
Mr. Franco pointed out this is coming from the national side. For example, there is a dam built in Key
West and everyone forgets about it. Later on development takes place downstream, the dam breaks and
there are problems. He thinks it is a way to address it, but it does have impacts that the state is not
worried about right now. For instance, if a portion of our Development Areas is now in a DBIZ and
undeveloped, when do we step up and say no. If something is get ting approved we want to make sure of
its impact zone in order to redesign the dam now so that there is not an upgrade requirement later and
put that onerous on the person who created the dam.
Mr. Morris noted that was a good point.
Ms. Burbage said there is a provision if localities wanted to be proactive that they are allowed if there was
a dam they were concerned about, which they had not gotten a DBIZ map for, they could undertake that
mapping and bill the dam owner for the mapping. They could sort of do it on the dam owner’s behalf.
Mr. Franco asked if there was an area he was concerned about like the Development Area he would
rather not have the map so it does not come up as a requirement. Then when they get caught up with the
state as the licensee or the permitted owner of a dam they will have to improve it at their expense or get
rid of it. He questioned if there are any engineering procedures that they are going to adopt parallel to
this to make sure that dam owners, engineers or consultants know when they do studies for them. For
instance, use the County topo so that it is easier to seamlessly put that information in as opposed to using
whatever for the topo. He asked are we doing anything on the other side to make part of this process
easier for implementation.
Ms. Burbage replied the DBIZ mapping is between DCR and the dam owner. However, in speaking with
our regional DCR representative he has said they are interested in getting them in shape file format. For
at least one of the dams that they do have mapped our GIS staff had to basically take paper maps from
the 80’s or 90’s and convert them into GIS layers. But, as far as requiring them to use the localities topo
that is a good suggestion and she was sure they can suggest that to DCR to communicate to the dam
owners.
Mr. Franco said he thought it was just a process on our side. If they are going to be notified when the dam
owner begins this process with DCR, then they ought to have a standard letter that says please use our
topo so that it can be integrated into our plan and so on.
Mr. Randolph asked under the state law is there any requirement for an inspection of these dams or an
assessment of these dams on an annual basis.
Mr. Kamptner replied that he was not sure it was on an annual basis. However, the provisions are part of
the Dam Safety Act under Virginia law. There is an inspection program in place, but he was not sure if it
was annual.
ALBEMARLE COUNTY PLANNING COMMISSION – OCTOBER 8, 2013
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Mr. Franco said it varies depending on the classification. If it was one of the higher c lassed dams, then it
would probably be required annually and be inspected by a professional engineer (PE). If it was one of
the lower ones, it would probably be inspected by the owner or the resident who is a member/owner of
the dam or the association.
Mr. Randolph asked currently if someone wants to put in a dam is the expectation that they will come to
the County and seek a special use permit to have that dam installed.
Ms. McCulley replied yes, if it is in the floodplain.
Mr. Randolph asked if they could assume that would be for most dams.
Ms. McCulley replied that she did not think so.
Mr. Kamptner said there is an exemption for agricultural dams under the Dam Safety Act. Therefore,
agricultural dams are excluded from a lot of the state regulations.
Mr. Randolph asked staff’s feelings about ways in which the 3 percent compliance can be increased. He
questioned if they have a problem with some dams potentially posing a threat to property rights or to the
existing historic structures that are downstream from these dams by owners not complying in providing
due notice appropriate under the statute to notify these people that they are at risk.
Ms. McCulley replied that was a good question. Basically, DCR is in the d river’s seat on that. She was
going to assume that most of the more significant high risk classification dams that impound the most
amount of the water are public. Those are the ones they are working on. It may be a big assumption that
is not completely correct, but it seems like that must be the case. However, she did not know why DCR
does not have a deadline. She did not know what they are doing to try to get some more maps done.
Mr. Lafferty asked about the Four Seasons dam.
Ms. McCulley replied that was a storm water facility.
Mr. Kamptner said that he was not sure.
Ms. Burbage noted the County’s six dams are Walnut Creek, Mint Springs, Chris G reen Lake, two at
Hollymead, and Hillcrest. Therefore, she did not think Four Seasons was a County dam.
Mr. Franco said it was not just every dam because there would be height and area regulations. He
thinks Four Season’s is 6’ tall and to be state regulated it has to be 20’ to 25’.
Mr. Morris opened the hearing and invited public comment. There being none, the public hearing was
closed and the matter before the Planning Commission for further discussion and action.
Mr. Dotson made the following comments:
- The map on the screen would suggest if they wanted to get a quick estimate of the impacts of this
they would map the 109 dams where they are and then look at the flood zone downstream. That
is a good estimate of the DBIZ. He would think the Board of Supervisors would be very
interested in seeing that. He would have liked to have seen a map showing where they are and
what the possible DBIZ would be downstream just to see what the impacts are.
- Another comment is he would think there would be an incentive to a dam owner to go ahead and
get the map done before development goes in so they could then say they would do a cost share
if they are going to cause an impact. If they want more maps done maybe they could notify the
109 owners that it is a good idea to go ahead and get this done in the as built condition today.
However, they could put that daintily.
- He asked for some clarification since this is kind of a funny animal they are dealing with. It is not
an overlay district, but sort of seems like one. It is sort of like Monticello Viewshed, which is
ALBEMARLE COUNTY PLANNING COMMISSION – OCTOBER 8, 2013
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6
more informational. He was trying to figure out if development comes in and some of it is in the
DBIZ and it goes off to DCR and they send comments back in 45 days what kind of comments
would they make? Would it be shifted out of the DBIZ or put in some kind of structural facility.
He asked if they have the authority to do whatever D CR asks us to do.
Ms. Burbage replied the review by DCR is specially to make a determination based on what the
developer is proposing if they feel that the dam’s spillway flood design standards will be impacted. What
goes into that decision making she was not sure. However, that is the question that DCR is answering.
She did not think they were obligated to make alternate recommendations. It comes back to the
developer and then the developer gets to choose which path to go down.
Mr. Dotson asked if under our normal regulations they would do the best they could to sort of mediate
between DCR and the developer.
Ms. Burbage replied yes, if they chose to alter their plan of development they would be navigating that
and whatever other additional regulations the County has with the area they do have to work with.
Ms. McCulley noted the requirement that the developer cost participates and any upgrade that is
necessary is going to be a disincentive for them. So they are probably going to look at any way they can
redesign to avoid that.
Mr. Dotson said his last comment, which is very detailed, is it becomes very important to get a date on
that DBIZ map and not just get it on the web as soon as they can. There needs to be an official date
because somebody is going to come in and apply and they’ve had their preliminary meeting and now they
have received the map. He asked are they obligated or not. They need to be very precise about when
this goes into effect and when somebody is sort of vested and does not have to require with it. A
proposed development could cause the dam owner to hurry up and get a map made. Then it is going to
be a race and then they would need to decide who wins.
Mr. Smith asked if anyone has an estimate as to what it is going to cost to do one of these plans. Would
it depend on the size of lake?
Ms. Burbage replied DCR was offering $2,000 grants to share like a 50 percent match for dam owners to
create their DBIZ map. She did not know if that means the ball park was $4,000 or if that is for the
smaller dams.
Mr. Franco estimated it would be about $3,500.
Mr. Randolph suggested in following up on Mr. Dotson’s recommendation that another map with all of
these dams showing a 500-year flood event might be good from a crisis management standpoint so they
know what it looks like. Then they would know as a county where potential dam failure could occur. He
thinks it is something that they need to be aware of given recent rain events. He was just back from
Colorado and they were hammered in places like Estes Park who have had two 500-year floods within
ten years. Therefore, they just need to be prepared for that. He questioned if there would be some
potential liability if they have not provided due notice to downstream landowners in the case of a flood
event if the dam fails.
Mr. Smith said if there was a 500-year flood they would not have to worry about the liability because it
won’t be there. He questioned how many dams are going to withstand a 500-year flood anyhow.
Mr. Franco replied that there are probably four dams in this County.
Mr. Smith asked about the new dam because they gave notices all the way to Lake Monticello. He
questioned if a dam breaks does all the water go out instantly.
ALBEMARLE COUNTY PLANNING COMMISSION – OCTOBER 8, 2013
DRAFT MINUTES – Submitted to PC for Approval
7
Mr. Franco noted that everything would be under water in a 500-year flood. Therefore, it is kind of a moot
point. It is more the sunny day condition where they assume the dam just disappears and a big wave of
water comes flowing down.
Mr. Randolph agreed that a 500-year flood was stretching it. However, he thinks it might be valuable to
have at a minimum 100-year measure throughout the County so they have something to look at to follow
up on the maps. He asked what would be the implication in a 100-year flood. .
Mr. Franco said all of those were good comments, but they need to keep in mind that this is a State
program. He did not know if they want to be taking on all of those responsibilities for what is happening.
He thinks at some point they would want to study and understand how this affects our Development
Areas and other things like that.
Mr. Morris agreed that it would be helpful to know where the dams are located.
Motion: Mr. Dotson moved and Mr. Franco seconded to recommend approval of ZTA-2013-00003 Dam
Break Inundation Zones with the ordinance language proposed by staff as outlined in Attachment C of the
executive summary.
The motion passed by a vote of 6:1. (Smith voted no)
Mr. Morris noted that ZTA-2013-00003 Dam Break Inundation Zones would go to the Board of
Supervisors on November 13 with a recommendation for approval.
Return to exec summary
COUNTY OF ALBEMARLE
Department of Community Development
401 McIntire Road
Charlottesville, Virginia 22902-4596
Phone (434) 296-5832 Fax (434) 972-4126
MEMORANDUM
TO: File
FROM: William D. Fritz, Chief of Current Development
DATE: October 25, 2013
RE: STA201200002 Subdivision Plat Process Improvements
The Albemarle County Planning Commission, at its meeting on October 8, 2013, by a vote of 7:0,
recommended approval of the above noted petition with the ordinance language as recommended by
staff.
This matter will go before the Board of Supervisors on December 4, 2013.
Attachments:
Executive summary
PC minutes
Return to agenda
COUNTY OF ALBEMARLE
EXECUTIVE SUMMARY
AGENDA TITLE:
STA 2012-02 Process Changes
SUBJECT/PROPOSAL/REQUEST:
Subdivision Ordinance changes in procedure and
amendments to organization and address changes
in the State Code.
STAFF CONTACT(S):
Mssrs. Fritz and Kamptner
PRESENTER (S):
Bill Fritz
LEGAL REVIEW:
AGENDA DATE:
October 9, 2013
ACTION: X INFORMATION:
CONSENT AGENDA:
ACTION: INFORMATION:
ATTACHMENTS: Yes
BACKGROUND:
In December 2011 the Board of Supervisors adopted a resolution of intent to amend both the zoning and subdivision
ordinances to “improve the quality and efficiency in the application and review process”. The changes to the Zoning
Ordinance were adopted in 2012. Those changes affected the review process for site plans. The current subdivision text
amendment is to implement in the subdivision ordinance procedures similar to those adopted in the zoning ordinance. At
the time of adoption of the zoning ordinance changes staff stated that there would be a delay in bringing forward the
changes to the subdivision ordinance. This delay was to allow for implementation of the site plan process and to allow for
an opportunity to identify any problems or difficulties with the new administrative procedure.
STRATEGIC PLAN:
3. Encourage a diverse and vibrant local economy
DISCUSSION:
The major changes in the proposed ordinance include:
- Provide for an administrative review process solely by the agent.
- Establish that any comment not responded to within 6 months deems the project withdrawn.
- Use language similar to that used in the Zoning Ordinance.
- Update the terminology and standards to be consistent with state enabling authority.
- Simplifies 2 lot divisions in the Development Areas and subdivisions occurring after site plan approval.
Provide for an administrative review process solely by the agent.
Under the current regulations, most subdivision plats are reviewed and acted upon by the site plan agent. However,
abutting landowners and members of the Planning Commission and the Board of Supervisors may “call up” some
types of plats for review and action by the Planning Commission. Because the review and approval of subdivision plats
is ministerial in nature, subdivision plats that satisfy the minimum requirements of the County’s subdivision regulations
and other applicable regulations must be approved. Given the ministerial nature of subdivision plats, this process has
extended the time for subdivision plat review and increased the cost to both the applicant and County but has not
brought corresponding value to the process. The application fee for a subdivision reviewed by the Planning
Commission is approximately $1,000 more than the cost of the application for an administratively reviewed
subdivision. The application fee does not cover the entire cost of review. The ordinance will provide that all
subdivision plats will be reviewed and administered by the agent and subdivision plats will no longer be able to be
called up to the Planning Commission for review and action. However, the agent’s decisions will continue to be
appealable by the applicant to the Planning Commission and thereafter to the Board of Supervisors. This change
should reduce the time required to process an application and reduce the Planning Commission’s workload and allow
it more time to spend on other planning and zoning matters.
The ordinance will continue the current requirement that staff provide notice to abutting landowners that a preliminary
subdivision plat for the abutting site has been submitted and allow them to attend the site review committee meeting
and submit comments.
Establish that any comment not responded to within 6 months deems the project withdrawn.
Revisions to a subdivision plat that are received long after staff comments have been made requires considerable
time for staff to refamiliarize themselves with the project. In addition, the project may need to essentially be re-
reviewed in order to ensure that no regulatory changes have occurred since the comments were provided. Only a
minimal fee is required for re-activating a project. The proposed ordinance provides the failure of a developer to
submit a revised subdivision plat in response to staff comments within 6 months after the comments are provided will
cause the subdivision plat to be deemed withdrawn. This change will allow staff to be more efficient in reviewing
projects.
Use language similar to that used in the Zoning Ordinance.
The state enabling authority for subdivision plats is, for the most part, identical to the state enabling authority for site
plans. Enhancing the commonality between the site plan regulations and the Subdivision Ordinance will make the
regulations of both ordinances easier for staff to administer and for the development community and the public to
understand and follow. The ordinance proposes processes similar to that used for site plans including the requirement
of submitting preliminary plats prior to final plats for larger subdivisions.
Update the terminology and standards to be consistent with state enabling authority.
The ordinance updates the terminology and standards to ensure that the subdivision plat regulations are consistent
with state enabling authority. These changes are technical in nature and are required to be in compliance with the
state code. The proposed ordinance also contains language necessary to implement the Dam Break Inundation
Zones requirements contained in the State Code and proposed with ZTA 2013-3 which is being heard at the same
time as this subdivision text amendment.
Simplifies 2 lot divisions in the Development Areas and subdivisions occurring after site plan approval.
Currently any division in the Development Areas, other than family divisions and special lots, requires the application to
be reviewed by the Site Review Committee and they are eligible to appeal to the Planning Commission. However, in
the Rural Areas two lot divisions have always been reviewed and approved administratively. Divisions creating two
lots do not have the complexity of larger divisions and staff can identify no justification for treating two lot divisions in
the development area the same as larger subdivisions. Subdivisions that occur after site plan approval currently
require a full review including submittal to the site review committee. These plats typically divide multi-family units
shown on a site plan onto individual lots for sale or divide commercial developments into blocks corresponding to the
site plan layout. The current review process for these plats mimics the work done during the approval process for the
site plan. This duplication of effort is not an efficient use of County resources and does not, in the opinion of staff,
result in a higher quality of review than would occur from the proposed streamlined process. Staff is recommending
that two lot divisions and subdivisions occurring after site plan approval be reviewed administratively without referral to
the site review committee.
BUDGET IMPACT:
Staff does not anticipate that this ordinance will result in the need for additional staff or funding.
RECOMMENDATIONS:
Staff recommends adoption of the attached ordinance.
ATTACHMENTS:
Attachment A – Resolution of Intent for process improvements
Attachment B – Resolution of Intent for dam break inundation zones
Attachment C – Proposed Subdivision Ordinance
Return to PC actions memo
Attachment A
Attachment B
RESOLUTION OF INTENT
WHEREAS, State law requires that the owners of State-regulated dams conduct dam break
analyses to, among other things, allow the dam to be classified based on its potential hazard to life and
property, delineate the dam’s “dam break inundation zone,” and to incorporate all affected properties into
its dam safety emergency action plan; and
WHEREAS, State law also requires that any proposed development within a mapped dam break
inundation zone be subject to review by the State Department of Conservation and Recreation to
determine the development’s impact on the dam’s spillway design flood standards, and prohibits the
County from approving the development if it would change the dam’s spillway design flood standards
unless the developer alters the plan of development so that the standards are not changed by the
development or the developer contributes payment to the dam owner for the necessary upgrades to the
dam; and
WHEREAS, Virginia Code § 15.2-2241 requires that the County’s subdivision regulations include
“adequate provisions related to the failure of impounding structures and impacts within dam break
inundation zones.”
WHEREAS, it is now desired to consider amending the regulations in the Subdivision Ordinance
to incorporate the requirements and procedures pertaining to dam break inundation zones.
NOW, THEREFORE, BE IT RESOLVED THAT for purposes of public necessity, convenience,
general welfare and good land development practices, the Albemarle County Planning Commission
hereby adopts a resolution of intent to consider amending County Code §§ 14 -206, 14-217, 14-219, 14-
221, 14-302, 14-303, 14-308 and any other regulations of the Subdivision Ordinance deemed appropriate
to achieve the purposes described herein; and
BE IT FURTHER RESOLVED THAT the Planning Commission shall hold a public hearing on this
resolution of intent, and return its recommendations to the Board of Supervisors at the earliest possible
date.
* * * * *
Draft: 11/21/13
1
ORDINANCE NO. 13-14( )
AN ORDINANCE TO AMEND CHAPTER 14, SUBDIVISION OF LAND,ARTICLE I, GENERAL
PROVISIONS, ARTICLE II ADMINISTRATION AND PROCEDURE, ARTICLE III, SUBDIVISION PLAT
REQUIREMENTS AND DOCUMENTS TO BE SUBMITTED, AND ARTICLE IV, ON-SITE
IMPROVEMENTS AND DESIGN, OF THE CODE OF THE COUNTY OF ALBEMARLE, VIRGINIA
BE IT ORDAINED By the Board of Supervisors of the County of Albemarle, Virginia, that Chapter 14,
Subdivision of Land, Article I, General Provisions, Article II, Administration and Procedure, Article III,
Subdivision Plat Requirements, and Article IV, On-Site Improvements and Design, are hereby amended and
reordained as follows:
By Amending:
Sec. 14-105 Rules of construction
Sec. 14-106 Definitions
Sec. 14-200 Designation of agent; powers and duties
Sec. 14-201 Designation of commission; powers and duties
Sec. 14-202 Establishment of site review committee; powers and duties
Sec. 14-203 Fees
Sec. 14-208 Family subdivisions
Sec. 14-208.1 Boundary line adjustments
Sec. 14-208.2 Easement plats
Sec. 14-211 Family subdivisions; conditions precedent
Sec. 14-212 Family subdivisions; conditions of approval
Sec. 14-213 General
Sec. 14-303 Contents of final plat
Sec. 14-305 Stormwater management information
Sec. 14-317 Instrument evidencing maintenance of certain improvements
Sec. 14-401 Double frontage lots
Sec. 14-402 Lot shape
Sec. 14-404 Lot location to allow access from lot onto street or shared driveway
Sec. 14-405 Side lot lines
Sec. 14-407 Block width
Sec. 14-409 Coordination and extension of streets
Sec. 14-410 Standards for all streets and alleys
Sec. 14-412 Standards for private streets only
Sec. 14-414 Public water and sewerage systems
Sec. 14-419 Landscaping for double frontage lots
Sec. 14-420 Location of utilities above- and underground
Sec. 14-422 Sidewalks and planting strips
Sec. 14-434 Completion of on-site improvements required prior to plat approval
Sec. 14-435.1 Surety for maintenance of streets until accepted into state system
Sec. 14-436 Release of surety
Sec. 14-437 Effect of acceptance or approval of improvements
Sec. 14-438 Inspections; right of entry
Sec. 14-439 Improvements completed at expense of subdivider; exception
By Amending and Renaming:
Sec. 14-206 Subdivisions other than rural subdivisions, two lot subdivisions, subdivisions following final site
plan approval, subdivisions creating one special lot and one residue lot, family subdivisions, and
boundary line adjustments and easement plats
Draft: 11/21/13
2
Sec. 14-207 Rural subdivisions, two lot subdivisions, subdivisions following final site plan approval, and
subdivisions creating one special lot and one residue lot
Sec. 14-212.1 Boundary line adjustment; procedure
Sec. 14-304 Request for critical slopes waiver to disturb critical slopes
Sec. 14-417 Stormwater management and drainage control facilities and other control measures
Sec. 14-431 Easements for facilities for stormwater management and drainage control facilities and other
control measures
Sec. 14-435 Surety in lieu of completion of on-site improvements Agreement and surety
Sec. 14-440 County and other public entities not obligated to maintain improvements
By Amending and Renumbering:
Old New
Sec. 14-217 Sec. 14-219 Review of preliminary plat by site review committee
Sec. 14-219 Sec. 14-222 Review and action on preliminary plat by agent
Sec. 14-222 Sec. 14-227 Review of final plat by site review committee
Sec. 14-224 Sec. 14-230 Review and action on final plat by agent
Sec. 14-228 Sec. 14-224 Period of validity of approved preliminary plat
Sec. 14-229 Sec. 14-231.1 Period of validity of approved final plat
By Amending, Renumbering and Renaming:
Old New
Sec. 14-216 Sec. 14-218 Submittal of preliminary plat; determination of completeness
Sec. 14-221 Sec. 14-226 Submittal of final plat; determination of completeness
Sec. 14-231.1 Sec. 14-202.1 Changes or revisions to preliminary or final plat Amendments to a plat
By Amending and Combining Multiple Sections:
Old New
Sec. 14-224.1 Sec. 14-203.1 Variations and exceptions
Sec. 14-225.1
Sec. 14-209 Sec. 14-209 Rural subdivisions; family subdivisions; subdivisions creating a special
Sec. 14-210 lot and one residue lot; subdivisions resulting in not more than two lots;
Sec. 14-212.1 (part) subdivisions after approval of a final site plan; easement plats; boundary line
Sec. 14-212.3 adjustments; procedure
Sec. 14-212.4
By Amending, Renaming and Separating Into Multiple Sections:
Old New
Sec. 14-215 Preliminary application conference Sec. 14-214 Preapplication conference
Sec. 14-215 Contents of preapplication schematic plat
Sec. 14-226 Appeal of disapproval of preliminary Sec. 14-223 Appeal and judicial review of disapproval
or final plat; resubmittal of preliminary plat
Sec. 14-231 Appeal and judicial review of disapproval
of final plat
Draft: 11/21/13
3
By Adding:
Sec. 14-203.2 Appeals of decisions pertaining to variations and exceptions
Sec. 14-217 Review of preapplication schematic plat
Sec. 14-220 Revisions to preliminary plat to address required changes
Sec. 14-221 Deferral of review of preliminary plat; when application deemed withdrawn
Sec. 14-225 Effect of approval of preliminary plat on other future and pending approvals
Sec. 14-228 Revisions to final plat to address required changes
Sec. 14-307 Stream crossings
Sec. 14-307.1 Dam break inundation zones
Sec. 14-318 Dam break inundations zones; engineering study and mapping information
Sec. 14-441 Dam break inundation zones; prerequisites to development
By Repealing:
Sec. 14-212.3 Resubdivision without vacation of plat; procedure
Sec. 14-218 Determining whether agent or commission reviews and acts on preliminary plat
Sec. 14-223 Determining whether agent or commission reviews and acts on final plat
Sec. 14-225 Review and action on final plat by commission
Chapter 14
Subdivision of Land
Article I. General Provisions
Sec. 14-105 Rules of construction.
This chapter protects paramount public interests and shall be liberally construed to effectuate its several
purposes. In addition to the rules of construction set forth in section 1-101 of the Code, the following rules of
construction apply to the construction of this chapter, unless the application would be contrary to the purposes of
this chapter or the context clearly indicates otherwise:
A. All references to any statute, regulation, guideline, manual or standard are to that statute,
regulation, guideline, manual or standard as it exists on the date of adoption of this chapter, and includes any
amendment thereafter or reissue in a subsequent edition.
B. The word “days” means calendar days.
C. All distances and areas shall be measured in a horizontal plane.
D. The word “current” means the point in time at which a matter is under consideration and shall not
mean the date of the adoption of this chapter.
E. The word “street,” when not preceded by either “public” or “private,” means either a public street
or a private street.
F. All references to “waivers” include waivers, modifications, substitutions and variations, as may
be applicable All provisions requiring that improvements be designed or constructed to prescribed standards, or
otherwise comply with delineated standards, refer to the minimum standard and nothing in chapter 14 shall
prohibit an improvement from exceeding the standard.
Draft: 11/21/13
4
(9-5-96, 4-13-88, 2-4-81, 3-29-78, 12-15-76, 4-21-76, 8-28-74; 1988 Code, § 18-2 (part); Ord. 98-A(1), 7-15-98;
Ord. 05-14(1), 4-20-05, effective 6-20-05)
State law reference--Va. Code §§ 15.2-2240, 15.2-2241(9).
Sec. 14-106 Definitions.
The following definitions shall apply in the interpretation and enforcement of this chapter:
. . .
Control measure. The term “control measure” means any best management practice (“BMP”), stormwater
facility, or other method used to minimize the discharge of pollutants to state waters.
. . .
Dam break inundation zone. The term “dam break inundation zone” means the area downstream of a dam
that would be inundated or otherwise directly affected by the failure of a dam that has been mapped as provided in
Virginia Code § 10.1-606.2.
. . .
Development. The term “development,” as used in regulations pertaining to dam break inundation zones,
means one or more lots developed or to be developed as a unit under single ownership or unified control which is
to be used for any business or industrial purpose or is to contain three or more dwelling units, but does not include
any lot or lots that will be principally devoted to agricultural production.
. . .
Drainage control. The term “drainage control” means the removal, collection or conveyance of runoff
from or on the property through structural facilities or other measures.
. . .
Easement plat. The term “easement plat” means the schematic representation of an easement required by,
and subject to review and approval by the county under, this chapter, which includes a statement of the specific
purpose for which the easement is established.
. . .
Impounding structure. The term “impounding structure” means a man-made structure, whether a dam
across a watercourse or other structure outside a watercourse, used or to be used to retain or store waters or other
materials and includes: (i) all dams that are twenty-five (25) feet or greater in height and that create an
impoundment capacity of fifteen (15) acre-feet or greater; and (ii) all dams that are six (6) feet or greater in height
and that create an impoundment capacity of fifty (50) acre-feet or greater. The term “impounding structure” does
not include dams licensed by the State Corporation Commission that are subject to a safety inspection program;
dams owned or licensed by the United States government; dams operated primarily for agricultural purposes
which are less than twenty-five (25) feet in height or which create a maximum impoundment capacity smaller
than one hundred (100) acre-feet; water or silt retaining dams approved pursuant to Virginia Code § 45.1-222 or
45.1-225.1; or obstructions in a canal used to raise or lower water.
Improvement. The term “improvement” means all public utilities and facilities required by this chapter,
including, but not limited to, streets, turnarounds, traffic signalization and controls, sanitary sewers, stormwater
Draft: 11/21/13
5
management facilities, and erosion control facilities, drainage control facilities control measures, water systems,
curbs, curbs and gutters, and sidewalks, regardless of whether such utilities and facilities are publicly or privately
owned and/or maintained.
. . .
Resubdivision. The term “resubdivision” means the division of land by subdivision, where the land being
subdivided is the subject of a previously approved and recorded subdivision plat.
. . .
Runoff. The term “runoff” means the portion of precipitation which is not immediately absorbed or
infiltrated into the ground and which is discharged across the land surface or through conveyances to one or more
waterways.
. . .
Site review committee. The term “site review committee” means a committee established pursuant to
section 14-202 and composed of representatives of the department of community development, the department of
fire and rescue, the architectural review board, the service authority, the Virginia Department of Health, the
Virginia Department of Transportation, and the United States Department of Agriculture Natural Resource
Conservation Service.
State waters. The term “state waters” means all waters, on the surface and under the ground, wholly or
partially within or bordering the Commonwealth or within its jurisdiction, including wetlands.
Stormwater management. The term “stormwater management” means the control of runoff or its effects
through structural or other measures.
Stormwater management facility. The term “stormwater management facility” means a control measure
that controls stormwater runoff and changes the characteristics of that runoff including, but not limited to, the
quantity and quality, the period of release, or the velocity of flow.
Stormwater management plan. The term “stormwater management plan” means a document or documents
containing material for describing the methods for complying with the requirements of the V irginia Stormwater
Management Program implemented in chapter 17 of the code.
Stormwater runoff. The term “stormwater runoff” means that portion of precipitation that is discharged
across the land surface or through conveyances to one or more waterways.
. . .
Subdivision. The term “subdivision” means any division of land, and includes resubdivisions, rural
subdivisions, family subdivisions, and the establishment of a condominium regime. For purposes of this chapter,
a boundary line adjustment is also a “subdivision.”
. . .
(§ 18-2 (part) 9-5-96, 4-13-88, 7-9-86, 3-29-78, 12-15-76, 4-21-76; § 18-56, 9-5-96, 10-17-79, 8-28-74; 1988
Code, §§ 18-2, 18-56; Ord. 98-A(1), 7-15-98; Ord. 02-14(1), 2-6-02; Ord. 05-14(1), 4-20-05, effective 6-20-05;
Ord. 11-14(1), 6-1-11)
State law reference--Va. Code § 15.2-2252.
Draft: 11/21/13
6
Article II. Administration and Procedure
Division 1. Administration
Sec. 14-200 Designation of agent; powers and duties.
The director of zoning and current development within the department of community development is
hereby designated as the agent of the board of supervisors for the purposes of administering and enforcing this
chapter. The agent shall have the following powers and duties:
A. To administer and enforce this chapter and, in so doing, to make all determinations and findings
and impose all requirements; except that the agent shall have no authority to modify, vary or waive, nor accept
substitution for any requirement of this chapter unless expressly provided.
B. To approve all plats, unless the plat is referred to the commission.
C. To interpret this chapter, and to request opinions or decisions, either verbal or written, from the
site review committee, other departments of the county, from other officials and departments of the
Commonwealth of Virginia, and from other qualified persons as may from time to time be retained.
D. To consult with and advise the commission on matters contained in this chapter.
E. To establish procedures to govern the administration of this chapter which are deemed by the
agent to be necessary for its proper administration including, but not limited to, delegating one or more duties set
forth in this section. The procedures shall be consistent with this chapter and Article 6, Chapter 22 of Title 15.2
of the Code of Virginia.
The director of community development is hereby designated the agent of the board of supervisors for the
purpose of administering chapter 14 except as otherwise expressly provided. The agent shall have the powers and
duties to:
A. Receive, process and act on all applications as provided in chapter 14.
B. Establish reasonable administrative procedures as deemed necessary for the proper and efficient
administration of chapter 14.
C. Make all determinations and findings and impose all applicable requirements in reviewing an
application under chapter 14.
D. Consider and act on requests to vary or except the regulations of chapter 14 as provided in section
14-203.1.
(9-5-96, 8-28-74 (§ 2); 1988 Code, § 18-10; Ord. 98-A(1), 7-15-98; Ord. 05-14(1), 4-20-05, effective 6-20-05)
State law reference--Va. Code §§ 15.2-2241(9), 15.2-2255, 15.2-2259.
Sec. 14-201 Designation of commission; powers and duties.
The commission is hereby designated the approval body for any preliminary or final subdivision plat
when the plat is referred to the commission as provided in sections 14-220 and 14-225. In addition, tThe
commission shall have the following powers and duties in the administration of this chapter:
Draft: 11/21/13
7
A. To initiate amendments to this chapter and to make recommendations on the amendments and on
proposed amendments referred to it by the board of supervisors.
B. To approve waivers when those matters are referred to the commission as provided in this chapter
Consider and act on requests to vary or except the regulations of chapter 14 as provided in section 14-203.1.
C. To consult with and advise the agent on matters contained in this chapter.
(Ord. 98-A(1), 7-15-98; Ord. 05-14(1), 4-20-05, effective 6-20-05)
State law reference--Va. Code §§ 15.2-2241(9), 15.2-2251, 15.2-2253, 15.2-2255, 15.2-2259.
Sec. 14-202 Establishment of site review committee; powers and duties.
A site review committee is hereby established, and shall have the following duties:
A. To meet from time to time to review preliminary and final subdivision plats as provided in
sections 14-217 and 14-222.
B. To transmit to the agent the requirements and recommendations it has identified relative to each
preliminary plat, and to transmit to the agent its recommendations relative to each final plat.
C. To propose rules for the conduct of its business to the agent, which shall be established and
approved as administrative procedures under section 14-200(E).
A site review committee is hereby established and it shall be composed of representatives of the
department of community development, the department of fire rescue, the Albemarle County Service Authority,
the Virginia Department of Health, the Virginia Department of Transportation, the United States Department of
Agriculture, and the Natural Resource Conservation Service. Each member of the site review committee shall
identify the requirements and may make recommendations on those matters within the authority of the bodies and
entities that they represent. The site review committee shall have the powers and duties to:
A. Meet from time to time to review plats as provided in chapter 14, including requests for variations
or exceptions.
B. Transmit to the agent the requirements and recommendations it has identified regarding each plat,
and information and recommendations on each request for a variation or exception.
C. Propose rules for the conduct of its business to the agent, which shall be established and approved
as administrative procedures under section 14-200.
(Ord. 98-A(1), 7-15-98; Ord. 05-14(1), 4-20-05, effective 6-20-05)
State law reference – Va. Code §§ 15.2-2241(9), 15.2-2255.
Sec. 14-202.1 Amendments to a plat.
Changes, revisions or erasures (collectively, “amendments”) to a plat may be made as follows:
A. Prior to approval. Before a plat is approved by the agent, the subdivider may amend a plat or
accompanying data sheet that has been submitted to the county if the agent authorizes the amendment in writing
or if the site review committee requires the amendment in its review of the plat. The procedures and requirements
for preliminary and final plats apply to amendments to a plat.
Draft: 11/21/13
8
B. After approval. After a plat is approved by the agent, the subdivider may amend the plat if the
amended plat is submitted, reviewed and approved as provided in section 14-209 or sections 14-213 through 14-
231.1, as applicable; provided that the agent may approve amendments to an approved final plat without
proceeding under section 14-209 or 14-213 through 14-231.1, as applicable, if he determines that the plat, as
amended: (i) complies with all requirements of this chapter and all other applicable laws; (ii) is substantially the
same as the approved plat or site plan; and (iii) will have no additional adverse impact on adjacent land or public
facilities.
C. Signature by owner. An amended final plat shall be signed by the owner as provided in section
14-303(O).
(Ord. 98-A(1), 8-5-98; § 14-238; Ord. 05-14(1), 4-20-05, effective 6-20-05; § 14-231.1)
State law reference – Va. Code §§ 15.2-2241(9), 15.2-2255.
Sec. 14-203 Fees.
Each subdivider shall pay a fee upon the submittal of a plat or other application, based on the schedule
below; provided that neither the county nor the county school board shall be required to pay any fee if it is the
applicant. Except as provided in subsection (H)(7), tThe fee shall be in the form of cash or a check payable to the
“County of Albemarle.”
A. Preliminary plat:
1. If subject to review by the commission:
(a) 1 to 9 lots: $2,200.00.
(b) 10 to 19 lots: $2,200.00.
(c) 20 or more lots: $2,200.00.
21. If subject to review by the agent:
(a) Two-lot subdivision as described in section 14-232(B)(2) or if all lots front on an
existing public street: $250.00.
(b) 1 to 9 lots: $1,150.00.
(c) 10 to 19 lots: $1,150.00.
(d) 20 or more lots: $1,150.00.
32. Reinstatement of review: $520.00.
43. Each filing of a preliminary plat, whether or not a preliminary plat for the same property
has been filed previously: The applicable preliminary plat fee.
B. Final plat:
1. If subject to review by the commission:
(a) 1 to 9 lots: $2,100.00.
(b) 10 to 19 lots: $2,210.00.
(c) 20 or more lots: $2,340.00.
21. If subject to review by the agent:
(a) Two-lot subdivision as described in section 14-232(B)(2) or if all lots front on an
existing public street: $540.00.
(b) 1 to 9 lots: $1,000.00.
(c) 10 to 19 lots: $1,100.00.
Draft: 11/21/13
9
(d) 20 or more lots: $1,230.00.
3. Final plat without an approved preliminary plat: The applicable preliminary plat fee plus
the applicable final plat fee.
42. Condominium plat: $100.00.
53. Reinstatement of review: $520.00.
C. Other subdivision plats:
1. Plat for a rural subdivision, family subdivision, or resubdivision: $690.00.
2. Plat for a boundary line adjustment: $200.00.
3. Plat creating one or more special lots and one residue lot: $88.00.
D. Easement plat or plats, per easement:
1. Easement plat(s) without a deed: $490.00.
2. Easement plat(s) with a deed: $760.00.
3. Easement plat(s) required with a site plan: $200.00.
4. Easement plat(s) amending a previously approved easement plat(s): $200.00.
E. Streets:
1. Public road plans: $250.00 for each review of a submitted plan, including reviews of
revisions after plan approval.
2. Private road plans: $400.00 for each review of a submitted plan, including reviews of
revisions after plan approval.
3. Authorization for one or more private streets within a subdivision filed separately from a
subdivision application: $670.00.
4. Waiver of Variation to or exception from one or more street standards before approval of
a preliminary plat: $540.00.
5. Waiver of Variation to or exception from curb and/or gutter requirements before approval
of a preliminary plat: $540.00.
6. Waiver of Variation to or exception from street interconnection requirements before
approval of a preliminary plat: $540.00.
7. If required to construct a street, the subdivider shall pay to the county a fee equal to the
cost of the inspection of the construction of any such street. These fees shall be paid
prior to completion of all necessary inspections and shall be deemed a part of the cost of
construction of the street for purposes of section 14-435(B).
F. Bonds:
Draft: 11/21/13
10
1. Bond estimate request for subdivision improvements: $250.00.
2. Bonding inspection for a plat or bond reduction: $250.00.
G. Groundwater assessment information required by section 14-308.1:
1. Tier 1 assessment under section 17-401: $50.00.
2. Tier 2 assessment under section 17-402: $330.00.
3. Tier 3 assessment under section 17-403: $510.00.
4. Tier 4 assessment under section 17-404: $1,100.00.
H. Other matters subject to review:
1. Waiver of Variation to or exception from any requirement of this chapter for which a
waiver variation or exception is authorized after approval of a preliminary plat and before
approval of a final plat: $830.00.
2. Waiver of Variation to or exception from any requirement of this chapter for which a
waiver variation or exception is authorized after approval of a final plat: $830.00.
3. Relief from plat conditions imposed by the commission prior to the date of adoption of
this chapter: $390.00.
4. Appeal of a plat decision to the board of supervisors: $270.00.
5. Extension of a plat approval: $120.00.
6. Vacation of a plat or part thereof: $240.00.
7. Dam break inundation zones; administrative fee as required by section 14-441: One
percent of the total amount of payment required by section 14-441 or one thousand
dollars ($1,000.00), whichever is less. (Payment made to the Dam Safety, Flood
Prevention and Protection Assistance Fund held by the Virginia Resources Authority).
I. Notices as required by sections 14-216 and 14-221 14-218:
1. Preparing and mailing or delivering up to fifty (50) notices: $200.00 plus the actual cost
of first class postage.
2. Preparing and mailing or delivering, per notice more than fifty (50): $1.00 plus the actual
cost of first class postage.
(9-5-96, 12-11-91, 6-7-89, 4-17-85, 12-1-82, 12-14-77, 3-2-77, 11-10-76, 8-28-74 (§ 3); 1988 Code, § 18-43; Ord.
98-A(1), 7-15-98; Ord. 99-14(1), 6-16-99; Ord. 02-14(2), 7-3-02; Ord. 04-14(1), adopted 12-8-04, effective 2-8-
05; Ord. 05-14(1), 4-20-05, effective 6-20-05; Ord. 09-14(1), 5-13-09, effective 10-1-09; Ord. 11-14(1), 6-1-11)
State law reference--Va. Code § 15.2-2241(9).
Draft: 11/21/13
11
Sec. 14-203.1 Variations and exceptions.
The requirements of this chapter may be varied or excepted as follows:
A. Exception from requirement to provide certain details in subdivision plat. The agent may except
certain details of a plat and any other information required by sections 14-302 through 14-318 expressly
authorized to be varied or excepted, as provided herein:
1. Request for exception. A subdivider requesting an exception shall submit to the agent a
written request stating the reasons for the request and addressing the applicable finding in subsection (A)(2).
2. Finding. An exception may be approved if the agent finds that unusual situations exist or
that strict adherence to requiring the details in sections 14-302 or 14-303 would result in substantial injustice or
hardship. This finding shall be supported by information from the site review committee that all of the details
required by sections 14-302 and 14-303 are not necessary for its review of the proposed subdivision, and from the
zoning administrator, in consultation with the county engineer, that the details waived are not necessary to
determine that the subdivision is developed in compliance with this chapter and all other applicable laws.
3. Action by the agent on a request. The agent may approve or deny the request. In
approving an exception, the agent shall identify the details otherwise required by sections 14-302 and 14-303 that
are excepted.
B. Variation or exception from any requirement of section 14-400 et seq. The agent or the
commission may vary or except any requirement of section 14-400 through 14-441 expressly authorized to be
varied or excepted by the agent or the commission, as the case may be, as provided herein:
1. Request for a variation or exception. A subdivider requesting a variation or exception
shall submit to the agent a written request stating the reasons for the request and addressing the applicable
findings in subsections (B)(2) and (B)(3) and all of the information required to be submitted by the applicable
regulation. When a variation is requested, the subdivider also shall describe the proposed substituted technique,
design or materials composing the substituted improvement. The request should be submitted before the site
review committee considers the preliminary plat, if applicable. The agent may request that the site review
committee provide information and a recommendation on any request for a variation or exception. If the
commission is authorized to grant the variation or exception, the agent shall forward his and the site committee’s
recommendations to the commission.
2. Findings required for a variation. The agent or the commission may approve a request
for a variation to substitute a required improvement upon finding that because of an unusual situation, the
subdivider’s substitution of a technique, design or materials of comparable quality from that required by the
applicable regulation results in an improvement that substantially satisfies the overall purposes of this chapter in a
manner equal to or exceeding the desired effects of the requirement in the applicable regulation.
3. Findings required for an exception. The agent or the commission may approve a request
for an exception from any requirement of the applicable regulation upon finding that: (i) because of an unusual
situation, including but not limited to, the unusual size, topography, shape of the site or the location of the site; or
(ii) when strict adherence to the requirements would result in substantial injustice or hardship by, including but
not limited to, resulting in the significant degradation of the site or to adjacent properties, causing a detriment to
the public health, safety or welfare, or by inhibiting the orderly development of the area or the application of
sound engineering practices.
4. Action by the agent on a request; conditions. The agent or the commission may approve,
approve with conditions, or deny the request. If a request is approved, the agent, for himself or on behalf of the
Draft: 11/21/13
12
commission, shall prepare a written statement regarding the findings made. If a request is denied, the agent, for
himself or on behalf of the commission, shall inform the developer in writing within five (5) days after the denial,
and include a statement explaining why the request was denied. In approving a request, the agent or the
commission may impose reasonable conditions deemed necessary to protect the public health, safety or welfare.
C. Appeals. The decision of the agent or the commission may be appealed as provided in section 14-
203.2.
§ 14-224.1: (Ord. 05-14(1), 4-20-05, effective 6-20-05; Ord. 09-14(2), 10-14-09)
§ 14-225.1: (9-5-96, 8-28-74 (§ 10); 1988 Code, § 18-3; Ord. 98-A(1), 8-5-98, § 14-237; Ord. 05-14(1), 4-20-05,
effective 6-20-05; Ord. 09-14(2), 10-14-09)
State law reference – Va. Code §§ 15.2-2241(9), 15.2-2242(1).
Sec. 14-203.2 Appeals of decisions pertaining to variations and exceptions.
A denial of a request for a variation or an exception or the approval of a variation or exception with
conditions objectionable to the subdivider may be appealed by the subdivider as follows:
A. To the planning commission. A subdivider may appeal the decision of the agent to the
commission by submitting a written request for appeal to the agent within ten (10) days after the date of the
agent’s decision. In acting on an appeal, the commission shall consider the recommendation of the agent and a ll
other relevant evidence, and apply the applicable findings provided in section 14-203.1. The commission may
approve or deny the request. In approving a request on an appeal from a decision under section 14-203.1(B), the
commission may impose reasonable conditions deemed necessary to protect the public health, safety or welfare.
B. To the board of supervisors. A subdivider may appeal the decision of the commission to the
board of supervisors by submitting a written request for appeal to the clerk of the board of supervisors within ten
(10) days after the date of the commission decision. In acting on an appeal, the board shall consider the
recommendation of the agent and all other relevant evidence, and apply the applicable findings provided in
section 14-203.1. The board may approve or deny the request. In approving a request on an appeal from a
decision under section 14-203.1(B), the board may impose reasonable conditions deemed necessary to protect the
public health, safety or welfare.
C. Effect of filing appeal. An appeal shall suspend the running of the time by which the agent must
act on a plat under sections 14-209, 14-222 or 14-230, as applicable from the date the appeal is submitted until the
date the commission or the board of supervisors acts on the appeal, whichever takes the last action.
State law reference – Va. Code § 15.2-2242(1).
Division 2. Provisions of Chapter Applicable to Subdivisions and Easement Plats
Sec. 14-206 Subdivisions other than rural subdivisions, two lot subdivisions, subdivisions following final
site plan approval, subdivisions creating one special lot and one residue lot, family
subdivisions, and boundary line adjustments and easement plats.
The following sections of this chapter shall apply to each subdivision other than rural subdivisions, family
subdivisions and boundary line adjustments that would create three (3) or more lots and is not a family
subdivision that is not a rural subdivision, a subdivision resulting in two lots, a subdivision following final site
plan approval, a subdivision creating one special lot and one residue lot, a family subdivision, a boundary line
adjustment or an easement plat:
Draft: 11/21/13
13
A. Subdivisions that would result in two (2) or more lots in the development areas or three (3) or
more lots in the rural areas. For subdivisions that would result in two (2) or more lots in the development areas
or three (3) or more lots in the rural areas, the following sections shall apply:
1A. General: Sections 14-100 through 14-108.
2B. Administration and procedure: Sections 14-200 through 14-204, and 14-213 through 14-236.
3C. Plat requirements and documents to be submitted: Sections 14-300 through 14-317 14-318.
4D. On-site improvements and design: Sections 14-400 through 14-440 14-441.
B. Subdivisions that would result in two (2) lots in the rural areas. For subdivisions that would
result in two (2) lots in the rural areas, the following sections shall apply:
1. General: Sections 14-100 through 14-108.
2. Administration and procedure: Sections 14-200 through 14-204, and 14-213.
3. Plat requirements and documents to be submitted: Sections 14-300 through 14-317.
4. On-site improvements and design: Sections 14-400 through 14-404, 14-412, 14-414
through 14-417, 14-421 and 14-424.
(Ord. 98-A(1), 7-15-98; Ord. 01-14(1), 5-9-01; Ord. 05-14(1), 4-20-05, effective 6-20-05)
State law reference--Va. Code § 15.2-2241(9).
Sec. 14-207 Rural subdivisions, two lot subdivisions, subdivisions following final site plan approval, and
subdivisions creating one special lot and one residue lot.
The following sections of this chapter shall apply to each rural subdivision, a subdivision resulting in two
lots, a subdivision following final site plan approval, and a subdivisions creating one special lot and one residue
lot:
A. General: Sections 14-100 through 14-108.
B. Administration and procedure: Sections 14-200 through 14-204 and sections 14-209, 14-226, 14-
229 14-231, 14-231.1 and 14-236.
C. Plat requirements and documents to be submitted: Sections 14-300, 14-301, 14-302(A)(1), (3),
(4), (5), (6), (7), (9), (10), (11), (14), and (15) and (16), 14-302(B)(1), (2), (4), (5), (6), (7), (8), (9) and (10), 14-
303(A), (B), (C), (D), (E), (F), (H), (I), (L), (O) and (P), 14-304, 14-305(B), 14-307, 14-307.1, 14-308.1, 14-309,
14-310, 14-312, 14-314, and 14-316 and 14-318.
D. On-site improvements and design: Sections 14-400, 14-403, 14-404 if any proposed lot would
have less than five hundred (500) feet of frontage on a major rural street identified in subsection 14-207(E), 14-
406, 14-414, 14-416, 14-421, 14-426, 14-427, 14-433, and 14-438 and 14-441.
E. The following streets in the rural areas are major rural streets:
1. Barracks Road (SR 654) from Old Garth Road (SR 601) to Georgetown Road (SR 656).
Draft: 11/21/13
14
2. Black Cat Road (SR 616) from Richmond Road (US 250) to Interstate 64 east of
Charlottesville.
3. Blenheim Road (SR 795) from Coles Rolling Road (SR 712) to the Town of Scottsville line.
4. Browns Gap Turnpike (SR 810) from White Hall Road (SR 810) to Blufton Road (SR 672).
5. Buck Mountain Road (SR 663) from Earlysville Road (SR 743) to Simmons Gap Road (SR
664).
6. Buck Mountain Road (SR 664) from Markwood Road (SR 664) to Simmons Gap Road (SR
663).
7. Buffalo River Road (SR 664) from Simmons Gap Road (SR 663) to Frays Mountain Road
(SR 664).
8. Buffalo River Road (SR 604) from Frays Mountain Road (SR 664) to Lexington Lane (SR
1540)
9. Burnley Station Road (SR 641)from Seminole Trail (US 29) to Watts Passage (SR 600).
10. Critzers Shop Road (SR 151) from Rockfish Gap Turnpike (US 250) to the Nelson County
line.
11. Crozet Avenue (SR 810) from Three Notch’d Road (SR 240) to Buck Road (SR 789).
12. Dick Woods Road (SR 637) from Interstate 64 to Taylors Gap Road (SR 708).
13. Earlysville Road (SR 743) from Hydraulic Road (SR 743) to Buck Mountain Road (SR 663).
14. Frays Mill Road (SR 641) from Seminole Trail (US 29) to Spring Hill Road (SR 606).
15. Free Union Road (SR 601) from Garth Road (SR 676) to Chapel Spring Lane (SR 668).
16. Garth Road (SR 601) from Barracks Road (SR 654) to Free Union Road (SR 676).
17. Garth Road (SR 614) from Browns Gap Turnpike (SR 810) to Owensville Road (SR 676).
18. Garth Road (SR 676) from Garth Road (SR 614) to Free Union Road (SR 601).
19. Gordonsville Road (SR 231) from Louisa Road (SR 22) to the Louisa County line.
20. Hansens Mountain Road (FR 179) from Richmond Road (US 250) to its end.
21. Hydraulic Road (SR 743) from Georgetown Road (SR 656) to Rio Road (SR 631).
22. Irish Road (SR 6) from the Nelson County line to the Town of Scottsville line.
23. Ivy Road (US 250) from Three Notch’d Road (SR 240) to the US 29/US 250 interchange.
24. Ivy Depot Road (SR 786) from Ivy Road (US 250) to Dick Woods Road (SR 637).
25. James Monroe Parkway (SR 795) from Carters Mountain Road (SR 627) to Thomas Jefferson
Parkway (SR 53).
26. James River Road (SR 726) from Blenheim Road (SR 795) to Irish Road (SR 6).
27. Lego Drive (SR 1090) from Hansens Mountain Road (FR 179) to its end.
28. Louisa Road (SR 22) from Richmond Road (US 250) to the Louisa County line.
29. Markwood Road (SR 664) from Buck Mountain Ford Lane (SR 776) to Buck Mountain Road
(SR 665).
30. Miller School Road (SR 635) from Rockfish Gap Turnpike (US 250) to Dick Woods Road
(SR 637).
Draft: 11/21/13
15
31. Milton Road (SR 729) from Thomas Jefferson Parkway (SR 53) to Richmond Road (US
250).
32. Monacan Trail (US 29) from Interstate 64 to the Nelson County line.
33. Monticello Avenue (SR 20) from Interstate 64 to
34. Old Ballard Road/Broomley Road (SR 677) from Ivy Road (US 250) to Owensville Road
(SR 676).
35. Old Garth Road (SR 601) from the US 29/US 250 interchange to Barracks Road (SR 654).
36. Old Lynchburg Road (SR 631) from Red Hill Road (SR 708) to Country Green Road (SR
875).
37. Owensville Road (SR 676) from Decca Lane (SR 678) to Garth Road (SR 614).
38. Owensville Road (SR 678) from Ivy Road (US 250) to Owensville Road (SR 676).
39. Plank Road (SR 692) from Monacan Trail (US 29) to Miller School Road (SR 635).
40. Proffit Road (SR 649) from Stony Point Road (SR 20) to Pritchett Lane (SR 785).
41. Reas Ford Road (SR 660) from Earlysville Road (SR 743) to Loftlands Drive (SR 1555).
42. Red Hill Road (SR 708) from Monacan Trail (US 29) to Dudley Mountain Road (SR 706).
43. Reservoir Road (SR 702) from Buckingham Circle (SR 820) to its end.
44. Richmond Road (US 250) from Interstate 64 east of Charlottesville to the Fluvanna County
line.
45. Rio Road (SR 631) from Seminole Trail (US 29) to Hydraulic Road (SR 743).
46. Rockfish Gap Turnpike (US 250) from Three Notch’d Road (SR 240) to the Nelson County
line.
47. Rolling Road (SR 620) from Presidents Road (SR 795) to the Fluvanna County line.
48. Rolling Road (SR 795) from Rolling Road (SR 620) to Carters Mountain Road (SR 627).
49. Scottsville Road (SR 20) from Interstate 64 to the Town of Scottsville line.
50. Seminole Trail (US 29) from Rio Mills Road (SR 643) to the Greene County line.
51. Simmons Gap Road (SR 663) from Buck Mountain Road (SR 664) to Buffalo River Road
(SR 664)
52. Stony Point Road (SR 20) from its southern intersection with Dorrier Drive (SR 1422) to the
Orange County line.
53. Thomas Jefferson Parkway (SR 53) from Scottsville Road (SR 20) to the Fluvanna County
line.
54. Three Notch’d Road (SR 240) from Ivy Road (US 250) to Crozet Avenue (SR 810).
55. Union Mills Road (SR 616) from Richmond Road (US 250) to the Fluvanna County line.
56. White Hall Road (SR 810) from Browns Gap Turnpike (SR 680) to Buck Road (SR 811).
57. Woodlands Road (SR 676) from Free Union Road (SR 601) to Earlysville Road (SR 743).
(9-5-96, 7-9-86, 12-21-83, 2-4-81, 5-2-79, 11-13-74, 8-28-74; 1988 Code, § 18-13(b); Ord. 98-A(1), 7-15-98;
Ord. 05-14(1), 4-20-05, effective 6-20-05; Ord. 09-14(2), 10-14-09)
State law reference--Va. Code § 15.2-2241(9).
Draft: 11/21/13
16
Sec. 14-208 Family subdivisions.
The following sections of this chapter shall apply to each family subdivision, when applicable:
A. General: Sections 14-100 through 14-108.
B. Administration and procedure: Sections 14-200 through 14-204, 14-208, 14-209, 14-210, 14-
211, 14-212, 14-226, 14-229, 14-231, 14-231.1,14-232(B) and 14-236.
C. Plat requirements and documents to be submitted: Sections 14-300, 14-301, 14-302(A)(1), (3),
(4), (5), (6), (7), (9), (10), (11), (13), (14) and (15), 14-302(B)(1), (2), (4), (5), (6), (7), (8), (9) and (10), 14-
303(A), (B), (C), (D), (E), (F), (H), (I), (L), (M), (N), (O), (P), (Q) and (S), 14-304, 14-305(B), 14-307, 14-307.1,
14-308.1, 14-309, 14-310, 14-312, and 14-314 and 14-318.
D. On-site improvements and design: Sections 14-400, 14-401, 14-402, 14-403; if a private street
will be constructed or approved as authorized by section 14-232(B)(1), then also sections 14-316, 14-406, 14-
410(F) and 14-412(A)(4); if any part of the property within a proposed family subdivision is within the
jurisdictional area of the service authority, then also section 14-414, but if not, each lot, including a lot not
required to connect to public sewer service pursuant to section 14-414, which is less than five (5) acres, shall
comply with the requirements of sections 14-416, 14-421 and 14-426 through 14-440 14-441.
(§ 18-57 (part), 9-5-96, 1-3-96, 4-13-88, 12-21-83, 10-17-79, 8-28-74; § 18-58 (part), 9-5-96, 8-28-74; 1988
Code, §§ 18-57, 18-58; Ord. 98-A(1), 7-15-98; Ord. 05-14(1), 4-20-05, effective 6-20-05)
State law reference--Va. Code §§ 15.2-2241(9), 15.2-2244(C).
Sec. 14-208.1 Boundary line adjustments.
The following sections shall apply to each boundary line adjustment, when applicable:
A. General: Sections 14-100 through 14-108.
B. Administration and procedure: Sections 14-200 through 14-204, 14-209, 14-212.1, 14-224.1, 14-
225.1, 14-226 and 14-229 14-231 and 14-231.1.
C. Plat requirements and documents to be submitted: Sections 14-300, 14-301, 14-302(A)(1), (2),
(3), (4), (5), (6), (7), (9), (10), (11), (14), and (15) and (16),, 14-302(B)(1), (2), (4), (5), (6), (7), (9) and (10), 14-
303(A), (B), (C), (D), (E), (F), (G), (H), (I), (L), (O) and (P); 14-307, 14-307.1, 14-318, if any resulting lot will be
less than five (5) acres, the soil evaluation required by section 14-309, 14-310, 14-312 and 14-314.
D. On-site improvements and design: Sections 14-400, 14-405, 14-406, 14-416, 14-421, 14-426
through 14-429, 14-433, and 14-438 and 14-441.
(9-5-96, 8-28-74 (§ 3); 1988 Code, § 18-15; Ord. 98-A(1), 8-5-98, § 14-239(part); Ord. 05-14(1), 4-20-05,
effective 6-20-05)
State law reference--Va. Code §§ 15.2-2241(9).
Sec. 14-208.2 Easement plats.
The following sections shall apply to each easement plat, when applicable:
A. General: Sections 14-100 through 14-108.
Draft: 11/21/13
17
B. Administration and procedure: Sections 14-200 through 14-204, 14-209, 14-212.4, 14-226 and
14-229 14-231 and 14-231.1.
C. Plat requirements and documents to be submitted: Sections 14-300, 14-301, 14-302(A)(1), (2),
(3), (4), (5), (6), (11), (14) and (15), 14-302(B)(1), (2), (4), (5), (6), (7), (9) and (10), 14-303(A), (B), (C), (D),
(E), (F), (H), (I), (L), (O) and (P), 14-312 and 14-314.
D. On-site improvements and design: Sections 14-433 and 14-438.
(Ord. 05-14(1), 4-20-05, effective 6-20-05)
State law reference--Va. Code § 15.2-2241.9.
Division 3. Procedures for Rural Subdivisions, Two Lot Subdivisions, Subdivisions Following Final Site
Plan Approval, Subdivisions Creating One Special Lot and One Residue Lot, Family Subdivisions,
Boundary Line Adjustments, Easement Plats and Vacations, and Easement Plats
Sec. 14-209 Rural subdivisions; and family subdivisions; subdivisions creating a special lot and one
residue lot; subdivisions resulting in not more than two lots; subdivisions after approval of a
final site plan; easement plats; boundary line adjustments; procedure.
Each plat for a rural subdivision, or family subdivision, a subdivision creating one or more special lots
and one residue lot, a subdivision resulting in not more than two lots, a subdivision after a final site plan has been
approved, a boundary line adjustment and each easement plat shall be submitted, reviewed and approved as
follows:
A. The plat shall meet the standards for plats set forth in Virginia Code § 42.1-82.
B. Within sixty (60) days after submittal of the plat, the agent shall determine whether it complies
with the applicable requirements of this chapter. If the agent determines that the plat complies, he shall approve
the plat. If the agent determines that the plat does not comply, he shall inform the subdivider in writing of the
reasons for the denial, with citation to the applicable section of this chapter or other law, and what corrections or
modifications will permit approval. The agent shall either mail the notice of denial by first class mail, or
personally deliver it, to the subdivider. However, if the plat requires approval by any agency, department or
authority other than the county, and no evidence is provided at the time the plat is submitted that approval has
been obtained, the agent shall approve or disapprove the plat within thirty-five (35) days after receipt of approval
from the agency, department or authority provided that the plat shall be approved or denied not later than ninety
(90) days after resubmittal of the plat.
A. Submittal of plat. The subdivider shall submit the plat for review and approval by the agent. The
plat shall be deemed to be a final plat and a preliminary plat shall not be required.
B. Review of plat. The agent shall determine whether the plat complies with the applicable
requirements of this chapter. The agent may request that any department, agency, or authority review the plat and
forward its comments to him. If approval of a feature or features of the plat by a state agency or public authority
authorized by state law is necessary, the agent shall forward the plat to the appropriate state agency or agencies
for review within ten (10) business days of receipt of the plat.
C. Decision. If the agent determines that the plat complies with the applicable requirements of this
chapter, he shall approve the plat. If the agent determines that the plat does not comply with the applicable
requirements of this chapter, he shall inform the subdivider in writing of the reasons for the disapproval, with
citation to the applicable sections of this chapter or other law, and what corrections or modifications are required
Draft: 11/21/13
18
for the plat to be approved. The agent shall either mail the notice of disapproval by first class mail, or personally
deliver it, to the subdivider.
D. Time for decision. The agent shall act on the plat within sixty (60) days after it has been
submitted, provided that if state agency or public authority review of the plat is required, the agent shall act on the
plat within thirty-five (35) days after receipt of all approvals by the state agencies or public authorities.
E. Procedures for other approvals related to the plat. Other approvals related to the plat shall be
reviewed and approved as provided in sections 14-203.1, 14-231.1 and 14-232 through 14-236.
F. Appeal of disapproval of plat. The disapproval of a plat may be appealed as provided in section
14-231.
G. Period of validity of approved plat; extension thereof. An approved plat shall be valid for the
periods provided in section 14-231.1. The period of validity may be extended as provided in section 14-231.1.
§ 14-209: (§ 18-13 (part), 9-5-96, 12-21-83; § 18-57 (part), 9-5-96, 1-3-96, 4-13-88, 12-21-83, 10-17-79, 8-28-74;
§ 18-58 (part), 9-5-96, 8-28-74; 1988 Code, §§ 18-13, 18-57, 18-58; Ord. 98-A(1), 7-15-98; Ord. 05-14(1), 4-20-
05, effective 6-20-05; Ord. 11-14(1), 6-1-11)
§ 14-210: (9-5-96, 8-28-74; 1988 Code, § 18-58; Ord. 98-A(1), 7-15-98; Ord. 05-14(1), 4-20-05, effective 6-20-
05)
§ 14-212.1: (9-5-96, 8-28-74 (§ 3); 1988 Code, § 18-15; Ord. 98-A(1), 8-5-98, § 14-239(part); Ord. 05-14(1), 4-
20-05, effective 6-20-05)
§ 14-212.4: (Ord. 05-14(1), 4-20-05, effective 6-20-05)
State law reference--Va. Code §§ 15.2-2241(9), 15.2-2244(C), 15.2-2258.
Sec. 14-210 Family subdivisions; procedure.
Each plat for a family subdivision shall be submitted, reviewed and approved as follows:
A. The plat shall meet the standards for plats set forth in Virginia Code § 42.1-82. If land is to be
transferred to a member of the immediate family owning an abutting lot as part of a family subdivision, the land
shall be combined with the abutting lot and shall be so noted on the plat by appropriate symbol and wording.
B. Within sixty (60) days after submittal of the plat, the agent shall determine whether it complies
with the applicable requirements of this chapter. If the agent determines that the plat complies, he shall approve
the plat. If the agent determines that the plat does not comply, he shall inform the subdivider in writing of the
reasons for the denial, with citation to the applicable section of this chapter or other law, and what corrections or
modifications will permit approval. The agent shall either mail the notice of denial by first class mail, or
personally deliver it, to the subdivider. However, if the plat requires approval by any agency, department or
authority other than the county, and no evidence is provided at the time the plat is submitted that approval has
been obtained, the agent shall approve or disapprove the plat within thirty-five (35) days after receipt of approval
from the agency, department or authority, provided that the plat shall be approved or denied not later than ninety
(90) days after submittal of the plat.
(9-5-96, 8-28-74; 1988 Code, § 18-58; Ord. 98-A(1), 7-15-98; Ord. 05-14(1), 4-20-05, effective 6-20-05)
State law reference--Va. Code §§ 15.2-2241(1), 15.2-2241(9), 15.2-2244(C), 15.2-2258.
Draft: 11/21/13
19
Sec. 14-211 Family subdivisions; conditions precedent.
A family subdivision shall be approved only if, in addition to satisfying all other applicable requirements
of this chapter, the agent is satisfied that:
A. Only one lot is created for transfer by sale or gift to the same immediate family member.
B. The subdivider has not previously divided any other land within the county by family subdivision
for transfer by sale or gift to the same family member.
C. Each lot proposed to be created complies with all applicable requirements of the zoning
ordinance.
D. The family subdivision is not sought for the purpose of circumventing the requirements of this
chapter applicable to subdivisions. In determining whether a family subdivision is sought for the purpose of
circumventing the requirements of this chapter, the agent shall consider the following factors, among others:
1. Whether the subdivision promotes the cohesiveness of the family;
2. Whether the subdivision is profit motivated for short-term investment purposes;
3. The length of time the subdivider has owned the property; and
4. Whether, after the family subdivision is approved, a lot created by the family subdivision
is conveyed back to the grantor or to a third party.
D. If the lot proposed to be created will be transferred to a member of the immediate family owning
an abutting lot, the family subdivision lot shall be combined with the abutting lot and shall be so noted on the plat
by appropriate symbol and wording.
(9-5-96, 1-3-96, 4-13-88, 12-21-83, 10-17-79, 8-28-74; 1988 Code, § 18-57; Ord. 98-A(1), 7-15-98; Ord. 05-
14(1), 4-20-05, effective 6-20-05)
State law reference--Va. Code § 15.2-2244(C).
Sec. 14-212 Family subdivisions; conditions of approval.
Each approval of a plat for a family subdivision shall be subject to the following conditions:
A. No lot may be created by family subdivision unless it has been owned by the current owner or a
member of his or her immediate family for at least four (4) consecutive years immediately preceding the date the
family subdivision plat is submitted under section 14-210 14-209. For the purposes of this section, and subject to
approval by the county attorney:
1. Land owned as part of a trust for estate planning purposes may be considered to be
owned by the current owner or a member of his or her immediate family upon consideration of the following
factors: (i) the title to the real property is in the name of one or more of the trustees; (ii) if there is more than one
trustee, the intended grantee is a qualifying member of each trustee’s immediate family; (iii) if there is more than
one trustee, all of the trustees agree in writing to the family subdivision; (iv) under the trust instrument, the
trustee(s) retain complete control over the trust assets; and (v) the trust instrument allows the trustee(s) to convey
real property.
Draft: 11/21/13
20
2. A lot created by family subdivision may be conveyed to the custodian of a qualifying
member of the immediate family under the Virginia Uniform Transfers to Minors Act (Virginia Code § 64.2-1900
et seq.)
B. No lot created by the family subdivision, including the residue, may be transferred, except by
devise, descent or operation of law, to a person other than an eligible member of the immediate family of the
subdivider, for a period of four (4) years after the date of recordation of the plat, except for purposes of securing
any purchase money and/or construction loan, including bona fide refinancing, or if the lending institution
requires in writing that the spouse of the member of the immediate family be a co-grantee and co-owner of the lot.
The subdivider shall place a restrictive covenant on the lots created by the family subdivision prohibiting the
transfer of the lots so created to a person who is not a member of the immediate family for the retention period
after the date of recordation. The restrictive covenant shall be subject to review and approval by the county
attorney before it is recorded. If the lot created is conveyed back to the grantor during the retention period, it shall
be recombined with the parent lot within six (6) months after such conveyance and no building permits shall be
issued for the lots until they are recombined.
C. The entrance of the principal means of access for each lot onto any public street shall comply
with Virginia Department of Transportation standards and be approved by the Virginia Department of
Transportation.
D. The following note shall be added to each plat for a family subdivision: “No lot shown on this
family subdivision plat may be sold or conveyed to a person other than an eligible ‘member of the immediate
family,’ as that term is defined in Chapter 14 of the Albemarle County Code, for a period of four (4) years after
the date of recordation of this plat except as authorized by section 14-212(A) of the Albemarle County Code. If
any lot created by the recordation of this plat is conveyed back to the grantor during the four (4) year period, it
shall be recombined with the parent lot within six (6) months after such conveyance.”
(9-5-96, 1-3-96, 4-13-88, 12-21-83, 10-17-79, 8-28-74; 1988 Code, § 18-57; Ord. 98-A(1), 7-15-98; Ord. 05-
14(1), 4-20-05, effective 6-20-05; Ord. 08-14(1), 2-6-08)
State law reference--Va. Code § 15.2-2244(C).
Sec. 14-212.1 Boundary line adjustment; procedure conditions precedent.
Each plat for a boundary line adjustment shall be submitted, reviewed and approved as follows: A
boundary line adjustment shall be approved only if, in addition to satisfying all other applicable requirements of
this chapter, the agent is satisfied that:
A. Within sixty (60) days after submittal of the plat, the agent shall determine whether it complies
with the applicable requirements of this chapter. If the agent determines that the plat complies, he shall approve
the plat. If the agent determines that the plat does not comply, he shall inform the subdivider in writing of the
reasons for the denial, with citation to the applicable section of this chapter or other law, and what corrections or
modifications will permit approval. The agent shall either mail the notice of denial by first class mail, or
personally deliver it, to the subdivider. However, if the plat requires approval by any agency, department or
authority other than the county, and no evidence is provided at the time the plat is submitted that approval has
been obtained, the agent shall approve or disapprove the plat within thirty-five (35) days after receipt of approval
from the agency, department or authority provided that the plat shall be approved or denied not later than ninety
(90) days after resubmittal of the plat.
BA. The lots affected shall have been: (i) part of an otherwise valid and properly recorded subdivision
plat approved pursuant to this chapter or a prior subdivision ordinance of the county; or (ii) part of a properly
recorded deed prior to the adoption of the first subdivision ordinance of the county that required an approved
subdivision plat under the applicable circumstances.
Draft: 11/21/13
21
CB. The application shall not involve the relocation or alteration of any streets, alleys, or easements
for public passage, or other public areas. Easements or utility rights-of-way may be relocated or altered only with
the express written consent of all persons holding an interest therein.
D. An application made during the period of validity of a final plat shall not constitute a waiver of
any rights of the subdivider existing on the date of approval of the plat. The approval of an application shall not
extend the period of validity of the original final plat.
(9-5-96, 8-28-74 (§ 3); 1988 Code, § 18-15; Ord. 98-A(1), 8-5-98, § 14-239(part); Ord. 05-14(1), 4-20-05,
effective 6-20-05)
State law reference--Va. Code § 15.2-2275.
Sec. 14-212.3 Resubdivision without vacation of plat; procedure.
Property may be resubdivided without vacating a recorded plat as follows:
A. An application to modify a recorded final plat that eliminates, relocates or otherwise alters one or
more lot lines shall be submitted and reviewed as provided in sections 14-213 through 14-227, provided that the
modification does not involve the relocation or alteration of streets, alleys, easements for public passage or other
public areas, and provided further that no easements or utility rights-of-way shall be relocated or altered. An
application for such a modification made during the period of validity of the plat shall not constitute a waiver of
any rights of the subdivider existing on the date of approval of the final plat. The approval of such a modification
shall not extend the period of validity of the original final plat. This paragraph shall apply to any subdivision plat
of record, whether or not recorded prior to the adoption of a subdivision ordinance by the county.
B. An application to subdivide a lot or contiguous lots recorded or developed prior to the effective
date of section 6.4 of the zoning ordinance or its predecessor shall be submitted and reviewed as provided in
sections 14-213 through 14-227. The application shall be subject to section 6.4(C) of the zoning ordinance.
C. Nothing in this section limits the right of an owner to apply to vacate a plat or any part thereof, or
to apply for a boundary line adjustment as provided in this chapter.
(9-5-96, 8-28-74 (§3); 1988 Code, § 18-15; Ord. 98-A(1), 8-5-98, § 14-239; Ord. 05-14(1), 4-20-05, effective 6-
20-05)
State law reference--Va. Code §§ 15.2-2275.
Sec. 14-212.4 Easement plats; procedure.
Each easement plat shall be submitted, reviewed and approved as follows:
A. The plat shall meet the standards for plats set forth in Virginia Code § 42.1-82.
B. Within sixty (60) days after submittal of the plat, the agent shall determine whether it complies
with the applicable requirements of this chapter. If the agent determines that the plat complies, he shall approve
the plat. If the agent determines that the plat does not comply, he shall inform the subdivider in writing of the
reasons for the denial, with citation to the applicable section of this chapter or other law, and what corrections or
modifications will permit approval. The agent shall either mail the notice of denial by first class mail, or
personally deliver it, to the subdivider.
C. In making the determination under paragraph (B), the agent shall request comments from any
department, agency or authority affected by the easement plat.
Draft: 11/21/13
22
(Ord. 05-14(1), 4-20-05, effective 6-20-05)
Division 4. Procedure for All Other Subdivisions
Sec. 14-213 General.
Each preliminary and final plat shall be submitted, reviewed and approved as provided in this division 4,
subject to the following:
A. Preliminary plat not mandatory. A subdivider is not required to submit and obtain approval of a
preliminary plat before submitting and seeking approval of a final plat However, the agent may require the
submittal of all information required by section 14-302 if the information is deemed necessary for review of the
final plat.
B. Procedure for certain two-lot subdivisions. Subdivisions that would result in not more than two
(2) lots within the rural areas shall be reviewed and approved as follows:
1. Submittal of plat. The subdivider shall submit a plat for review and approval by the
agent.
2. Review and approval of plat by agent. Within sixty (60) days after submittal of the plat,
the agent shall determine whether it complies with the applicable requirements of this chapter. The agent may
request that any department, agency or authority review the plat and forward its comments to him. If the agent
determines that the plat complies, he shall approve the plat.
(a) If the agent determines that the plat does not comply, he shall inform the
subdivider in writing of the reasons for the disapproval, with citation to the applicable section of this chapter or
other law, and what corrections or modifications will permit approval. The agent shall either mail the notice of
disapproval by first class mail, or personally deliver it, to the subdivider.
(b) If the plat requires approval by any agency, department or authority other than
the county, and no evidence is provided at the time the plat is submitted that such approval has been obtained, the
agent shall approve or disapprove the plat within thirty-five (35) days after receipt of approval from the
department, agency or authority, provided that the plat shall be approved or disapproved not later than ninety (90)
days after resubmittal of the plat.
3. Procedures for other approvals related to plat. Other approvals related to the plat shall
be reviewed and approved as provided in sections 14-224.1, 14-225.1, 14-231.1 and 14-232 through 14-236.
4. Appeal of disapproval of plat. The disapproval of a plat may be appealed as provided in
section 14-226.
5. Period of validity of approved plat, and extension thereof. An approved plat shall be
valid for the periods provided in section 14-229, and the period of validity may be extended as provided in section
14-231.
(9-5-96, 5-5-82, 8-28-74 (§ 8); 1988 Code, § 18-54; Ord. 98-A(1), 7-15-98; Ord. 01-14(1), 5-9-01; Ord. 05-14(1),
4-20-05, effective 6-20-05)
State law reference--Va. Code § 15.2-2241(9).
Sec. 14-214 Period in which to act on preliminary and final plat.
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23
Each preliminary and final plat shall be reviewed and acted upon by the agent or the commission, as
applicable, according to the following schedule:
A. Final plats. A final plat shall be acted upon within sixty (60) days after the date the plat was
officially submitted, as determined pursuant to section 14-221. A final plat that was previously disapproved shall
be approved or disapproved within forty-five (45) days after the date the plat is modified, corrected and
resubmitted for review and approval.
B. Preliminary plats. A preliminary plat shall be acted upon within sixty (60) days after the date the
plat was officially submitted, as determined by section 14-216, subject to the following:
1. Extended period if state agency review required. If approval of a feature of a preliminary
plat by a state agency is necessary, the period in which a preliminary plat shall be acted upon shall not exceed
ninety (90) days. If state agency approval is required, the agent shall promptly forward to the state agency all
documents necessary to allow the state agency to conduct its review. The state agency shall complete its review
within forty-five (45) days of its receipt of the preliminary plat. The agent or the commission shall approve or
disapprove the preliminary plat within thirty-five (35) days of receipt of approvals from all state agencies.
2. Resubmitted preliminary plat. A preliminary plat that was previously disapproved shall
be approved or disapproved within forty-five (45) days after the date the plat is modified, corrected and
resubmitted for review and approval.
(§ 18-46, 9-5-96, 8-28-74 (§ 7); § 18-53(part), 9-5-96, 6-3-81, 8-28-74 (§ 8); 1988 Code, §§ 18-46, 18-53; Ord.
98-A(1), 7-15-98; Ord. 05-14(1), 4-20-05, effective 6-20-05)
State law reference--Va. Code §§ 15.2-2259, 15.2-2260.
Sec. 14-215 Preliminary application conference.
Each subdivider shall participate in a preliminary application conference with staff prior to submittal of a
preliminary plat. The purpose of the conference shall be to allow the subdivider to inform staff of the nature of
the subdivision so that staff and the subdivider can develop an informal program that will guide the review and
approval of the preliminary plat, or parts thereof. The following requirements shall apply:
A. The subdivider shall present a preliminary schematic plat at the preliminary application
conference which shows:
1. the boundary lines of the property;
2. existing land conditions, existing topography at a maximum of twenty (20) foot contour
intervals, and established or approximated one hundred (100) year flood plain limits as shown on the official
flood insurance maps for Albemarle County;
3. the general lay-out design of what is proposed for the subdivision, on a scale of not
smaller than one (1) inch equals one hundred (100) feet;
4. building setback lines;
5. the applicable zoning of the property, including all applicable proffers, special use permit
conditions and variances;
6. the applicable zoning of all abutting properties; and
Draft: 11/21/13
24
7. a notation as to whether the land is within the Albemarle County and/or City of
Charlottesville public water supply watershed or an agricultural-forestal district; and a notation as to whether the
land or the abutting properties is subject to a conservation or open-space easement.
B. Statements made by staff and the subdivider during the preliminary application conference shall
not be binding on the county or the subdivider.
(9-5-96, 8-28-74 (§ 7); 1988 Code, § 18-44; Ord. 98-A(1), 7-15-98; Ord. 05-14(1), 4-20-05, effective 6-20-05)
State law reference--Va. Code § 15.2-2241(9).
Sec. 14-216 Submittal of preliminary plat.
Each preliminary plat shall be submitted to the agent, which shall then be initially processed as follows:
A. A preliminary plat shall be deemed to be officially submitted on the date of the next application
deadline established by the agent after the submittal of the preliminary plat, and its acceptance for official
submittal by the agent.
B. A preliminary plat omitting any information required by section 14-302(A) shall be deemed to be
incomplete and shall not be accepted for official submittal by the agent. This review and determination shall be
made within ten (10) days after the application deadline. The agent shall inform the subdivider in writing of the
reasons for the disapproval, with citation to the applicable section of this chapter or other law, and what
corrections or modifications will permit acceptance of the plat. The agent shall notify the subdivider or his or her
agent of the disapproval in writing by first class mail, personal delivery, or, if consented to by the subdivider in
writing, by fax or email.
C. Within fifteen (15) days after the date the notice of disapproval was mailed or delivered by the
agent, the subdivider may resubmit the preliminary plat together with payment of the fee for the reinstatement of
review. The date of the next application deadline after the resubmittal of the preliminary plat shall be deemed to
be the date upon which the plat was officially submitted. In the event the subdivider fails to resubmit the
preliminary subdivision plat within the fifteen (15) day period, the preliminary plat shall be deemed to be
disapproved and a new application and fee shall be required for submittal of the preliminary plat.
D. A preliminary plat deemed officially submitted shall be transmitted to the site review committee.
E. When the agent determines that a preliminary plat is officially submitted, he shall send notice that
a preliminary plat has been submitted to the owner of each lot abutting the subdivision and to each member of the
board of supervisors and the commission. The notice shall describe the proposed subdivision; the specific
location of the subdivision; the appropriate county office where the preliminary plat may be viewed; and the date
of the site review committee meeting for the preliminary plat. The notice also shall advise each recipient of the
right to request review of the preliminary plat by the commission and the date by which the review must be
requested; or, if review by the commission is otherwise required, the date of the review.
F. The notice required by paragraph (E) shall be mailed or hand delivered at least five (5) days prior
to the site review committee meeting for the preliminary plat. Mailed notice shall be sent by first class mail.
Notice mailed to the owner of each lot abutting the subdivision shall be mailed to the last known address of the
owner, and mailing the notice to the address shown on the current real estate tax assessment records of the county
shall be deemed compliance with this requirement. If a lot abutting the subdivision is owned by the subdivider,
the notice shall be given to the owner of the next abutting property not owned by the subdivider.
Draft: 11/21/13
25
G. The failure of any person to receive the notice required by paragraph (E) shall not affect the
validity of an approved preliminary subdivision plat, and shall not be the basis for an appeal.
(9-5-96, 5-3-79, 8-28-74; 1988 Code, § 18-45; Ord. 98-A(1), 7-15-98; Ord. 05-14(1), 4-20-05, effective 6-20-05)
State law reference--Va. Code §§ 15.2-2241(9), 15.2-2260.
Sec. 14-217 Review of preliminary plat by site review committee.
Upon receipt of a preliminary plat from the agent, the site review committee shall review the plat as
follows:
A. The site review committee shall review each preliminary plat for compliance with the technical
requirements of this chapter.
B. Upon completion of its review, the site review committee shall transmit its requirements and
recommendations to the agent. For the purposes of this section, the term “requirements” means the regulatory
provisions of this chapter and the rules and regulations of each of the agencies of the site review committee; the
term “recommendations” means suggestions for design change as may be deemed in the public interest by site
review committee members in the area of their respective expertise.
C. If a revision is required by the site review committee, the subdivider shall revise the preliminary
plat to include the required revision and shall submit the revision by a date prescribed by the agent. The revision
shall be made prior to the review of the preliminary plat by the agent.
D. If a revision is recommended by the site review committee, the subdivider is not required to make
the revision. If the subdivider elects not to revise the preliminary plat to include the recommended revision, the
subdivider shall submit a written statement to the agent by the revision date prescribed by the agent which states
the reasons and justification for not incorporating the recommendation in the revised plat. The written statement
shall be deemed to be a part of the required revision.
(Ord. 98-A(1), 7-15-98; Ord. 05-14(1), 4-20-05, effective 6-20-05)
State law reference--Va. Code § 15.2-2241(9).
Sec. 14-218 Determining whether agent or commission reviews and acts on preliminary plat.
A preliminary plat shall be reviewed and acted on by either the agent or the commission, as follows:
A. The agent shall review a preliminary plat if it is not subject to review by the commission as
provided in paragraph (B). The agent shall conduct his review pursuant to section 14-219.
B. The commission shall review a preliminary plat if: (i) the subdivider or any owner of a lot
abutting the subdivision, the board of supervisors or any member thereof, the commission or any member thereof,
the zoning administrator, the county executive, or the agent, requests the commission review the preliminary plat;
(ii) if review and approval by the commission of any matter pertaining to the plat is required by this chapter; or
(iii) the subdivider obtained approval of a waiver prior to submittal of the preliminary plat as provided in sections
14-224.1 and 14-225.1 and the preliminary plat is not in substantial accord with the conceptual plan considered
with the waiver request. The commission shall conduct its review pursuant to section 14-220. Each request for
review shall be submitted to the agent by the deadline for requesting review stated in the notice. Each request by
the subdivider or an owner of a lot abutting the subdivision shall be in writing and state the reasons for review.
(Ord. 98-A(1), 7-15-98; Ord. 05-14(1), 4-20-05, effective 6-20-05)
Draft: 11/21/13
26
State law reference--Va. Code §§ 15.2-2241(9), 15.2-2260.
Sec. 14-219 Review and action on preliminary plat by agent.
The agent shall review and act on a preliminary plat as follows:
A. The agent shall review the preliminary plat for compliance with the requirements of this chapter,
and shall make a good faith effort to identify all deficiencies, if any, during the review of the first plat submittal.
The agent shall consider the recommendations of the site review committee and any statement by the subdivider
submitted pursuant to section 14-217(D). The agent also may consider any other evidence pertaining to the
compliance of the preliminary plat with the technical requirements of this chapter as deemed necessary for a
proper review of the plat.
B. The agent shall formulate an action or recommendation. If the agent determines that the
preliminary plat complies with the requirements of this chapter, he shall approve the preliminary plat and
promptly issue a letter to the subdivider stating the conditions which must be satisfied prior to submittal of the
final plat. If the agent determines that the preliminary plat does not comply with the requirements of this chapter,
he shall disapprove the preliminary plat and promptly inform the subdivider of the disapproval as provided in
paragraph (C).
C. A notice of disapproval shall state the reasons for disapproval by identifying the plat’s
deficiencies and citing the applicable sections of this chapter or other law, and what corrections or modifications
will permit approval of the preliminary plat. The agent shall either mail a written notice of disapproval by first
class mail, or personally deliver it, to the subdivider. Within fifteen (15) days after the date the notice of
disapproval was mailed or delivered, the subdivider may resubmit the preliminary plat together with payment of a
fee for the reinstatement of review. The date of the next application deadline following the resubmittal of the
preliminary plat shall be deemed to be the date upon which the preliminary plat was officially submitted. If the
subdivider fails to timely resubmit the preliminary plat, the preliminary plat shall be deemed to be disapproved
and a new application and fee shall be required for submittal of the preliminary plat.
D. If review of a preliminary plat by the commission is permitted, the agent shall not act on the plat
until the deadline for requesting commission review of the plat has passed.
(§ 18-13, 9-5-96, 12-21-83; § 18-47 (part), 9-5-96, 8-28-74 (§ 7); § 18-48, 9-5-96, 8-28-74 (§ 7); 1988 Code, §§
18-13, 18-47, 18-48; Ord. 98-A(1), 7-15-98; Ord. 05-14(1), 4-20-05, effective 6-20-05)
State law reference--Va. Code §§ 15.2-2241(9), 15.2-2259, 15.2-2260.
Sec. 14-220 Review and action on preliminary plat by commission.
The commission shall review and act on a preliminary plat as follows:
A. The commission shall review the preliminary plat for compliance with the requirements of this
chapter, and shall make a good faith effort to identify all deficiencies, if any, during the review of the first plat
submittal. The commission shall consider the recommendations of the site review committee, any statement by
the subdivider submitted pursuant to section 14-217(D), and the agent’s comments and recommendations, which
shall be transmitted by the agent to the commission. The commission also may consider any other evidence
pertaining to the compliance of the preliminary plat with the requirements of this chapter as deemed necessary for
a proper review of the plat.
B. If the commission determines that the preliminary plat complies with the requirements of this
chapter, it shall approve the preliminary plat and direct the agent to issue a letter as provided in section 14 -219(B).
If the commission determines that the preliminary plat does not comply with the requirements of this chapter, it
shall disapprove the preliminary plat and, at the time of its action to disapprove the preliminary plat state the
Draft: 11/21/13
27
reasons for disapproval by identifying the plat’s deficiencies and citing the applicable section of this chapter or
other law and, with the advice of the agent and staff, state what corrections or modifications will permit approval
of the plat. If the commission disapproves the preliminary plat, it shall also direct the agent to issue a notice of
disapproval to the subdivider as provided in section 14-219(C).
C. At the time that it acts to approve a preliminary plat, the commission may determine to review in
whole or in part the final plat for the subdivision. In reviewing and acting upon a preliminary plat, the
commission may exercise any power or authority expressly granted herein to the agent which is applicable to the
review and action.
D. If review of a preliminary plat by the commission is permitted, the commission shall not approve
the plat until the deadline for requesting commission review of the plat has passed.
(§ 18-47 (part), 9-5-96, 8-28-74 (§ 7); § 18-48, 9-5-96, 8-28-74 (§ 7); 1988 Code, §§ 18-47, 18-48; Ord. 98-A(1),
7-15-98; Ord. 05-14(1), 4-20-05, effective 6-20-05)
State law reference--Va. Code §§ 15.2-2241(9), 15.2-2259, 15.2-2260.
Sec. 14-221 Submittal of final plat.
Each final plat shall be submitted to the agent, and it shall be processed as follows:
A. Except as provided by section 14-230, a subdivider shall submit a final plat for approval within
one (1) year of the date of approval of the preliminary plat. For purposes of this section, a final plat shall be
deemed to be officially submitted on the date it is submitted and satisfies the requirements of paragraphs (B) and
(C).
B. Prior to submitting a final plat, a subdivider shall satisfy all conditions of the approval of the
preliminary plat and shall obtain all tentative approvals for the final plat from the departments and agencies
represented on the site review committee. A final plat shall not be accepted by the agent if the subdivider has not
satisfied all of the conditions or has not obtained all required tentative approvals. For purposes of this section, a
“tentative approval” is a formal communication from a reviewing department to the agent stating that all of the
requirements of the reviewing department have been satisfied.
C. A final plat omitting information required by section 14-303 shall be deemed to be incomplete
and shall not be accepted for official submittal by the agent. A determination shall be made by the agent within
ten (10) days after the application deadline. The agent shall inform the subdivider in writing of the reasons for the
disapproval, with citation to the applicable section of this chapter or other law, and what corrections or
modifications will permit acceptance of the plat. The notice of disapproval shall either be mailed to the
subdivider by first class mail, or personally delivered to the subdivider.
D. Within fifteen (15) days after the date the notice of rejection was mailed or delivered by the
agent, the subdivider may resubmit the final plat together with payment of a fee for the reinstatement of review.
The date of the next application deadline following the resubmittal of the final plat shall be deemed to be the date
upon which the plat was officially submitted. In the event the subdivider fails to resubmit the final plat within the
fifteen (15) day period, the final plat shall be deemed to be disapproved and a new application and fee shall be
required for submittal of the final plat.
E. A final plat deemed complete by the agent shall be transmitted to the site review committee.
F. If the commission is required to review a final plat as provided in section 14-225, or if a
preliminary plat was not first submitted and approved, the agent shall send notice that a final plat has been
submitted pursuant to the procedures and requirements set forth in sections 14-216(E), (F) and (G).
Draft: 11/21/13
28
(§ 18-51, 9-5-96, 8-28-74 (§ 7); § 18-53, 9-5-96, 6-3-81, 8-28-74 (§ 8); 1988 Code, §§ 18-51, 18-53; Ord. 98-
A(1), 7-15-98; Ord. 05-14(1), 4-20-05, effective 6-20-05)
State law reference--Va. Code §§ 15.2-2241(9), 15.2-2258.
Sec. 14-222 Review of final plat by site review committee.
Upon receipt of a final plat from the agent, the site review committee shall review the final plat as
follows:
A. Each final plat shall be reviewed for compliance with the requirements of this chapter in effect at
the time of preliminary plat approval, provided that all other requirements of sections 14-300, 14-301 and 14-303
are met.
B. If the final plat is subject to review and approval by the agent, the site review committee shall
recommend approval if it determines that the final plat complies with the technical requirements of this chapter
and that all conditions of the preliminary plat approval have been satisfied. If the site review committee
determines that the final plat does not comply with the technical requirements of this chapter, or that all
conditions of the preliminary plat approval have not been satisfied, it shall identify those requirements which have
not been complied with and those conditions which have not been satisfied.
C. The determinations of the site review committee made pursuant to paragraph (B) shall be in
writing and be submitted to the agent within the time period as may be specified by the agent.
(Ord. 98-A(1), 7-15-98; Ord. 05-14(1), 4-20-05, effective 6-20-05)
State law reference--Va. Code §§ 15.2-2241(9), 15.2-2258.
Sec. 14-223 Determining whether agent or commission reviews and acts on final plat.
A final plat shall be reviewed and acted on by either the agent or the commission, as follows:
A. The agent shall review a final plat if it is not subject to review by the commission as provided in
paragraph (B). The agent shall conduct his review pursuant to section 14-224.
B. The commission shall review a final plat if: (i) the agent determines there is a substantial change
from the preliminary plat approved by the commission; (ii) the commission requested review of the final plat
during preliminary plat approval, as provided by section 14-220(C); (iii) the subdivider requests review, using the
same procedure as provided in section14-218(B); or (iv) the subdivider obtained approval of a waiver prior to
submittal of the preliminary plat as provided in sections 14-224.1 and 14-225.1 and the final plat is not in
substantial accord with the conceptual plan considered with the waiver request. The commission shall conduct its
review pursuant to section 14-225.
(Ord. 98-A(1), 7-15-98; Ord. 05-14(1), 4-20-05, effective 6-20-05)
State law reference--Va. Code §§ 15.2-2241(9), 15.2-2258.
Sec. 14-224 Review and action on final plat by agent.
Upon receipt of a final plat from the site review committee, the agent shall review the final plat as
follows:
Draft: 11/21/13
29
A. The agent shall review the final plat for compliance with the requirements of this chapter in effect
at the time of preliminary plat approval, provided that all other requirements of sections 14-300, 14-301 and 14-
303 are met. For the final plat of each section of a phased subdivision, the agent shall also review the final plat
for compliance with applicable regulations, and all requirements of the zoning ordinance in effect at the time the
plat for that section is being reviewed or, in the case of a planned development, the zoning ordinance selected by
the subdivider under section 8.5.5.2 of the zoning ordinance. The agent shall make a good faith effort to identify
all deficiencies, if any, during the review of the first plat submittal. The agent shall consider the
recommendations and determinations made by the site review committee.
B. If the agent determines that the final plat complies with the requirements of this chapter and that
all conditions of approval of the preliminary plat have been satisfied, the agent shall sign the final plat. If the
agent determines that the final plat does not comply with all requirements of this chapter or that all conditions of
approval of the preliminary plat have not been satisfied, the final plat shall be disapproved and the agent shall
promptly inform the subdivider of the disapproval by issuing a notice of disapproval to the subdivider which
complies with the notice requirements stated in section 14-219(C).
C. If review of a final plat by the commission is permitted, the agent shall not act on the plat until
the deadline for requesting commission review of the plat has passed.
(9-5-96, 6-3-81, 8-28-74 (§ 8); 1988 Code, § 18-53; Ord. 98-A(1), 7-15-98; Ord. 05-14(1), 4-20-05, effective 6-
20-05)
State law reference--Va. Code §§ 15.2-2241(9), 15.2-2258, 15.2-2259.
Sec. 14-224.1 Waiver of certain requirements by the agent.
The agent may waive requirements as provided in sections 14-313, 14-401, 14-404, 14-405, 14-407, 14-
409, 14-412, 14-419 and 14-420, as follows:
A. A subdivider shall submit to the agent a written request stating the reason and justification for the
request and all proposed alternatives. The subdivider shall have the burden of producing the evidence to enable
the agent to make the findings required by this section.
B. The subdivider may appeal the disapproval of a waiver, or the approval of a waiver with
conditions objectionable to the subdivider, to the commission as provided in section 14-226. In reviewing a
waiver request, the commission may approve or disapprove the waiver based upon the applicable findings set
forth in this section, amend any condition imposed by the agent, and impose any conditions it deems necessary.
(Ord. 05-14(1), 4-20-05, effective 6-20-05; Ord. 09-14(2), 10-14-09)
Sec. 14-225 Review and action on final plat by commission.
Upon receipt of a final plat because review by the commission is requested or required, the commission
shall review the plat as follows:
A. The commission shall review the final plat for compliance with the requirements of this chapter,
and shall make a good faith effort to identify all deficiencies, if any, during the review of the first pla t submittal.
The commission shall consider the recommendations of the site review committee, the recommendations and
comments of the agent, and any statement of the subdivider in response to the recommendations and comments,
which shall be transmitted by the agent to the commission. The commission also may consider any other
evidence pertaining to the compliance of the preliminary plat with the requirements of this chapter as deemed
necessary for a proper review of the plat.
Draft: 11/21/13
30
B. If the commission determines that the final plat complies with the requirements of this chapter
and, if a preliminary plat was submitted and approved, that all conditions of approval of the preliminary plat have
been satisfied, the commission shall approve the final plat and direct the agent to sign the plat. If the commission
determines that the final plat does not comply with all requirements of this chapter or that all conditions of
approval of the preliminary plat have not been satisfied, it shall disapprove the final plat and, at the time of its
action to disapprove the plat, identify the reasons for disapproval, with citation to the applicable section of this
chapter and, with the advice of the agent and staff, state what corrections or modifications will permit approval of
the plat. If the commission disapproves the final plat, it shall also direct the agent to issue a notice of disapproval
to the subdivider which complies with the notice requirements stated in section 14-219(C).
C. If review of a final plat by the commission is permitted, the commission shall not approve the plat
until the deadline for requesting commission review of the plat has passed.
D. In reviewing and acting upon a final plat, the commission may exercise any power or authority
expressly granted herein to the agent which is applicable to the review and action.
(9-5-96, 6-3-81, 8-28-74 (§ 8); 1988 Code, § 18-53; Ord. 98-A(1), 7-15-98; Ord. 05-14(1), 4-20-05, effective 6-
20-05)
State law reference--Va. Code §§ 15.2-2241(9), 15.2-2258, 15.2-2259.
Sec. 14-225.1 Waiver of certain requirements by the commission.
The commission may waive requirements as provided in sections 14-234, 14-409, 14-410, 14-414 and 14-
422, as follows:
A. A subdivider shall submit to the agent a written request stating the reason and justification for the
request and all proposed alternatives. The subdivider shall have the burden of producing the evidence to enable
the commission to make the findings required by this section. The agent shall review the request and transmit his
recommendation of approval, approval with conditions, or disapproval to the commission. If the agent
recommends approval or approval with conditions, the recommendation shall be accompanied by a statement by
the agent as to the public purpose served by the recommendation, particularly in regard to the purpose and intent
of this chapter, the zoning ordinance and the comprehensive plan. The director of planning and the county
engineer shall provide recommendations to the commission as to whether and how the waiver would accomplish
county goals, policies, good planning practice and good engineering practice.
B. The subdivider may appeal the disapproval of a waiver, or the approval of a waiver with
conditions objectionable to the subdivider, to the board of supervisors as an appeal of a disapproval of the plat as
provided in section 14-226. In reviewing a waiver request, the board may approve or disapprove the waiver based
upon the applicable findings set forth in this section, amend any condition imposed by the commission, and
impose any conditions it deems necessary.
(9-5-96, 8-28-74 (§ 10); 1988 Code, § 18-3; Ord. 98-A(1), 8-5-98, § 14-237; Ord. 05-14(1), 4-20-05, effective 6-
20-05; Ord. 09-14(2), 10-14-09)
State law reference--Va. Code § 15.2-2242(1).
Sec. 14-226 Appeal of disapproval of preliminary or final plat; resubmittal.
If a preliminary or final plat is disapproved by the agent or the commission:
A. Judicial review. It may be subject to judicial review as provided in Virginia Code §§ 15.2-
2259(C) and 15.2-2260(E).
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31
B. Appeal to board of supervisors. In the alternative and in addition to seeking judicial review, and
at the sole option of the subdivider, the subdivider may appeal the disapproval to the board of supervisors . The
appeal shall be in writing and be filed with the agent within ten (10) days of the date of the disapproval. The
board may affirm, reverse, or modify in whole or in part, the disapproval. In so doing, the board shall give due
consideration to the recommendations of the agent, the site review committee or the commission. In addition, it
may consider such other evidence as it deems necessary for a proper review of the application.
C. Resubmittal. In the alternative and in addition to seeking judicial review, and at the sole option of
the subdivider, the subdivider may resubmit the plat after it has been modified or corrected to address the
deficiencies identified by the agent or the commission. The modified or corrected plat shall be resubmitted t o the
agent within thirty (30) days’ of the date of the disapproval. The agent or the commission, as the case may be,
shall act on the resubmitted plat within forty-five (45) days after the date it was resubmitted. If the resubmitted
plat is disapproved, the subdivider may seek judicial review, appeal the disapproval to the board of supervisors, or
resubmit a modified or corrected plat as provided herein.
(9-5-96, 11-4-82, 11-3-82; 1988 Code, § 18-4; Ord. 98-A(1), 7-15-98; Ord. 05-14(1), 4-20-05, effective 6-20-05)
State law reference--Va. Code §§ 15.2-2241(9), 15.2-2259, 15.2-2260.
Division 5. Period of validity of subdivision plat
Sec. 14-228 Period of validity of approved preliminary plat.
A preliminary plat shall be valid for a period of five (5) years from the date it is approved pursuant to this
chapter, provided that the subdivider submits a final plat for all or a portion of the property within one (1) year of
the approval as provided in section 14-221, and thereafter diligently pursues approval of the final plat. After three
(3) years following preliminary plat approval, the agent may, after ninety (90) days’ written notice provided by
certified mail to the subdivider, revoke the approval upon a specific finding of facts that the subdivider failed to
diligently pursue approval of the final plat. The failure to officially submit a final plat as provided in section 14-
221 within the one (1) year period shall render the approval of the preliminary plat null and void. For purposes of
this section, the date the preliminary plat is approved shall be the date that the letter of approval required by
section 14-219(B) or 14-220(B) is mailed.
(9-5-96, 8-28-74 (§ 7); 1988 Code, § 18-50; Ord. 98-A(1), 7-15-98; Ord. 05-14(1), 4-20-05, effective 6-20-05)
State law reference--Va. Code §§ 15.2-2241(9), 15.2-2260.
Sec. 14-229 Period of validity of approved final plat.
A final plat for a subdivision which is not a phased subdivision eligible to be subject to section 14-230
shall be valid for the following periods:
A. A final plat shall be valid for a period of one (1) year from the date the agent affixes his signature
to the plat, or for any other period specified in a surety agreement entered into by and between the subdivider and
the county, whichever is later, if: (i) the subdivider has commenced construction of facilities to be dedicated for
public use pursuant to an approved plan or permit with approved surety; or (ii) the subdivider has furnished surety
in a form authorized by section 14-435(A) in the amount of the estimated cost of construction of the facilities.
B. The failure to record an approved final plat in the office of the clerk of the circuit court of the
county during its period of validity shall render the approval null and void.
C. An application for a boundary line adjustment made during the period of validity of a final plat
shall not constitute a waiver of any rights of the subdivider existing on the date of approval of the plat. The
approval of an application shall not extend the period of validity of the original final plat.
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32
D. For purposes of this section, an approved plat for a rural subdivision, family subdivision,
boundary line adjustment plat, easement plat or a vacation plat is a “final plat.”
(Ord. 98-A(1), 7-15-98; Ord. 05-14(1), 4-20-05, effective 6-20-05)
State law reference--Va. Code § 15.2-2241(8).
Sec. 14-230 Period of validity of approved plat for phased subdivision.
If a subdivider of a phased subdivision records a final plat which is a section of a subdivision shown on
an approved preliminary plat, the plat shall be valid for the following period:
A. The subdivider shall have the right to record the remaining sections shown on the preliminary plat
for a period of five (5) years from the date the final plat for the first section was recorded, or for any longer period
as the agent or the commission may determine to be reasonable if the subdivider furnished to the board of
supervisors, as part of the approval of the final plat for that section, a surety in a form authorized by section 14-
435(A) in the amount of the estimated cost of construction of the facilities to be dedicated within that section for
public use and maintained by the county, the commonwealth, or other public agency.
B. The agent or the commission may grant a longer period to record the final plats for the remaining
sections, if at all, upon the request of the subdivider and at the time of the approval of the final plat for the first
section. In acting on a request, the agent or the commission shall consider the size and phasing of the proposed
development.
C. During the period that a final plat is valid as provided in this section, each plat for each
subsequent phase shall be subject to this chapter, engineering and construction standards, and all requirements of
the zoning ordinance in effect at the time the plat for each remaining phase is recorded.
(Ord. 98-A(1), 7-15-98; Ord. 05-14(1), 4-20-05, effective 6-20-05)
State law reference--Va. Code § 15.2-2241(5).
Sec. 14-231 Extension of period of validity of approved preliminary or final plat.
The period of validity of an approved preliminary or final plat may be extended as follows:
A. The period of validity of an approved preliminary plat or an approved but not recorded final plat
may be extended by the agent for up to one (1) year from the original date the approval of the plat was scheduled
to expire. An extension may be granted only if the subdivider submits a written request for an extension,
accompanied by the required fee, which is received by the agent at least ten (10) days prior to the expiration date
of the plat. The agent shall act upon the request on or prior to the date the approval of the plat was scheduled to
expire. The written request shall address, to the extent they apply, whether: (i) all conditions of preliminary plat
approval have been substantially satisfied or if not, what governmental agencies or acts of God have caused
unusual delays in substantially satisfying the conditions; (ii) there is significant progress in the construction of
improvements; (iii) there has been a significant relevant change in a relevant policy in the comprehensive plan or
any regulation in the zoning ordinance or any other chapter of the Code affecting the property; and (iv) the project
has progressed without being cited for any construction-related violation of the Code or, if a violation occurred,
that it was corrected in a timely manner.
B. The agent shall act upon the request on or prior to the date the approval of the plat was scheduled
to expire. If the agent fails to approve or disapprove a timely request for extension before the plat expires, the
expiration of the plat shall be temporarily suspended until the date of the agent’s decision.
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33
C. The agent may grant an extension determined to be reasonable, taking into consideration the size
and phasing of the proposed development and the laws, ordinances and regulations in effect at the time of the
request for an extension.
D. The period of validity of a recorded final plat may be extended by the agent one (1) or more times
for a period as the agent determines to be reasonable. An extension shall be granted only upon a written request
of the subdivider which is received by the agent in a timely manner so as to allow the agent to act on the request
before the date the approval of the final plat was scheduled to expire. The written request shall satisfy the
requirements of paragraph (A), and the agent shall grant an extension only upon consideration of the factors
delineated in paragraph (A).
E. A subdivider may appeal the denial of an extension request to the circuit court as provided in
Virginia Code § 15.2-2261(B)(2). In the alternative and in addition to seeking judicial review, and at the sole
option of the subdivider, the subdivider may appeal the disapproval to the board of supervisors. The appeal shall
be in writing and be filed with the agent within ten (10) days of the date of the disapproval. The board may
affirm, reverse, or modify in whole or in part, the disapproval. In so doing, the board shall give due consideration
to the recommendations of the agent. In addition, it may consider such other evidence as it deems necessary for a
proper review of the application. If the subdivider appeals a disapproval to the board of supervisors, the
expiration of the plat shall be temporarily suspended until the date of the board’s decision.
(9-5-96, 8-28-74 (§ 7); 1988 Code, § 18-50; Ord. 98-A(1), 7-15-98; Ord. 05-14(1), 4-20-05, effective 6-20-05)
State law reference--Va. Code § 15.2-2261.
Sec. 14-231.1 Changes or revisions to preliminary or final plat.
Changes, revisions or erasures made to a preliminary or final plat shall be made as follows:
A. An approved preliminary or final plat or accompanying data sheet may be changed or revised,
including erasures, only with the prior express written authorization of the agent, except when the change has
been required by the site review committee or the commission.
B. An approved final plat which is changed or revised shall be submitted and reviewed as provided
in sections 14-213 through 14-227, provided that the agent may approve minor changes or revisions to the plat if
he determines that the plat, as changed or revised: (i) complies with all requirements of this chapter and all other
applicable laws; (ii) substantially complies with the approved final plat and all conditions of preliminary plat
approval; and (iii) will have no additional adverse impact on adjacent land or public facilities.
C. A changed or revised final plat shall be signed by the owner as provided in section 14-303(O).
(Ord. 98-A(1), 8-5-98; § 14-238; Ord. 05-14(1), 4-20-05, effective 6-20-05)
State law reference--Va. Code § 15.2-2241(9).
Sec. 14-213 General.
The procedures in sections 14-214 through 14-231.2 shall apply to each subdivision that does not qualify
for the procedures in section 14-209.
A. Preapplication conference and schematic plat optional. The preapplication conference and
schematic plat procedure set forth in sections 14-213 through 14-216 is not mandatory and is at the sole option of
the subdivider.
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34
B. Preliminary plat required; prerequisite to submittal of final plat. The preliminary plat procedure
set forth in sections 14-217 through 14-225 is mandatory and no final plat shall be submitted unless a preliminary
plat was approved for the subdivision and the preliminary plat is valid at the time the final plat is submitted.
(9-5-96, 5-5-82, 8-28-74 (§ 8); 1988 Code, § 18-54; Ord. 98-A(1), 7-15-98; Ord. 01-14(1), 5-9-01; Ord. 05-14(1),
4-20-05, effective 6-20-05)
State law reference--Va. Code § 15.2-2241(9).
Sec. 14-214 Preapplication conference.
A subdivider may request a preapplication conference by submitting the following to the department of
community development in accordance with the submittal schedule established by the agent:
A. Preapplication schematic plat. A preapplication schematic plat meeting the requirements of
sections 14-215 and 14-216.
B. Other information. A letter stating which provisions of this chapter the subdivider believes will
require a variation or exception under section 14-203.1 or a special exception under the zoning ordinance. The
letter need not include a justification or any supporting information.
§ 14-215: (9-5-96, 8-28-74 (§ 7); 1988 Code, § 18-44; Ord. 98-A(1), 7-15-98; Ord. 05-14(1), 4-20-05, effective 6-
20-05)
State law reference – Va. Code §§ 15.2-2241(9), 15.2-2255, 15.2-2258, 15.2-2286(A)(8).
Sec. 14-215 Form and style of preapplication schematic plat.
Each preapplication schematic plat submitted shall comply with the following:
A. Number of copies. Three (3) clearly legible copies in blue or black ink of the plat shall be
submitted.
B. Scale and size. The plat shall be prepared to the scale of one (1) inch equals twenty (20) feet or to
another scale approved by the agent in a particular case. No sheet shall exceed forty-two (42) inches by thirty-six
(36) inches in size. The plat may be prepared on one (1) or more sheets. If prepared on more than one (1) sheet,
match lines shall clearly indicate where the several sheets join. The top of the sheet shall be approximately either
north or east.
C. Dimensions. The plat shall be dimensioned to at least the following standards for accuracy:
1. Boundary, setback and zoning lines: One foot in one thousand (1:1,000) feet.
2. Existing contours: One-half (½) of the contour interval required in section 32.5.2(d).
3. Proposed contours: Within five (5) feet horizontally and vertically.
4. Existing structures, utilities and other topographic features: Within five (5) feet.
5. Proposed structures, roads, parking lots and other improvements: Within five (5) feet.
§ 14-215: (9-5-96, 8-28-74 (§ 7); 1988 Code, § 18-44; Ord. 98-A(1), 7-15-98; Ord. 05-14(1), 4-20-05, effective 6-
20-05)
Draft: 11/21/13
35
State law reference – Va. Code §§ 15.2-2241(9), 15.2-2255, 15.2-2258, 15.2-2286(A)(8).
Sec. 14-216 Contents of preapplication schematic plat.
Each preapplication schematic plat shall contain the following information:
A. General information. The name of the subdivision; names of the owner, subdivider and individual
who prepared the plat; tax map and parcel number; boundary dimensions; zoning district; descriptions of all
proffers, special use permits and conditions thereof, special exceptions and conditions thereof, variances and
conditions thereof, application plats, codes of development and bonus factors applicable to the site; magisterial
district; county and state; north point; scale; one datum reference for elevation (if the site includes land subject to
section 30.3, flood hazard overlay district, United States Geological Survey vertical datum shall be shown and/or
correlated to plat topography); the source of the topography; departing lot lines; minimum setback lines, yard and
building separation requirements; the source of the survey; sheet number and total number of sheets; and the
names of the owners, zoning district, tax map and parcel numbers and present uses of abutting parcels.
B. Information regarding the proposed use. Written schedules or data as necessary to demonstrate
that the site can accommodate the proposed uses, including proposed uses and maximum acreage occupied by
each use; maximum number of dwelling units by type including the number of bedrooms for multi-family
dwellings; gross residential density; square footage of recreational areas, percentage and acreage of open space;
maximum square footage for commercial and industrial uses; maximum floor area ratio and lot coverage for
industrial uses; maximum height of all structures; schedule of parking including the maximum amount required
and the amount provided; and the maximum amount of impervious cover on the site.
C. Phase lines. If phasing is planned, phase lines.
D. Topography and proposed grading. Existing topography (up to twenty [20] percent slope,
maximum five [5] foot contours, over twenty [20] percent slope, maximum ten [10] foot contours) for the entire
site with sufficient offsite topography to describe prominent and pertinent offsite features and physical
characteristics, but in no case less than fifty (50) feet outside of the site unless otherwise approved by the agent;
proposed grading (maximum five [5] foot contours) supplemented where necessary by spot elevations; areas of
the site where existing slopes are critical slopes.
E. Watercourses and other bodies of water. The name and location of all watercourses and other
bodies of water adjacent to or on the site; indicate whether the site is located within the watershed of a public
water supply reservoir.
F. On-site sewage system setback lines. The location of on-site sewage system setback lines from
watercourses including intermittent streams and other bodies of water.
H. Flood plain. The one hundred (100) year flood plain limits as shown on the official flood
insurance maps for Albemarle County.
I. Streets, easements and travelways. The existing and proposed streets, access easements, alley
easements and rights-of-way, and travelways, together with street names, state route numbers, right-of-way lines
and widths, and pavement widths.
J. Existing sewer and drainage facilities. The location and size of existing water and sewer facilities
and easements, the storm drainage system, and drainage easements.
K. Proposed sewer and drainage facilities. The proposed conceptual layout for water and sewer
facilities and the storm drainage system, indicating the direction of flow in all pipes and watercourses with
arrows.
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36
L. Existing and proposed utilities. The location of other existing and proposed utilities and utility
easements, including existing telephone, cable, electric and gas easements.
M. Ingress and egress. The location of existing and proposed ingress to and egress from the site,
showing the distance to the centerline of the nearest existing street intersection.
N. Existing and proposed improvements. The location and dimensions of all existing and proposed
improvements including buildings (maximum footprint and height) and other structures; walkways; fences; walls;
trash containers; outdoor lighting; landscaped areas and open space; recreational areas and facilities; parking lots
and other paved areas; and loading and service areas.
O. Areas to be dedicated or reserved. All areas intended to be dedicated or reserved for public use.
P. Symbols and abbreviations. A legend showing all symbols and abbreviations used on the plat.
Q. Dam break inundation zones. The limits of a dam break inundation zone.
State law reference – Va. Code §§ 15.2-2241(9), 15.2-2255, 15.2-2258, 15.2-2286(A)(8).
Sec. 14-217 Review of preapplication schematic plat.
Each preapplication plat meeting the requirements of sections 14-215 and 14-216 and each letter provided
by section 14-214(B) shall be reviewed by the agent. Within ten (10) days after the submittal, the agent shall send
written comments to the subdivider addressing the following:
A. Compliance with zoning. Whether the proposed use and density complies with this chapter and all
applicable proffers, special use permits and conditions thereof, special exceptions and conditions thereof,
variances and conditions thereof, application plats and codes of development.
B. Variations, exceptions and special exceptions. Identify all variations and exceptions that will be
required under chapter 14 and all special exceptions that will be required under the zoning ordinance, including
references to the sections in this chapter under which the variation, exception or special exception will be sought,
the sections authorizing the variation, exception or special exception, and the sections identifying the information
the subdivider must submit in order for the variation, exception or special exception to be considered.
C. Fees. The amount of the fees required for reviewing the plat and any request for a variation or
exception.
D. Required changes. Identify any features on the plat required to be changed in order to comply
with this chapter or any applicable requirement of a proffer, special use permit, special exception, variance,
application plat or code of development.
E. Recommended changes. Identify any features on the plat recommended to be changed to address
components of the comprehensive plan or sound planning, zoning or engineering practices.
F. Additional information. The agent may require additional information to be shown on the
preliminary plat as deemed necessary in order to provide sufficient information for the agent to adequately review
the plat including, but not limited to, information from a traffic study, landscaping, historic resources and
groundwater.
State law reference – Va. Code §§ 15.2-2241(9), 15.2-2255, 15.2-2258, 15.2-2283, 15.2-2286(A)(8).
Draft: 11/21/13
37
Sec. 14-218 Submittal of preliminary plat; determination of completeness.
Each preliminary plat shall be submitted to the agent and processed as follows:
A. Date of official submittal. A preliminary plat shall be deemed to be officially submitted on the
date of the next application deadline established by the agent after the submittal of the plat and the agent’s
determination that the plat is complete.
B. Timing of review to determine completeness. The agent’s review to determine whether a
preliminary plat is complete shall be made within ten (10) days after the application submittal deadline.
C. Determination that plat is incomplete; notice. A preliminary plat omitting any information
required by sections 14-302 and 14-304 through 14-307.1 shall be deemed to be incomplete and shall not be
accepted for official submittal by the agent. The agent shall inform the subdivider in writing of the reasons for the
disapproval, with citation to the applicable section of this chapter or other law, and what corrections or
modifications will permit acceptance of the plat. The agent shall notify the subdivider or his or her agent of the
disapproval in writing by first class mail, personal delivery, or, if consented to by the subdivider in writing, by fax
or email.
D. Resubmittal. Within fifteen (15) days after the date the notice of disapproval was mailed or
delivered by the agent, the subdivider may resubmit the preliminary plat. The date of the next application deadline
after the resubmittal of the plat shall be deemed to be the date upon which the plat was officially submitted. In the
event the subdivider fails to resubmit the plat within the fifteen (15) day period, the plat shall be deemed to be
disapproved and a new application and fee shall be required for submittal of the plat.
E. Transmittal to site review committee, architectural review board, and state agency. A preliminary
plat deemed officially submitted shall be transmitted to the site review committee. If state agency approval of a
preliminary plat is required, the agent shall forward to the state agency all documents necessary to allow it to
conduct its review within ten (10) days after the preliminary plat is deemed officially submitted.
F. Notice; recipients. When the agent determines that a preliminary plat is officially submitted, he
shall send notice that the plat has been submitted to the owner of each lot abutting the site and to each member of
the board of supervisors and the planning commission. The notice shall describe the type of use proposed; the
specific location of the subdivision; the appropriate county office where the plat may be viewed; and the dates the
site review committee will review the plat.
G. Notice; how provided. The notice required by subsection (F) shall be mailed or hand delivered at
least ten (10) days prior to the site review committee meeting and, if applicable, the architectural review board
meeting at which the preliminary plat will be reviewed. Mailed notice shall be sent by first class mail. Notice
mailed to the owner of each lot abutting the site shall be mailed to the last known address of the owner, and
mailing the notice to the address shown on the current real estate tax assessment records of the county shall be
deemed to be compliance with this requirement. If a lot abutting the site is owned by the subdivider, the notice
shall be given to the owner of the next abutting lot not owned by the subdivider.
H. Notice; defect does not affect validity of plat. The failure of any person to receive the notice
required by subsection (F), or any error in the notice, shall not affect the validity of an approved plat, and shall not
be the basis for an appeal.
§ 14-216: (9-5-96, 5-3-79, 8-28-74; 1988 Code, § 18-45; Ord. 98-A(1), 7-15-98; Ord. 05-14(1), 4-20-05, effective
6-20-05)
State law reference – Va. Code §§ 15.2-2241(9), 15.2-2255, 15.2-2258, 15.2-2260.
Draft: 11/21/13
38
Sec. 14-219 Review of preliminary plat by site review committee.
Upon receipt of a preliminary plat from the agent, the site review committee shall review each plat for
compliance with the technical requirements of this chapter and other applicable laws. Upon completion of its
review, the site review committee shall transmit to the agent its requirements and recommendations. The site
review committee also may recommend to the agent conditions of preliminary plat approval, including conditions
required to be satisfied before a grading permit may be issued under chapter 17. Any recommended conditions
shall pertain to any requirements of this chapter and other applicable laws.
§ 14-217: (Ord. 98-A(1), 7-15-98; Ord. 05-14(1), 4-20-05, effective 6-20-05)
State law reference – Va. Code §§ 15.2-2241(9), 15.2-2255, 15.2-2258, 15.2-2260, 15.2-2286(A)(4),15.2-2306.
Sec. 14-220 Revisions to preliminary plat to address required changes.
Each preliminary plat for which changes are required shall be revised as follows:
A. Requirements identified; letter to the subdivider. If the site review committee or the architectural
review board require or recommend revisions to the preliminary plat, the agent shall promptly issue a letter to the
subdivider stating the required changes that must be made and the recommended changes that may, in the
subdivider’s discretion, be made. The letter shall be sent by first class mail, be personally delivered or, if
consented to by the subdivider in writing, by fax or email.
B. Plat revised to address required changes. The subdivider shall revise the plat to address all of the
required changes before approval of the preliminary plat by the agent. The subdivider is not required to revise the
plat to address any recommendations of the site review committee or the architectural review board.
State law reference – Va. Code §§ 15.2-2241(9), 15.2-2255, 15.2-2258, 15.2-2260.
Sec. 14-221 Deferrral of review of preliminary plat; when application deemed withdrawn.
The review of, and action on, a preliminary plat may be deferred, and an application for a preliminary plat
may be deemed withdrawn, as follows:
A. Request to defer by subdivider. A subdivider may request that review or action on its application
for a preliminary plat be deferred for a specified period up to six (6) months. If during the deferral period the
subdivider does not request the agent to take action on the preliminary plat as provided in section 14-222 within
six (6) months after the date the deferral was requested, the application shall be deemed to have been voluntarily
withdrawn.
B. Failure to submit revised plat. If a subdivider fails to submit a revised preliminary plat to address
all of the requirements within six (6) months after the date of the letter from the agent as provided in section 14-
220, the application shall be deemed to have been voluntarily withdrawn by the subdivider.
C. Extension of deferral period or period to submit revised plat. Before the deferral period in
subsection (A) expires, the subdivider may request that the agent extend the period before the application is
deemed to have been voluntarily withdrawn. The request must be received by the agent before the deferral period
expires. The agent may grant one extension for a period determined to be reasonable, taking into considerat ion the
size or nature of the proposed subdivision, the complexity of the review, and the laws in effect at the time the
extension request is made.
State law reference – Va. Code §§ 15.2-2241(9), 15.2-2255.
Draft: 11/21/13
39
Sec. 14-222 Review and action on preliminary plat by agent.
The agent shall review and act on a preliminary plat as follows:
A. Review. The agent shall review the preliminary plat for compliance with all requirements, and
shall make a good faith effort to identify all deficiencies, if any, during review of the plat. The agent shall
consider the recommendation of the site review committee as to whether the plat complies with all applicable
requirements and any statement by the subdivider. The agent also may consider any other evidence pertaining to
the plat’s compliance with the requirements of this chapter as deemed necessary for a proper review of the plat.
B. Time for action. The agent shall act on the preliminary plat within sixty (60) days after the date
the plat was officially submitted, provided:
1. Alternative time for action if state agency approval is required. If approval of a feature
on the plat by a state agency is required, the agent shall approve or disapprove the plat within thirty-five (35) days
after receipt of approvals from all state agencies, and not more than ninety (90) days after the date the plat was
officially submitted.
2. Suspension of running of time for action. The running of the time by which the agent
must act on a plat shall be suspended: (i) from the date the appeal of a decision on a request for a variation or
exception is submitted under section 14-203.1 until the date the planning commission or the board of supervisors,
as the case may be, acts on the appeal, whichever takes the final action; (ii) from the date of the letter to the
subdivider until the date the revised preliminary plat addressing the required changes is submitted under section
14-223(B); (iii) from the date of the subdivider’s request for a deferral under section 14-221(A); and (iv) during
any extension granted under section 14-221(C).
C. Action to approve and notice of approval. If the agent determines that the preliminary plat
complies with all applicable requirements, he shall approve the plat and promptly issue a letter to the subdivider
informing the subdivider of the approval and stating the requirements that must be included with submittal of the
final plat and those conditions which must be satisfied prior to approval of the final plat and, where applicable,
those conditions which must be satisfied prior to issuance of a grading permit under section 17-204(E). The agent
shall mail the letter by first class mail, personally deliver it to the subdivider, or, if consented to by the subdivider
in writing, deliver it by fax or email.
D. Action to disapprove and notice of disapproval. If the agent determines that the plat does not
comply with all applicable requirements, he shall disapprove the plat and promptly issue a letter to the subdivider
stating the reasons for disapproval by identifying the plat’s deficiencies and citing the applicable sections of this
chapter or other applicable laws, and what corrections or modifications will permit approval of the plat. The agent
shall mail the letter by first class mail, personally deliver it to the subdivider, or, if consented to by the subdivider
in writing, deliver it by fax or email.
E Action to disapprove because of failure to make required revisions; notice of disapproval;
opportunity to resubmit. If the subdivider submits a revised plat under section 14-220 that fails to address all of
the required changes, the plat shall be disapproved. Within fifteen (15) days after the date the notice of
disapproval required by subsection (D) is mailed or delivered by the agent, the subdivider may resubmit the
preliminary plat. The date of the next application deadline after the resubmittal of the plat shall be deemed to be
the date upon which the plat was officially submitted. In the event the subdivider fails to resubmit the plat within
the fifteen (15) day period, the plat shall be deemed to be disapproved and a new application and fee shall be
required for submittal of the plat.
Draft: 11/21/13
40
§ 14-214: (§ 18-46, 9-5-96, 8-28-74 (§ 7); § 18-53(part), 9-5-96, 6-3-81, 8-28-74 (§ 8); 1988 Code, §§ 18-46, 18-
53; Ord. 98-A(1), 7-15-98; Ord. 05-14(1), 4-20-05, effective 6-20-05)
§ 14-219: (§ 18-13, 9-5-96, 12-21-83; § 18-47 (part), 9-5-96, 8-28-74 (§ 7); § 18-48, 9-5-96, 8-28-74 (§ 7); 1988
Code, §§ 18-13, 18-47, 18-48; Ord. 98-A(1), 7-15-98; Ord. 05-14(1), 4-20-05, effective 6-20-05)
State law reference – Va. Code §§ 15.2-2241(9), 15.2-2255, 15.2-2258, 15.2-2260.
Sec. 14-223 Appeal and judicial review of disapproval of preliminary plat.
The disapproval of a preliminary plat may be appealed as follows:
A. Appeal to commission and board of supervisors. If a preliminary plat is disapproved by the agent,
or is approved with conditions that the subdivider objects to, the subdivider at its sole option may appeal the
decision of the agent to the commission and, if the commission disapproves the preliminary plat or affirms the
objectionable conditions, to the board of supervisors. The appeal shall be in writing and be filed with the agent
within ten (10) days after the date of the decision by the agent or by the commission, as the case may be. The
action by the commission and the board shall comply with subsections 14-222(C), (D) and (E), as applicable.
B. Judicial review. If a preliminary plat is disapproved by the agent, the commission or the board of
supervisors, the subdivider may appeal the disapproval to the circuit court as provided in Virginia Code § 15.2-
2260(E). No subdivider is required to appeal the disapproval of the plat under subsection (A) before appealing it
to the circuit court.
§ 14-226: (9-5-96, 11-4-82, 11-3-82; 1988 Code, § 18-4; Ord. 98-A(1), 7-15-98; Ord. 05-14(1), 4-20-05, effective
6-20-05)
State law reference – Va. Code §§ 15.2-2241(9), 15.2-2255, 15.2-2258, 15.2-2260.
Sec. 14-224 Period of validity of approved preliminary plat.
An approved preliminary plat is valid as follows:
A. Valid for five years; prerequisites. A preliminary plat shall be valid for: (i) a period of five (5)
years from the date it is approved pursuant to this chapter, provided that the subdivider submits a final plat for all
or a section of a subdivision as shown on an approved preliminary plat within one (1) year after the approval as
provided in section 14-226, and thereafter diligently pursues approval of the final plat; and (ii) any additional
period as may be provided by state law.
B. Revocation of approval after three years. After three (3) years following preliminary plat
approval, the agent may, after ninety (90) days’ written notice provided by certified mail to the subdivider, revoke
the approval of the preliminary plat upon a specific finding of fact that the subdivider failed to diligently pursue
approval of the final plat.
C. Approval null and void if final plat not submitted within one year. The failure of a subdivider to
officially submit a final plat as provided in section 14-226 within one (1) year after approval of the preliminary
plat shall render the approval of the preliminary plat null and void. For purposes of this section, the date the
preliminary plat is approved shall be the date that the letter of approval required by section 14-222(C) is mailed or
otherwise delivered as provided therein.
§ 14-228: (9-5-96, 8-28-74 (§ 7); 1988 Code, § 18-50; Ord. 98-A(1), 7-15-98; Ord. 05-14(1), 4-20-05, effective 6-
20-05)
State law reference – Va. Code §§ 15.2-2209.1, 15.2-2261
Draft: 11/21/13
41
Sec. 14-225 Effect of approval of preliminary plat on other future and pending approvals.
Subject to sections 14-318, 14-441 and 18-8.5.5.4, for any subdivision within a planned development
zoning district, an approved preliminary plat is an “approved plat” within the meaning of section 17-204(E). As
such, an erosion and sediment control plan and corresponding grading permit may be approved under chapter 17,
provided that the subdivider has satisfied the conditions of approval identified by the agent in the letter required
by section 14-222(C), and further provided that any site within a dam break inundation zone is subject to section
14-441. Except as provided in sections 14-318 and 14-441, nothing in this section shall affect the ability of a
subdivider to obtain approval of an erosion and sediment control plan and corresponding grading permit prior to
approval of a preliminary plat as provided in section 18-8.5.5.4(b).
State law reference – Va. Code §§ 10.1-563, 15.2-2241.
Sec. 14-226 Submittal of final plat; determination of completeness.
Each final plat shall be submitted to the agent and processed as follows:
A. Prerequisites to submittal. A final plat shall not be submitted unless: (i) a preliminary plat was
approved for the subdivision and it remains valid; (ii) the final plat satisfies all of the requirements of section 14-
303 and sections 14-304 through 14-318; and (iii) the final plat satisfies all of the conditions delineated in the
letter provided under section 14-222(C) required to be satisfied prior to submitting the final plat.
B. Date of official submittal. A final plat shall be submitted for approval within one (1) year after the
date of approval of the preliminary plat was mailed or delivered as provided in section 14-222(C). A final plat
submitted ten (10) days or less before the one (1) year period expires shall be deemed to be officially submitted
on the date it is submitted provided that it is complete by satisfying the requirements of subsection (A). A final
plat submitted more than ten (10) days before the one (1) year period expires shall be deemed to be officially
submitted on the date of the next application deadline established by the agent after the submittal of the plat and
the agent’s determination that the plat is complete.
C. Timing of review to determine completeness. The agent’s review to determine whether a final plat
is complete shall be made within ten (10) days after it was submitted.
D. Determination that plat is incomplete; notice. A final plat not satisfying the requirements of
subsection (A) shall be deemed to be incomplete and shall not be accepted for official submittal by the agent. The
agent shall inform the subdivider in writing of the reasons for the disapproval, with citation to the applicable
section of this chapter or other law, and what corrections or modifications will permit acceptance of the plat. The
agent shall notify the subdivider or his or her agent of the disapproval in writing by first class mail, personal
delivery, or, if consented to by the subdivider in writing, by fax or email.
E. Resubmittal. Within fifteen (15) days after the date the notice of disapproval was mailed or
delivered by the agent, the subdivider may resubmit the final plat together with payment of the fee for the
reinstatement of review. The date of the next application deadline after the resubmittal of the plat shall be deemed
to be the date upon which the plat was officially submitted. In the event the subdivider fails to resubmit the plat
within the fifteen (15) day period, the plat shall be deemed to be disapproved and a new application and fee shall
be required for submittal of the plat.
F. Transmittal. A final plat deemed officially submitted shall be transmitted to the site review
committee. If state agency approval of a final plat is required, the agent shall forward to the state agency all
documents necessary to allow it to conduct its review within ten (10) days after the final plat is deemed officially
submitted.
Draft: 11/21/13
42
§ 14-221: (§ 18-51, 9-5-96, 8-28-74 (§ 7); § 18-53, 9-5-96, 6-3-81, 8-28-74 (§ 8); 1988 Code, §§ 18-51, 18-53;
Ord. 98-A(1), 7-15-98; Ord. 05-14(1), 4-20-05, effective 6-20-05)
State law reference – Va. Code §§ 15.2-2241(9), 15.2-2255, 15.2-2258, 15.2-2259, 15.2-2286(A)(8).
Sec. 14-227 Review of final plat by site review committee.
Upon receipt of a final plat from the agent, the site review committee shall review the plat and make its
recommendations as follows:
A. Review for compliance with chapter 14. The plat shall be reviewed to determine that it complies
with the requirements of chapter 14 in effect when the preliminary plat was approved.
B. Review for compliance with chapter 18 and other laws. The plat shall be reviewed to determine
whether it complies with the requirements of chapter 18 and other applicable laws in effect at the time of final plat
review, including but not limited to, sections 17-403 and 17-404; provided that the subdivider may establish that
its rights have vested to have the final plat reviewed under prior versions of chapter 18 or other applicable laws.
C. Review for compliance with conditions of preliminary plat approval. The plat shall be reviewed
to confirm that it satisfies all of the conditions required to be satisfied prior to submitting the final plat, and all of
the conditions required to be satisfied prior to final plat approval, delineated in the letter provided under section
14-222(C).
D. Recommendation. Upon completion of its review, the site review committee shall transmit to the
agent its recommendation for approval if it determines that the plat satisfies the requirements of subsections (A),
(B) and (C), or its recommendation for required changes if it determines the plat does not satisfy the requirements
of subsections (A), (B) or (C).
§ 14-222: (Ord. 98-A(1), 7-15-98; Ord. 05-14(1), 4-20-05, effective 6-20-05)
State law reference – Va. Code §§ 15.2-2121, 15.2-2241(9), 15.2-2255, 15.2-2258, 15.2-2259, 15.2-2286(A)(8).
Sec. 14-228 Revisions to final plat to address required changes.
A final plat for which changes are required shall be revised as follows:
A. Requirements identified; letter to the subdivider. If the site review committee identifies required
changes to the final plat, the committee shall promptly issue a letter to the subdivider stating the changes required
to be made. The letter shall be sent by first class mail, be personally delivered or, if consented to by the subdivider
in writing, by fax or email.
B. Response to address requirements. The subdivider shall revise the plat to address all of the
required changes before approval of the final plat by the agent.
State law reference – Va. Code §§ 15.2-2241(9), 15.2-2255, 15.2-2258, 15.2-2259.
Sec. 14-229 Deferral of review of final plat; when application deemed withdrawn.
The review of, and action on, a final plat may be deferred, and an application for a final plat may be
deemed withdrawn, as follows:
A. Request to defer by subdivider. A subdivider may request that review or action on its application
for a final plat be deferred for a specified period up to six (6) months. If during the deferral period the subdivider
Draft: 11/21/13
43
does not request the agent to take action on the final plat as provided in section 14-230 within six (6) months after
the date the deferral was requested, the application shall be deemed to have been voluntarily withdrawn.
B. Failure to submit revised plat. If a subdivider fails to submit a revised final plat to address all of
the requirements within six (6) months after the date of the letter from the agent as provided in section 14-228, the
application shall be deemed to have been voluntarily withdrawn by the subdivider.
C. Extension of deferral period or period to submit revised plat. Before the deferral period in
subsection (A) expires, the subdivider may request that the agent extend the period before the application is
deemed to have been voluntarily withdrawn. The request must be received by the agent before the deferral period
expires. The agent may grant one extension for a period determined to be reasonable, taking into consideration the
size or nature of the proposed subdivision, the complexity of the review, and the laws in effect at the time the
extension request is made.
State law reference – Va. Code §§ 15.2-2241(9), 15.2-2255.
Sec. 14-230 Review and action on final plat by agent.
The agent shall review and act on a final plat as follows:
A. Review. The agent shall review the final plat for compliance with all requirements, and shall
make a good faith effort to identify all deficiencies, if any, during review of the plat. The agent shall consider the
recommendation of the site review committee as to whether the plat complies with all applicable requirements and
any statement by the subdivider. The agent also may consider any other evidence pertaining to the plat’s
compliance with the requirements of this chapter as deemed necessary for a proper review of the plat.
B. Time for action. The agent shall act on the final plat within sixty (60) days after the date the plat
was officially submitted, provided:
1. Alternative time for action if state agency approval is required. If approval of a feature
on the plat by a state agency is required, the agent shall approve or disapprove the plat within thirty-five (35) days
after receipt of approvals from all state agencies, and not more than ninety (90) days after the date the plat was
officially submitted.
3. Suspension of running of time for action. The running of the time by which the agent
must act on a plat shall be suspended: (i) from the date the appeal of a decision on a request for a variation or
exception is submitted under section 14-203.1 until the date the planning commission or the board of supervisors,
as the case may be, acts on the appeal, whichever takes the final action; (ii) from the date of the letter to the
subdivider until the date the revised preliminary plat addressing the required changes is submitted under section
14-228(B); (iii) from the date of the subdivider’s request for a deferral under section 14-229(A); and (iv) during
any extension granted under section 14-229(C).
C. Action to approve and notice of approval. If the agent determines that the final plat complies with
all applicable requirements, he shall approve and sign the plat, and may issue a letter to the subdivider informing
the subdivider of the approval. The agent shall mail the letter by first class mail, personally deliver it to the
subdivider, or, if consented to by the subdivider in writing, deliver it by fax or email.
D. Action to disapprove and notice of disapproval. If the agent determines that the plat does not
comply with all applicable requirements, he shall disapprove the plat and promptly issue a letter to the subdivider
stating the reasons for disapproval by identifying the preliminary plat’s deficiencies and citing the applicable
sections of this chapter or other law, and what corrections or modifications will permit approval of the plat. The
agent shall mail the letter by first class mail, personally deliver it to the subdivider, or, if consented to by the
subdivider in writing, deliver it by fax or email.
Draft: 11/21/13
44
E. Submittal of corrected or modified plat. Any subdivider who has received a notice of disapproval
under subsection (D) may submit a corrected or modified final plat addressing the deficiencies identified in the
notice of disapproval, as follows:
1. Deadline for submittal. The subdivider shall submit the corrected or modified plat within
sixty (60) days after the date of the notice of disapproval.
2. Time for action. The agent shall act on the corrected or modified plat within forty-five
(45) days after it was submitted.
3. Action to approve or disapprove. The agent shall approve or disapprove the corrected or
modified plat and provide notice of the action to the subdivider as provided under subsections (C) and (D).
§ 14-214: (§ 18-46, 9-5-96, 8-28-74 (§ 7); § 18-53(part), 9-5-96, 6-3-81, 8-28-74 (§ 8); 1988 Code, §§ 18-46, 18-
53; Ord. 98-A(1), 7-15-98; Ord. 05-14(1), 4-20-05, effective 6-20-05)
§ 14-224: (9-5-96, 6-3-81, 8-28-74 (§ 8); 1988 Code, § 18-53; Ord. 98-A(1), 7-15-98; Ord. 05-14(1), 4-20-05,
effective 6-20-05)
State law reference – Va. Code §§ 15.2-2241(9), 15.2-2255, 15.2-2258, 15.2-2259.
Sec. 14-231 Appeal and judicial review of disapproved final plat.
The disapproval of a final plat may be appealed as follows:
A. Appeal to planning commission and board of supervisors. If a final plat is disapproved by the
agent, the subdivider at its sole option may appeal the disapproval to the planning commission and, if the
commission disapproves the plat, to the board of supervisors. The appeal shall be in writing and be filed with the
agent within ten (10) days after the date of the disapproval by the agent or by the commission, as the case may be.
The action by the commission and the board shall comply with sections 14-230(C) and (D).
B. Judicial review. If a final plat is disapproved by the agent, the planning commission or the board
of supervisors, the subdivider may appeal the disapproval to the circuit court as provided in Virginia Code § 15.2-
2259(D). No subdivider is required to appeal the disapproval of the plat under subsection (A) before appealing it
to the circuit court.
§ 14-226: (9-5-96, 11-4-82, 11-3-82; 1988 Code, § 18-4; Ord. 98-A(1), 7-15-98; Ord. 05-14(1), 4-20-05, effective
6-20-05)
State law reference – Va. Code §§ 15.2-2241(9), 15.2-2255, 15.2-2258, 15.2-2260.
Sec. 14-231.1 Period of validity of approved final plat.
An approved final plat is valid as follows:
A. Subdivisions generally; valid for five years or longer. An approved final plat that is not eligible
for being platted in phases under subsection (B) shall be valid for: (i) a period of not less than five (5) years after
the date of its approval or for a longer period as the agent may, at the time of approval, determine to be
reasonable, taking into consideration the size and phasing of the proposed subdivision; and (ii) any additional
period as may be provided by state law. A plat shall be deemed to be approved once it has been signed by the
agent and if the only requirement remaining to be satisfied in order to obtain a building permit is the posting of
any bonds and escrows.
Draft: 11/21/13
45
B. Subdivisions eligible to be platted in phases; right to record final plats in remaining sections. If a
subdivider records a final plat that is a section of a subdivision as shown on an approved preliminary plat and the
subdivider furnishes the surety required by section 14-435 in the amount of the estimated cost of construction of
the facilities to be dedicated for public use within the section and maintained by the county, the Commonwealth,
or any other public agency, the subdivider may record final plats for the remaining sections shown on the
preliminary plat for a period of five (5) years after the recordation date of any section, or for such longer period as
the agent may, at the time approval, determine to be reasonable, taking into consideration the size and phasing of
the proposed subdivision, subject to engineering and construction standards and zoning requirements in effect at
the time that each remaining section is recorded.
C. Request for extension. Upon application by the subdivider submitted prior to expiration of a final
plat, the agent may grant one or more extensions of the approval for additional periods as the agent may, at time
the extension is granted, determine to be reasonable, taking into consideration the size and phasing of the
proposed subdivision, and the laws, ordinances and regulations in effect at the time of the request for an
extension. If the agent denies the request, he shall promptly issue a letter to the subdivider stating the reasons for
the denial. The agent shall mail the letter by first class mail, personally deliver it to the subdivider, or, if
consented to by the subdivider in writing, deliver it by fax or email.
D. Judicial review if request for extension denied. If the agent denies an extension requested under
subsection (C) and the subdivider contends that the denial was not properly based on the regulation applicable
thereto, the considerations for granting an extension delineated in subsection (C), or was arbitrary or capricious,
the subdivider may appeal the denial to the circuit court as provided in Virginia Code § 15.2-2261.
E. Rights attached to valid approved final plat. For so long as the final plat remains valid in accord
with the provisions of this section, no change or amendment to any county ordinance, map, resolution, rule,
regulation, policy or plat adopted after the date the plat was approved shall adversely affect the right of the
subdivider or its successor in interest to commence and complete an approved subdivision in accordance with the
lawful terms of the approved plat unless the change or amendment is required to comply with state law or there
has been a mistake, fraud or a change in circumstances substantially affecting the public health, safety or welfare.
F. Effect of minor amendments and boundary line adjustments. A subdivider’s application for a
minor amendment to an approved final plat or for a boundary line adjustment during a final plat’s period of
validity shall not constitute a waiver of the provisions of this section. The agent’s approval of a minor amendment
or a boundary line adjustment shall not extend the period of validity of the final plat.
§ 14-229: (Ord. 98-A(1), 7-15-98; Ord. 05-14(1), 4-20-05, effective 6-20-05)
§ 14-230: (Ord. 98-A(1), 7-15-98; Ord. 05-14(1), 4-20-05, effective 6-20-05)
§ 14-231: (9-5-96, 8-28-74 (§ 7); 1988 Code, § 18-50; Ord. 98-A(1), 7-15-98; Ord. 05-14(1), 4-20-05, effective 6-
20-05)
State law reference – Va. Code §§ 15.2-2209.1, 15.2-2241(5), 15.2-2261.
Division 65. Procedures for the Approval of Private Streets, Shared Driveways and Alleys
Article III. Subdivision Plat Requirements and Documents to be Submitted
Division 1. Plat Requirements
Sec. 14-301 Form and style of plats.
Each subdivision plat shall comply with the following:
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A. Standards. Except as otherwise provided in subsection (E), each The plat shall meet the
standards for plats set forth in Virginia Code § 42.1-82 17 VAC 15-60-10 et seq.; provided that each final plat to
be submitted for recordation in the office of the clerk of the Albemarle County circuit court shall meet the
standards for plats set forth in 17 VAC 15-60-10 et seq.
B. Scale. The plat shall be drawn to a scale of one (1) inch equals fifty (50) feet or to such scale as
may be approved by the agent in a particular case.
C. Size. The plat shall be prepared on one (1) or more sheets, provided that no sheet shall exceed
twenty-four (24) inches by thirty-six (36) inches in size, and further provided that if the plat is prepared on more
than one (1) sheet, match lines shall clearly indicate where the several sheets join.
D. Approximate North. The top of each sheet shall be approximately north.
E. The plat shall be in a form acceptable for recordation by the clerk of the circuit court of the
county Number of copies. The following number of copies of plats shall be submitted for review, and each copy
shall be clearly legible in blue or black ink:
1. Plats eligible for the procedures in sections 14-206 through 14-208.2: Five (5) copies.
2. Preliminary plats: Sixteen (16) copies.
3. Final plats: One original on mylar and one copy.
(§ 18-45, 9-5-96, 5-3-79, 8-28-74; § 18-51, 9-5-96, 8-28-74 (§ 7); § 18-55, 9-5-96, 2-4-81, 8-28-74 (§ 8); 1988
Code, §§ 18-45, 18-55; Ord. 98-A(1), 8-5-98; Ord. 05-14(1), 4-20-05, effective 6-20-05)
State law reference--Va. Code §§ 15.2-2241(1), (9).
Sec. 14-302 Contents of preliminary plat.
A preliminary plat shall contain the following information:
A. A preliminary plat shall contain the following information, which must be included in order for a
preliminary plat to be deemed complete under section 14-216(B) 14-218:
1. Name of subdivision. The title under which the subdivision is proposed to be recorded.
The title shall not duplicate or be a homonym of an existing or reserved subdivision name within the county, the
City of Charlottesville, or the Town of Scottsville, except if the subdivision is an extension of an existing
subdivision.
2. Vicinity map. A map at a scale of one (1) inch equal to two thousand (2,000) feet
showing the property and its relationship with adjoining land and streets, its relationship with landmarks in the
area and, if the subdivision is a phased subdivision, all other phases of the subdivision for which a final plat has
been approved, in detail adequate to describe the location of the property without field review.
3. Existing or platted streets. The location, width and names of all existing or platted streets
and all other rights-of-way.
4. Private easements. The location and dimensions of all existing and proposed private
easements. Existing easements shall be labeled with the deed book and page number and the name of the owner
of record.
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5. Public easements. The location and dimensions of all existing and proposed public
easements outside of a street right-of-way. Existing easements shall be labeled with the deed book and page
number and the name of the public owner of record. Proposed easements shall be labeled as “dedicated to public
use.”
6. Alleys and shared driveways. The location and dimensions of all easements for alleys
and shared driveways.
7. Existing and departing lot lines. If the property consists of more than one existing lot,
then the identification of the existing lots and their outlines, which shall be indicated by dashed lines; and, the
location of departing lot lines of abutting lots.
8. Proposed lots. The number, approximate dimensions, and area of each proposed lot.
9. Building sites on proposed lots. The location, area and dimensions of a building site on
each proposed lot complying with the requirements of section 18-4.2 of the zoning ordinance. The plat shall also
contain the following note: “Parcel [letter or number] and the residue of Tax Map/Parcel [numbers] each contain a
building site that complies with section 4.2.1 of the Albemarle County Zoning Ordinance.”
10. Right of further division of proposed lots. The number of lots, as assigned by the
subdivider, into which each proposed lot may be further divided by right pursuant to section 18-10.3.1 of the
zoning ordinance, if applicable. The plat shall also contain the following note: “Parcel [letter or number] is
assigned [number] development rights and may/may not be further divided and when further divided these rights
shall not comprise more than [number] acres. The residue of Tax Map/Parcel [numbers] is retaining [number]
development rights and when further divided it shall not consist of more than [number] acres.” Development
rights need not be assigned to a special lot.
11. Instrument creating property proposed for subdivision. The deed book and page number
of the instrument whereby the property was created, as recorded in the office of the clerk of the circuit court of the
county.
12. Topography. Existing topography at the time of plat submittal at up to twenty [20]
percent slope, with a contour interval that is not greater than the interval on aerial topography available from the
county. The source of topography, including survey date and name of the licensed professional; or a statement
that topography data provided by the county was used Proposed grading, with a contour interval equal to the
intervals of the existing topography, supplemented where necessary by spot elevations; areas of the site where
existing slopes are twenty-five (25) percent or greater. Existing topography for the entire site with sufficient
offsite topography to describe prominent and pertinent offsite features and physical characteristics, but in no case
less than fifty (50) feet outside of the site unless otherwise approved by the agent. For property in the rural areas
zoning district, the proposed grading shall show all grading on each proposed lot, including access, clearing and
all other lot improvements.
13. Proposed facilities. The location of proposed water and sewer lines and related
improvements; proposed drainage and stormwater management facilities and related improvements.
14. Land to be dedicated in fee or reserved. The location, acreage, and current owner of all
land intended to be dedicated in fee or reserved for public use, or to be reserved in a deed for the common use of
lot owners in the subdivision.
15. Identification of all owners and certain interest holders. The names and addresses of
each owner of record and holders of any easements affecting the property.
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16. Dam break inundation zones. The limits of a dam break inundation zone.
B. A preliminary plat shall also contain the following information, provided that the preliminary plat
shall not be deemed incomplete for purposes of section 14-216(B) 14-218 if it does not include this information in
the initial plat submittal:
1. General information. The date of drawing, including the date of the last revision, the
number of sheets, the north point, and the scale. If true north is used, the method of determination shall be shown.
2. Name of plat preparer. The name of the person who prepared the plat.
3. Public areas, facilities or uses. The location of all areas shown in the comprehensive
plan as proposed sites for public areas, facilities or uses, as described in Virginia Code § 15.2 -2232, which are
located wholly or in part within the property.
4. Places of burial. The location of any grave, object or structure marking a place of burial
located on the property.
5. Zoning classification. The zoning classification of the property, including all applicable
zoning overlay districts, proffers, special use permits and variances.
6. Tax map and parcel number. The county tax map and parcel number of the property.
7. Reservior watershed; agricultural-forestal district. A notation as to whether the land is
within an Albemarle County and/or City of Charlottesville water supply watershed or an agricultural-forestal
district.
8. Yards. The location of all yards required by this chapter and the zoning ordinance, which
may be shown graphically or described in a note on the plat.
9. Flood plain. The location of any part of the property within the flood hazard overlay
district, as set forth in section 18-30.3 of the zoning ordinance.
10. Stream buffers. The location of stream buffers required by section 17-317 of the water
protection ordinance, with the following note: “The stream buffer(s) shown hereon shall be managed in
accordance with the Albemarle County Water Protection Ordinance.”
(9-5-96, 2-4-81, 8-28-74; 1988 Code, § 18-52; Ord. 98-A(1), 8-5-98; Ord. 05-14(1), 4-20-05, effective 6-20-05;
Ord. 08-14(1), 2-6-08; Ord. 11-14(1), 6-1-11)
State law reference--Va. Code §§ 15.2-2241(1), 15.2-2258, 15.2-2262.
Sec. 14-303 Contents of final plat.
In addition to containing all of the information required by section 14-302, except for the information
required by section 14-302(A)(12), a final plat shall contain the following information:
A. Statement of consent to division. A statement that: “The division of the land described herein
The platting or dedication of the following described land [insert a correct description of the land subdivided] is
with the free consent and in accordance with the desire of the undersigned owners, proprietors and trustees , if
any.” Any reference to future potential development is to be deemed as theoretical only. All statements affixed to
this plat are true and correct to the best of my knowledge.”
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49
B. Section name or number. The name or number of the section if the property is a part of a larger
piece of land.
C. Boundary lines. The exterior boundary lines of the property with bearings in degrees, minutes
and seconds. Curvilinear data shall include radius, central angle, arc length, and tangent distance. All dimensions
shall conform to the standards set forth in this chapter.
D. Acreage of lots. The total acreage of each existing lot and each proposed lot.
E. Dimension standards and information on all lots, streets, alleys, easements, and shared
driveways. All linear, angular, and curvilinear dimensions of lots, streets, alleys, public easements and private
easements and shared driveways shall conform to the requirements set forth in 18 VAC 10-10-370(C) 18 VAC
10-20-370(C), a copy of which shall be on file in the department of community development. Curvilinear data
shall include radius, central angle, arc length, and tangent distances and may be shown either directly on the
corresponding boundary or surveyed line or in table form. Easements shown for private streets, alleys and shared
driveways shall be labeled as “private street easement”, “alley easement” or “shared driveway easement.” The
easement holder(s) shall be identified on the plat. If shared driveways are shown, a note shall be added to the plat
stating that maintenance shall be by the owners of the lots affected by the shared driveway easement, not by the
Virginia Department of Transportation or the county.
F. Identification of sections, blocks and lots. Sections (phases) shall be identified by numbers;
blocks shall be identified by letters; lots shall be identified by numbers, assigned in numerical order.
G. Ownership of common areas. The intended ownership of all common areas.
H. Monuments. The location and material of all permanent reference monuments. Monuments
found or installed prior to plat recordation may be referred to if they are permanent and undisturbed. If any
monument required by this chapter will be installed after recordation of the final plat, the certification of the
professional engineer or land surveyor shall so note.
I. Bearing and distance ties. A definite bearing and distance tie between not less than two (2)
permanent monuments on the exterior boundary of the property and further tie to existing street intersection
where possible and reasonably convenient.
J. Restrictions. Restrictions imposed in conjunction with the approval of the preliminary plat and
their period of existence. If the length of a restriction makes its inclusion on the final plat impractical, and does
not necessitate the preparation of a separate instrument, reference shall be made to the restriction on the final plat.
K. Temporary turnarounds. The location of temporary turnarounds, if needed, with the following
accompanying note: “The area on this plat designated as a temporary turnaround will be constructed and used as
other streets in the subdivision until (street name) is/are extended to (street name), at which time the land in the
temporary turnaround area will be abandoned for street purposes and will revert to adjoining property owners in
accordance with specific provisions in their respective deeds.”
L. Public utility, drainage and sight distance easements. The location and dimensions of each
public utility, drainage and sight distance easement outside of a street right-of-way; for each existing easement,
include a note stating the deed book and page number.
M. Street names. The name of each proposed street, which names shall be subject to approval by the
agent.
N. Statement pertaining to private streets. If the subdivision will contain one or more private streets,
the following statement: “The streets in this subdivision may not meet the standards for acceptance into the
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50
secondary system of state highways and will not be maintained by the Virginia Department of Transportation or
the County of Albemarle.”
O. Signature panels. Signature panels for each owner and for the agent or his designee. The
signature panel for the owner shall be located immediately below the statement required by paragraph (A).
P. Notary panels. Notary panels for the notary to acknowledge the signature of the owner.
Q. Water supply. A statement as to whether the subdivision will be served by a public water supply
and a public sewer system. If the property is not within the service authority jurisdictional area, the following
statement: “Under current county policy, public water and/or sewer service will not be available to this property.”
R. Parent parcel access. If the subdivision is in the rural areas, the following statement, unless a
waiver is granted as provided in section 14-404: “All subsequent divisions of the residue shall enter only onto
such street(s) shown on the approved final plat and shall have no immediate access onto to any public street.”
S. Control points. At least four (4) control points, evenly distributed across the property and located
at survey property corners, and shown on each sheet depicting the property. At the option of the subdivider, the
control points may be shown on a copy of the final plat, rather than on the original final plat.
T. Special lots. If the subdivision creates a special lot, the following note shall be placed on the plat:
“Lot ‘X’ is a special lot established solely for (insert purpose for the special lot as identified in the definition of
special lot in section 14-106).”
(9-5-96, 2-4-81, 8-28-74 (§ 8); 1988 Code, § 18-55; Ord. 98-A(1), 8-5-98; Ord. 02-14(1), 2-6-02; Ord. 05-14(1),
4-20-05, effective 6-20-05; Ord. 11-14(1), 6-1-11)
State law reference--Va. Code §§ 15.2-2241(1), 15.2-2262, 15.2-2264.
Division 2. Documents and Information to be Submitted with Preliminary or Final Plat
Sec. 14-304 Request for critical slopes waiver to disturb critical slopes.
If a critical slopes waiver is requested and has not been previously approved, the subdivider shall submit
with each preliminary plat or, if none, with each final plat, a written request and justification under section 4.2.5
of the zoning ordinance for a waiver authorizing the disturbance of critical slopes. If the proposed subdivision will
require the disturbance of critical slopes, the subdivider shall submit with each preliminary plat, or if none, with
each final plat, a written request or application under the applicable sections of the zoning ordinance.
(Ord. 05-14(1), 4-20-05, effective 6-20-05)
State law reference--Va. Code §§ 15.2-2241(9).
Sec. 14-305 Stormwater management information.
The subdivider shall submit with each preliminary plat or, if none, with each the final plat:
A. Removal rate computations and project drainage area maps as described in the design standards
manual to support conceptual stormwater management/BMP plans. In addition, the subdivider shall submit a
written request and justification for any waiver of water detention requirements allowed by the water protection
ordinance, if such a waiver is needed.
B. If applicable, a mitigation plan as provided in section 17-322 of the water protection ordinance.
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(Ord. 98-A(1), 8-5-98; Ord. 05-14(1), 4-20-05, effective 6-20-05)
State law reference--Va. Code §§ 15.2-2241(3), 15.2-2262.
Sec. 14-307 Stream crossings.
If any lot within the subdivision would be served by a street or driveway crossing a perennial or
intermittent stream, the subdivider shall submit with each preliminary plat or, if none, with each final plat, the
information required to show that the stream crossing would satisfy the requirements of section 17-320(D) or, in
the alternative, section 17-321(4).
(Ord. 05-14(1), 4-20-05, effective 6-20-05)
State law reference--Va. Code §§ 62.1-44.15:73.
Sec. 14-307.1 Dam break inundation zones.
If the proposed subdivision is wholly or partially within the boundaries of a dam break inundation zone,
and the proposed subdivision is a “development” as defined in this chapter, the site review committee shall review
the preliminary plat, or if none, the final plat, as follows: (i) it shall review the dam break inundation zone map on
file with the county for the affected impounding structure; (ii) notify the dam owner about the pr oposed
subdivision; and (iii) within ten (10) days after the application is deemed complete, send a written request to the
Virginia Department of Conservation and Recreation to make a determination of the potential impacts of the
proposed subdivision on the spillway design flood standards required for the dam as provided in Virginia Code §
10.1-606.3.
State law reference--Va. Code §§ 10.1-606.3, 15.2-2243.1.
Division 3. Documents and Information to be Submitted with Final Plat
Sec. 14-317 Instrument evidencing maintenance of certain improvements.
If the subdivision will contain one (1) or more improvements that are not to be maintained by the county
or any authority or other public agency, the subdivider shall submit with the final plat an instrument assuring the
perpetual maintenance of the improvement, as follows:
A. The instrument shall, at a minimum:
1. Identify the plat to which the instrument applies; if the plat has been recorded, the
identification shall include a deed book and page number.
2. State that the improvement will be maintained in perpetuity.
3. State that the improvement will be maintained to a standard that, at a minimum, assures
ensures that it will remain in substantially the condition it was in when approved by the county if the
improvement was installed prior to the agent signing the plat or the condition it is to be in when the surety was
released as provided in section 14-436; for a private street, shared driveway, or alley, the instrument also shall
state verbatim substantially as follows: “The travelway shall at all times be maintained so that it is safe and
convenient for passenger automobiles and emergency vehicles at all times except in severe temporary weather
conditions.”
4. If the instrument pertains to the maintenance of one or more private streets, alleys or
shared driveways, it shall define “maintenance” by stating verbatim substantially as follows: “For purposes of this
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instrument, ‘maintenance’ includes the maintenance of the private streets or alleys, and all curbs, curbs and
gutters, drainage facilities, utilities, dams, bridges and other private street improvements, and the prompt removal
of snow, water, debris, or any other obstruction so as to keep the private street or alley reasonably open for usage
by all vehicles, including emergency services vehicles.”
5. Describe the condition of the improvement when it was approved by the county if the
improvement was installed prior to the agent signing the plat or the condition it is to be in when the surety was
released as provided in section 14-436.
6. Identify the timing or conditions warranting maintenance of the improvement.
7. State a means to collect funds necessary for the cost of maintaining the improvement; at a
minimum, the means stated shall include the right of any landowner subject to the instrument to record a lien
against a non-contributing landowner, to bring an action at law to collect the funds, or both.
8. Describe how maintenance costs will be prorated among the landowners subject to the
instrument (e.g., “equally,” or on a percentage basis); if any lot within the subdivision may be further divided, the
instrument shall also describe how maintenance costs will be prorated among the landowners after division.
9. State verbatim substantially as follows: “No public agency, including the Virginia
Department of Transportation and the County of Albemarle, Virginia, will be responsible for maintaining any
improvement identified herein.”
B. The instrument shall be subject to review and approval by the county attorney and shall be in a
form and style so that it may be recorded in the office of the clerk of the circuit court of the county. The agent
may require that the instrument be on a form prepared by the county attorney.
C. For purposes of this section, the term “to maintain,” or any derivation of that verb, includes the
maintenance, replacement, reconstruction and correction of defects or damage.
D. Nothing in this section shall affect the rights of the county reserved under section 14-440.
(§ 18-7, 9-5-96, 12-21-83; § 18-36 (part), 9-5-96, 8-28-74; 1988 Code, § 18-7, 18-36; Ord. 98-A(1), 8-5-98; Ord.
02-14(1), 2-6-02, § 14-313; Ord. 05-14(1), 4-20-05, effective 6-20-05)
Sec. 14-318 Dam break inundation zones; engineering study and mapping information.
If the proposed subdivision is wholly or partially within the boundaries of a dam break inundation zone,
and the proposed subdivision is a “development” as defined in this chapter,the subdivider shall submit with the
final plat the following:
A. Engineering study. If the Virginia Department of Conservation and Recreation determines that a
plan of development proposed by a subdivider would change the spillway design flood standards of an
impounding structure pursuant to Virginia Code § 10.1-606.3, the subdivider shall submit an engineering study in
conformance with the Virginia Soil and Water Conservation Board’s standards under the Virginia Dam Safety
Act in Virginia Code § 10.1-604 et seq. and the Virginia Impounding Structure regulations in 4 VAC 50-20. The
engineering study shall be reviewed and acted upon by the Virginia Department of Conservation and Recreation
as provided in Virginia Code § 15.2-2243.1.
B. Mapping information. The subdivider shall provide the dam owner, the county, and any other
affected localities with information necessary for the dam owner to update the dam break inundation zone map to
reflect any new development within the dam break inundation zone following completion of the development.
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53
State law reference--Va. Code §§ 10.1-606.3, 15.2-2243.1.
Article IV. On-site Improvements and Design
Division 1. Lots and Blocks
Sec. 14-401 Double frontage lots.
Double frontage lots for single family detached and attached residential uses are prohibited. The
prohibition of double frontage lots may be waived varied or excepted by the agent as provided in section 14-224.1
14-203.1. In considering a waiver request, the agent shall consider whether, because of unusual size, topography,
shape of the property, location of the property or other unusual conditions, excluding the proprietary interests of
the subdivider, the prohibition would not forward the purposes of this chapter or serve the public interest. In
approving a waiver, the agent shall find that granting the waiver would not be detrimental to the public health,
safety or welfare or to the orderly development of the area. Double frontage lots shall be screened as provided in
section 14-419.
(Ord. 98-A(1), 8-5-98, § 14-500; Ord. 05-14(1), 4-20-05, effective 6-20-05)
State law reference--Va. Code §§ 15.2-2241(3), 15.2-2242(1).
Sec. 14-402 Lot shape.
Each lot within a subdivision shall be of a shape which provides a satisfactory and desirable building site,
and shall otherwise be at least the minimum lot width allowed by the applicable provisions of the zoning
ordinance. No lot shall contain peculiarly shaped elongations designed solely to provide the required square
footage of area or frontage on a street. All portions of each lot shall be contiguous.
(9-5-96, 8-28-74; 1988 Code, § 18-29; Ord. 98-A(1), 8-5-98, § 14-503; Ord. 05-14(1), 4-20-05, effective 6-20-05)
State law reference--Va. Code § 15.2-2241(3).
Sec. 14-404 Lot location to allow access from lot onto street or shared driveway.
Each lot within a subdivision shall be located as follows:
A. Single point of access required. Each lot, other than a corner lot within the development areas,
shall have reasonable access to the building site from only one street, shared driveway or alley established at the
same time as the subdivision; provided that, if the subdivision is in the rural areas, each lot created from the
subsequent division of any lot within the subdivision shall enter only onto such street(s) established at the same
time as the original subdivision and shall have no immediate access onto any other public street.
B. Conditions when single point of access not required. Notwithstanding subsection (A), a lot may
be located so that it has reasonable access to the building site from a public street abutting the subdivision if: (i)
the agent approves a waiver variation or exception under subsection (C) and section 14-203.1; (ii) the subdivider
obtains an entrance permit from the Virginia Department of Transportation for the access; (iii) the entrance
complies with the design standards set forth in sections 14-410(F) and 14-410(G); and (iv) the subdivider
demonstrates to the agent prior to approval of the final plat that the waiver variation or exception does not violate
any covenants to be recorded for the subdivision.
C. Lots exempt from requirements of subsections (A) and (B). The requirements of subsections (A)
and (B) shall not apply to the subdivision of a parcel where two (2) or more dwellings existed on the parcel on
October 14, 2009 and one existing dwelling would be located on each lot created.
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54
D. Standards for waiver variation or exception. The requirements of subsection (A) may be waived
varied or excepted by the agent as provided in section 14-224.1 14-203.1. A request for a waiver variation or
exception may be made prior to or with submittal of a preliminary or final plat, as follows:
1. Information to be submitted. A request shall include a justification for the waiver
variation or exception and a conceptual plan. The conceptual plan shall: (i) be drawn at a scale no smaller than
one (1) inch equals two hundred (200) feet showing surveyed boundaries of the property or an alternative scale
approved by the agent; (ii) show the topography of the property at the best interval available from the County
including delineation of proposed building sites; (iii) show the locations of streams, stream buffers, critical slopes,
floodplains, and known wetlands; and (v) show the proposed layout of lots, location of existing features such as
buildings, fences, drainfields, existing driveways or other access ways, or other significant features.
2. Consideration and findings. In reviewing a waiver request for a variation or exception
and determining whether the findings provided in section 14-203.1 can be made, the agent shall consider whether:
(i) installing a single point of access would substantially impact environmental resources such as streams, stream
buffers, critical slopes, and floodplain; (ii) construction of a single point of access would substantially impact
features existing on the property prior to October 14, 2009; (iii) granting the a waiver variation or exception
would contribute to maintaining an agricultural or forestal use of the property; and (iv) granting the a waiver
variation or exception would facilitate development of areas identified in the open space plan as containing
significant resources. In approving a waiver, the agent shall find that requiring the extension would not forward
the purposes of this chapter or otherwise serve the public interest; and granting the waiver would not be
detrimental to the public health, safety or welfare, to the orderly development of the area, to sound engineering
practices, and to the land adjacent thereto.
E. Terms defined. For purposes of this section, the term “reasonable access” means a location for a
driveway or, if a driveway location is not provided, a location for a suitable foot path from the parking spaces
required by the zoning ordinance to the building site; the term “within the subdivision” means within the exterior
boundary lines of the lands being divided.
(§ 18-36 (part), 9-5-96, 8-28-74; § 18-39 (part), 9-5-96, 10-19-77, 5-10-77, 8-28-74; 1988 Code, §§ 18-36, 18-39;
Ord. 98-A(1), 8-5-98, §§ 14-500(C), 14-505; Ord. 05-14(1), 4-20-05, effective 6-20-05; Ord. 09-14(2), 10-14-09;
Ord. 10-14(1), 2-10-10)
State law reference--Va. Code §§ 15.2-2241(5), 15.2-2242(1).
Sec. 14-405 Side lot lines.
Side lot lines of each lot within a subdivision shall be approximately at right angles or radial to the street
line, except turnaround terminal points.
The requirements of this section may be waived varied or excepted by the agent as provided in section 14-
224.1 14-203.1. In reviewing a waiver request, the agent shall determine whether because of unusual size,
topography, shape of the property being subdivided, or the location of the property, strict application of the
standard would result in significant degradation of the property or to the land adjacent thereto, or the waiver
would not prevent the orderly development of the area. In approving a waiver, the agent shall find that requiring
the standard would not forward the purposes of this chapter or otherwise serve the public interest; and granting
the waiver would not be detrimental to the public health, safety or welfare, to the orderly development of the area,
and to the land adjacent thereto.
(9-5-96, 8-28-74; 1988 Code, § 18-32; Ord. 98-A(1), 8-5-98, § 14-506; Ord. 05-14(1), 4-20-05, effective 6-20-05)
State law reference--Va. Code §§ 15.2-2241(3), 15.2-2242(1).
Sec. 14-407 Block width.
Draft: 11/21/13
55
Each block within a subdivision shall be wide enough to allow two (2) tiers of lots of the minimum depth
allowed by the applicable provisions of the zoning ordinance fronting on all streets.
The requirements of this section may be waived varied or excepted by the agent as provided in section 14-
224.1 14-203.1. In reviewing a waiver request for a variation or exception and determining whether the findings
provided in section 14-203.1 can be made, the agent shall consider whether the creation of two (2) tiers of lots of
the minimum depth are prevented by topographical conditions or the size of the property. In approving a waiver,
the agent shall find that requiring the standard would not forward the purposes of this chapter or otherwise serve
the public interest; and granting the waiver would not be detrimental to the public health, safety or welfare, to the
orderly development of the area, and to the land adjacent thereto.
(9-5-96, 8-28-74; 1988 Code, § 18-34; Ord. 98-A(1), 8-5-98, § 14-508; Ord. 05-14(1), 4-20-05, effective 6-20-05)
State law reference--Va. Code §§ 15.2-2241(3), 15.2-2242(1).
Division 2. Streets and Alleys
Sec. 14-409 Coordination and extension of streets.
Public streets within the development areas shall be coordinated and extended as follows:
A. Coordination. All public streets within a subdivision shall be coordinated as to location, width,
grades and drainage with other public streets, as follows: (i) by coordinating with existing or planned streets
within the general area of the subdivision, including but not limited to existing or future adjacent subdivisions, or
subdivisions contiguous to such adjacent subdivisions; and (ii) by continuing the public streets to planned,
existing, or platted streets into adjoining areas by dedication or reservation of right of way adequate to
accommodate continuation of the streets.
B. Extension. All public streets within a subdivision shall be extended and constructed to the
abutting property lines to provide vehicular and pedestrian interconnections to future development on adjoining
lands, terminating within the subdivision with a temporary turnaround. The arrangement of the public streets
shall provide adequate access to adjoining lands within the subdivision where necessary to provide for the orderly
development of the county including, but not limited to, reserving temporary construction easements of sufficient
area to accommodate the future completion of the street when the adjoining lands are developed.
C. Waiver Variation or exception by commission of coordination requirement. The requirements of
subsection (A) may be modified or waived varied or excepted by the commission as provided in section 14-225.1
14-203.1. A request for a waiver variation or exception may be made prior to or with submittal of a preliminary
plat or with an application to rezone the land, as follows:
1. Information to be submitted. If such a request is made, it shall include: (i) a justification
for the request; (ii) a vicinity map showing a larger street network at a scale no smaller than one (1) inch equals
six hundred (600) feet; (iii) a conceptual plan at a scale no smaller than one (1) inch equals two hundred (200) feet
showing surveyed boundaries of the property; (iv) topography of the property at five (5) foot intervals for the
property being subdivided and on abutting lands to a distance of five hundred (500) feet from the boundary line or
a lesser distance determined to be sufficient by the agent; (v) the locations of streams, stream buffers, steep
slopes, floodplains, known wetlands; (vi) the proposed layout of streets and lots, unit types, uses, and location of
parking, as applicable; and (vii) the location of the nearest development and rural area boundaries, and the
maximum number of lots proposed in the subdivision.
2. Consideration and findings. In reviewing a waiver request for a variation or exception
under section 14-203.1, the commission shall consider: (i) the engineering requirements for coordination and
Draft: 11/21/13
56
connection; (ii) whether the need for coordination and connection outweighs the impacts on environmental
resources such as streams, stream buffers, steep slopes, and floodplain; (iii) whether the street would and should
be extended into the rural areas; (iv) whether there is an alternative street connection from another location in the
subdivision that is preferable because of design, traffic flow, or the promotion of the goals of the comprehensive
plan, including the neighborhood model, and the applicable neighborhood master plan; and (v) whether the waiver
variation or exception would enable a different principle of the neighborhood model to be satisfied to a greater
extent so that the overall goals of the neighborhood model are more fully achieved. In approving a waiver, the
commission shall find that requiring coordination would not forward the purposes of this chapter or otherwise
serve the public interest; and granting the waiver would not be detrimental to the public health, safety or welfare,
to the orderly development of the area, to sound engineering practices, and to the land adjacent thereto.
D. Waiver Variation or exception by agent of extension requirement. The requirements of
subsection (B) may be waived varied or excepted by the agent as provided in section 14-224.1 14-203.1. A
request for a waiver variation or exception may be made prior to or with submittal of a preliminary plat or with an
application to rezone the land, as follows:
1. Information to be submitted. If such a request is made, it shall include: (i) a justification
for the request; (ii) a vicinity map showing a larger street network at a scale no smaller than one (1) inch equals
six hundred (600) feet; (iii) a conceptual plan at a scale no smaller than one (1) inch equals two hundred (200) feet
showing surveyed boundaries of the property; (iv) topography of the property at five (5) foot intervals for the
property being subdivided and on abutting lands to a distance of five hundred (500) feet from the boundary line or
a lesser distance determined to be sufficient by the agent; (v) the locations of streams, stream buffers, steep
slopes, floodplains, known wetlands; (vi) the proposed layout of streets and lots, unit types, uses, and location of
parking, as applicable; and (vii) identification of the location of the nearest development and rural area boundaries
and the maximum number of lots proposed in the subdivision.
2. Consideration and findings. In reviewing a waiver request for a variation or exception
under section 14-203.1, the agent shall consider whether: (i) extending the street to the abutting property line
would require offsite easements; (ii) the need for the extension outweighs the impacts on environmental resources
such as streams, stream buffers, steep slopes, and floodplain; (iii) alternative connections to the abutting lands
from a different location would provide a better connection; (iv) the subdivider would contribute to the cost to
complete the extension to the abutting property line when the adjoining lands are developed, and how; and (v) the
street would be extended into the rural areas. In approving a waiver, the agent shall find that requiring extension
would not forward the purposes of this chapter or otherwise serve the public interest; and granting the waiver
would not be detrimental to the public health, safety or welfare, to the orderly development of the area, to sound
engineering practices, and to the land adjacent thereto.
3. Requirements if waiver variation or exception granted. If the agent grants the waiver
variation or exception: (i) the public street shall be constructed past the point at which the primary structures on
the lots abutting the street would rely on the finished grade for landscaping and other improvements, but in no
case less than thirty (30) feet beyond the curb line or ditch line on those lots; (ii) the subdivider shall dedicate the
required right of way to the abutting property line, along with all easements required to allow the street
connection to be constructed in the future; (iii) the required easements shall prohibit any improvements being
established therein; (iv) the subdivider shall provide a surety guarantee or an escrow of funds for its share of the
cost to complete the extension if determined by the agent to be necessary; the type of surety guarantee or the
escrow shall be acceptable to the county engineer and be approved by the county attorney; and (v) the agent may
require that the subdivider install and maintain a sign at the end of the constructed portion of the street stating that
the street is a future through street, and that the sign is maintained until the county grants final approval of
extending the street to the abutting property.
(9-5-96, 11-21-79, 3-29-78, 8-28-74; 1988 Code, § 18-37; Ord. 98-A(1), 8-5-98, § 14-510; Ord. 05-14(1), 4-20-
05, effective 6-20-05)
Draft: 11/21/13
57
State law reference--Va. Code § 15.2-2241(2), (4), 15.2-2242(1).
Sec. 14-410 Standards for all streets and alleys.
The following minimum design standards shall apply to all streets and alleys within a subdivision:
A. Layout. Each street shall be configured, to the extent practicable, to conform to the natural
topography, to minimize the disturbance of critical slopes and natural drainage areas, and to provide vehicular and
pedestrian interconnections within the subdivision and existing or future development on adjoining lands, as
provided in section 14-409.
B. Angle of intersection. An angle of intersection of not less than eighty (80) degrees is acceptable;
however, a perpendicular intersection, where practical, is preferred. The county engineer may grant an exception
to this requirement for a private street in accord with American Association of State Highway and Transportation
Officials guidelines.
C. Temporary turnarounds. Streets more than three hundred (300) feet in length from an
intersection, or proposed to serve more than four (4) dwelling units that terminate temporarily shall be provided
with a temporary turnaround meeting American Association of State Highway and Transportation Officials
guidelines. The temporary turnaround shall be extended to the abutting property line unless a waiver is granted as
provided in section 14-409(D). The temporary turnaround shall exist until the street extensions are accepted into
the secondary system of state highways.
D. Alleys. Alleys with a right-of-way or easement width of not less than twenty (20) feet may be
provided in the rear or side of all commercial, industrial, and residential lots. The design specifications shall be
determined by the county engineer, subject to the following: (i) the alley design shall allow emergency services
vehicles such as police cars and ambulances to use the alley; and (ii) an alley need not be designed to
accommodate the largest emergency services vehicles, except that if firetrucks do not have adequate access to one
or more lots from a street, the county engineer shall require that the alley be designed to accommodate firetrucks.
The agent may authorize an alley to be established with a right-of-way or easement width of less than twenty (20)
feet if the county engineer determines that the proposed design incorporates features that assure public safety and
welfare. The county engineer shall consider the provision of adequate access to required on-site parking and/or
garages, unimpeded vehicular circulation along the alley, an adequate clear zone along the alley, and other safety
issues deemed appropriate for the conditions. Alley rights-of-way may either be established as privately held fee
simple interests or as privately held easements.
E. Reserved or spite strips. Reserved or spite strips restricting access from adjoining lands to an
existing or future street or alley shall not be permitted; provided that nothing herein shall prohibit areas for scenic
planting and landscaping where adequate access to the adjoining lands is otherwise available.
F. Principal means of access to subdivision. The principal means of access to a subdivision shall be
either a public street or a private street. The principal means of access shall conform, in the case of a public
street, to Virginia Department of Transportation standards, or, in the case of a private street, to the standards of
the county as set forth in section 14-412, throughout the street’s length, including any distance between the
boundary of the subdivision and any existing public street. If discharge water of a twenty-five (25) year storm
could be reasonably anticipated to inundate, block, destroy or otherwise obstruct a principal means of access to a
residential subdivision, the following shall also apply:
1. The principal means of access shall be designed and constructed so as to provide
unobstructed access at the time of flooding; and/or
2. An alternative means of access which is not subject to inundation, blockage, destruction
or obstruction, and which is accessible from each lot within the subdivision shall be constructed.
Draft: 11/21/13
58
G. Drainage. Adequate drainage control shall be provided for streets by installing culverts under
streets; side, lead, or outlet ditches; catch basins; curb inlets; or any other devices, including piping, as determined
to be necessary by the county engineer. All of these improvements shall meet the standards of the county or, in
the event no county standards exist, Virginia Department of Transportation standards.
H. Curb, curb and gutter, sidewalks and planting strips. In the development areas, streets shall be
constructed with curb or curb and gutter, sidewalks and planting strips. Sidewalks and planting strips shall
designed and constructed in compliance with section 14-422.
I. Waiver Variation of or exception to requirement for curb or curb and gutter. The requirement
for curb or curb and gutter may be waived varied or excepted by the commission as provided in section 14-225.1
14-203.1. A request for a waiver variation or exception may be made prior to or with submittal of a preliminary
plat or with an application to rezone the land, as follows:
1. Information to be submitted. If such a request is made, it shall include: (i) a justification
for the request; (ii) a vicinity map showing a larger street network at a scale no smaller than one (1) inch equals
six hundred (600) feet; (iii) a conceptual plan at a scale no smaller than one (1) inch equals two hundred (200) feet
showing surveyed boundaries of the property; (iv) topography of the property at five (5) foot intervals for the
property being subdivided and on abutting lands to a distance of five hundred (500) feet from the boundary line or
a lesser distance determined to be sufficient by the agent; (v) the locations of streams, stream buffers, steep
slopes, floodplains, known wetlands; (vi) the proposed layout of streets and lots, unit types, uses, and location of
parking, as applicable; and (vii) the maximum number of lots to be served by the rural cross-section street, the
location of the nearest development and rural area boundaries, and a cross-section of existing streets to which the
proposed subdivision streets would be extended, if any.
2. Consideration and findings. In reviewing a waiver request for a variation or exception
under section 14-203.1 to allow a rural cross-section (no curb and no curb and gutter) instead, the commission
shall consider: (i) the number of lots in the subdivision and the types of lots to be served; (ii) the length of the
street; (iii) whether the proposed street(s) or street extension connects into an existing system of streets
constructed to a rural cross-section; (iv) the proximity of the subdivision and the street to the boundaries of the
development and rural areas; (v) whether the street terminates in the neighborhood or at the edge of the
development area or is otherwise expected to provide interconnections to abutting lands; (vi) whether a rural
cross-section in the development areas furthers the goals of the comprehensive plan, with particular emphasis on
the neighborhood model and the applicable neighborhood master plan; (vii) whether the use of a rural cross-
section would enable a different principle of the neighborhood model to be more fully implemented; and (viii)
whether the proposed density of the subdivision is consistent with the density recommended in the land use plan
section of the comprehensive plan. In approving a waiver, the commission shall find that requiring curb or curb
and gutter would not forward the purposes of this chapter or otherwise serve the public interest; and granting the
waiver would not be detrimental to the public health, safety or welfare, to the orderly development of the area, to
sound engineering practices, and to the land adjacent thereto.
(§ 18-37, 9-5-96, 11-21-79, 3-29-78, 8-28-74; § 18-39 (part), 9-5-96, 10-19-77, 5-10-77, 8-28-74; 1988 Code, §§
18-37, 18-39; Ord. 98-A(1), 8-5-98, § 14-512; Ord. 02-14(1), 2-6-02, § 14-512; Ord. 05-14(1), 4-20-05, effective
6-20-05)
State law reference--Va. Code §§ 15.2-2241(4), 15.2-2242(1), 15.2-2242(3).
Sec. 14-412 Standards for private streets only.
In addition to the minimum design requirements set forth in section 14-410, the following minimum
design requirements shall apply to private streets authorized by this chapter:
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59
A. Residential private streets. Each private street serving detached residential uses authorized under
sections 14-232 or 14-233 shall satisfy the following:
1. Streets serving two lots. Each private street serving two (2) lots: (i) shall not exceed a
sixteen (16) percent grade calculated over a distance of fifty (50) feet; (ii) shall have a travelway that is at least ten
(10) feet in width; and (iii) shall include a rectangular zone superjacent to the driveway that is clear of all
obstructions, including any structures and vegetation, that is at least ten (10) feet in width and fourteen (14) feet in
height. The subdivider shall demonstrate to the satisfaction of the county engineer that the street will meet the
requirements of this subsection.
2. Streets serving three to five lots. Each private street serving three (3) to five (5) lots shall
satisfy the following: (i) vertical centerline curvature shall meet a minimum design K value of five (5) for crest
curves and fifteen (15) for sag curves; (ii) sight distances shall not be less than one hundred (100) feet; (iii)
turnarounds shall be provided at the end of each street per American Association of State Highway and
Transportation Officials guidelines; (iv) street easements or right-of-way widths shall be thirty (30) feet
minimum; and (v) the radius for horizontal curvature shall be forty (40) feet or greater, unless otherwise
authorized by this chapter. Any standard in this paragraph (2) may be reduced to the standard for streets serving
two (2) lots where a driveway departs from the street and two lots remain to be served, and a turnaround is
provided. In addition, the following shall also apply:
(a) Private streets in the rural areas. For such private streets in the rural areas: (i)
travelway widths shall be fourteen (14) feet minimum, with three (3) feet minimum shoulder widths, and a
minimum of four (4) feet from the edge of the shoulder to the ditch centerline; (ii) the grade shall not exceed
sixteen (16) percent calculated over a distance fifty (50) feet; (iii) if the grade of any portion of the street exceeds
seven (7) percent, the entire street shall be surfaced as required by Virginia Department of Transportation
standards; streets having a grade of seven (7) percent or less may have a gravel surface; and (iv) the street shall
have a rectangular zone superjacent to the street that is clear of all obstructions, including any structures and
vegetation, that is at least fourteen (14) feet in width and fourteen (14) feet in height.
(b) Private streets in the development areas. For such private streets in the
development areas: (i) an urban cross-section street design shall be provided, with a minimum width of twenty
(20) feet measured from the curb faces or such alternative design, including a street easement or right-of-way
width, deemed adequate by the county engineer to be equivalent to or greater than the applicable standard in the
design standards manual, so as to adequately protect the public health, safety or welfare; additional widths shall
be provided for gutters to control drainage at the discretion of the county engineer; and (ii) the entire street shall
be surfaced as required by Virginia Department of Transportation standards.
3. Streets serving six lots or more. Each private street serving six (6) or more lots shall
satisfy Virginia Department of Transportation standards, provided:
(a) Private streets in the rural areas. For such private streets in the rural areas, the
commission may approve Virginia Department of Transportation standards for mountainous terrain if the
subdivider demonstrates, for a specific, identifiable reason, the general welfare, as opposed to the proprietary
interests of the subdivider, would be better served by the application of those standards.
(b) Private streets in the development areas. For such private streets in the
development areas, the agent may approve Virginia Department of Transportation standards for mountainous
terrain or an alternative standard deemed adequate by the county engineer to be equivalent to or greater than the
applicable standard in the design standards manual, so as to adequately protect the public health, safety or welfare.
4. Streets serving family subdivisions. Each private street authorized to serve a family
subdivision under section 14-232(B)(1) shall satisfy the following: (i) easement or right-of-way widths shall be
ten (10) feet minimum; and (ii) the surveyor shall include the following wording on the plat: “The existing and/or
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60
proposed right-of-way is of adequate width and horizontal and vertical alignment to accommodate a travelway
passable by ordinary passenger vehicles in all but temporary extreme weather conditions, together with area
adequate for maintenance of the travelway, as required by section 14-412 of the Albemarle County Code.”
B. Private streets serving non-residential, non-agricultural, attached residential, multi-unit
residential and combined residential and non-residential uses. Each private street authorized to serve non-
residential, non-agricultural, attached residential, multi-unit residential and combined residential and non-
residential uses under sections 14-232 or 14-233 shall satisfy Virginia Department of Transportation standards or
an alternative standard deemed adequate by the agent, upon the recommendation of the county engineer, to be
equivalent to or greater than the applicable standard in the design standards manual, so as to adequately protect
the public health, safety or welfare. The agent may require minimum travelway widths to provide for on -street
parking upon a determination that the provisions for off-street parking may be inadequate to reasonably preclude
unauthorized on-street parking.
C. Clearing land for improvements. A private street constructed to Virginia Department of
Transportation standards shall not be subject to that department’s clear zone requirements.
D. Landscaping and other improvements permitted. Subsequent to construction of a private street, a
subdivider may install ornamental plantings and any other improvements provided that they do not conflict with
sight distance, drainage facilities or other required improvements.
E. Waiver Variation or exception. The standards of sections 14-412(A)(1)(i) and 14-412(A)(2)(a)
relating to street easement or right-of-way widths may be waived varied or excepted by the agent as provided in
section 14-224.1 14-203.1, as follows:
1. Waiver of Variation of or exception to section 14-412(A)(1)(i). The agent, with the
recommendation of the county engineer and the fire marshal, may waive vary or except the standard in section 14-
412(A)(1)(i) and authorize a street having a grade that exceeds sixteen (16) percent if the subdivider demonstrates
to the satisfaction of the county engineer and the fire marshal that public safety vehicles would be able to access
each lot even though the grade may exceed sixteen (16) percent. In developing their recommendation to the
agent, the county engineer and the fire marshal shall consider: (i) the length of the segment of the street that
would exceed sixteen (16) percent; and (ii) whether the segment that would exceed sixteen (16) percent would
require the public safety vehicle to travel uphill towards each lot. In authorizing such a grade, the agent may
impose reasonable conditions to assure ensure that the public safety vehicles may access the lot including, but not
limited to, a condition limiting the maximum length any segment of the driveway may exceed sixteen (16)
percent.
2. Waiver of Variation of or exception to section 14-412(A)(2)(a). In reviewing a waiver
request for a variation or exception for a lesser street easement or right-of-way width under section 14-
412(A)(2)(a), the agent shall consider whether: (i) the subdivision will be served by an existing easement or right -
of-way of fixed width that cannot be widened by the subdivider after documented good faith effort to acquire
additional width; and (ii) the existing easement or right-of-way width is adequate to accommodate the required
travelway and its maintenance. If the waiver variation or exception pertains to minimum street easement or right-
of-way widths over an existing bridge, dam or other structure, the agent shall consider whether: (i) the long-term
environmental impacts resulting from not widening the bridge, dam or other structure outweigh complying with
the minimum width requirements, as determined by the county engineer; or (ii) whether the bridge, dam or other
structure is a historical structure. In approving a waiver, the agent shall find that requiring the standard street
easement or right-of-way widths would not forward the purposes of this chapter or otherwise serve the public
interest; and granting the waiver would not be detrimental to the public health, safety or welfare, to the orderly
development of the area, to sound engineering practices, and to the land adjacent thereto.
F. Eligibility for future acceptance into the system of state highways. Any and all streets that are not
constructed to meet the standards necessary for inclusion in the system of state highways shall be privately
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61
maintained and shall not be eligible for acceptance into the system of state highways unless improved to current
Virginia Department of Transportation standards with funds other than those appropriated by the General
Assembly and allocated by the Commonwealth Transportation Board.
(§ 18-36, 9-5-96, 8-28-74; § 18-37, 9-5-96, 11-21-79, 3-29-78, 8-28-74(part); 1988 Code, §§ 18-36, 18-37, 18-38;
Ord. 98-A(1), 8-5-98, § 14-514; Ord. 02-14(1), 2-6-02; Ord. 05-14(1), 4-20-05, effective 6-20-05; Ord. 09-14(2),
10-14-09)
State law reference--Va. Code §§ 15.2-2242(3), 15.2-2242(1), 33.1-72.2.
Division 3. Water, Sewers and Other Improvements
Sec. 14-414 Public water and sewerage systems.
A subdivision within the jurisdictional area of the service authority shall be served by public water and/or
sewerage if the service is reasonably available to the subdivision, as follows:
A. The public water and/or sewerage service shall be provided to each lot within the subdivision
within the jurisdictional area, and to assure that service is available to abutting parcels that would rely on such
systems by constructing such systems to the boundary lines of abutting lands.
B. All facilities required to be constructed to provide the services to the lots shall be designed and
constructed to service authority specifications. Sewer facilities constructed to the boundary lines of abutting lands
shall be constructed at a depth and location that allows gravity sewers to provide service to the developable land
draining towards the sewer.
C. For purposes of this section, the term “water and/or sewerage service” shall be deemed not to be
reasonably available in a particular case in which:
1. The commission, in consultation with the service authority, finds that the capacity of the
public water and/or sewerage system is inadequate to serve the proposed development; or
2. The commission, in consultation with the service authority, finds that the capacity of the
public water and/or sewerage system is adequate to serve the proposed development, but the commission finds
that the cost of connecting to the public water and/or sewerage system, exclusive of connection fees, is
unreasonable. In determining whether the cost of connecting is unreasonable, the commission shall consider,
among other things, the distance the system must be extended to serve the subdivision, the cost of extension, the
uses to be served by the extended system, and the scale of those uses.
D. Waiver Variation or exception. The requirements of subsection (A) that such systems be
constructed to the boundary lines of abutting lands may be waived varied or excepted by the commission as
provided in section 14-225.1 14-203.1. In reviewing a waiver request for a variation or exception, the
commission shall consult with the service authority and consider whether the system is needed and whether
construction of the system would unnecessarily disturb significant environmental resources. In approving a
waiver, the commission shall find that requiring the systems to be constructed to the boundary lines of abutting
lands would not forward the purposes of this chapter or otherwise serve the public interest; and granting the
waiver would not be detrimental to the public health, safety or welfare, to the orderly development of the area, to
sound engineering practices, and to the land adjacent thereto. If such a waiver variation or exception is granted
and the systems are not constructed to the boundary lines, easements for such future systems shall be shown on
the final plat.
(§§ 18-22 (part), 9-5-96, 1-3-96, 2-4-81, 12-20-78, 8-28-74 (§ 3)); § 18-25, 9-5-96, 1-3-96, 8-28-74; 1988 Code,
§§ 18-22, 18-25; Ord. 98-A(1), 8-5-98, § 14-516; Ord. 05-14(1), 4-20-05, effective 6-20-05)
Draft: 11/21/13
62
State law reference--Va. Code §§ 15.2-2121, 15.2-2241(4), 15.2-2242(1).
Sec. 14-417 Stormwater management facilities and drainage other control facilities measures.
Stormwater management facilities serving a subdivision shall be designed to comply with the water
protection ordinance. The subdivider shall design and construct on-site drainage control facilities determined by
the county engineer to be necessary to provide adequate drainage control all on-site stormwater management
facilities and other control measures required by the water protection ordinance or determined by the county
engineer to be necessary to control stormwater runoff in compliance with the water protection ordinance, any
proffers applicable to the subdivision, or any other applicable law.
(Ord. 98-A(1), 8-5-98, § 14-520; Ord. 05-14(1), 4-20-05, effective 6-20-05)
State law reference--Va. Code § 15.2-2241(3).
Sec. 14-419 Landscaping for double frontage lots.
Double frontage lots shall be screened as provided in section 32.7.9.8 18-32.7.9.7 of the zoning
ordinance. If existing vegetation is to be used to provide the required screening, then a conservation plan as
described in section 32.7.9.4 of the zoning ordinance may be required to ensure that the screening remains intact
during constructionthe subdivider shall sign a conservation checklist approved by the agent to ensure that the
specified trees will be protected during construction. Except as otherwise expressly approved by the agent in a
particular case, the checklist shall conform to the specifications in the Virginia Erosion and Sediment Control
Handbook, pages III-393 through III-413, and as hereafter amended.
The screening requirements may be waived varied or excepted by the agent as provided in section 14-
224.1 14-203.1. In reviewing a waiver request for a variation or exception, the agent shall consider whether
adequate screening by topography and vegetation exists so that the rear of the dwelling units will not be visible
from a public street or a street intended to provide rear access to lots. In approving a waiver, the agent shall find
that requiring screening would not forward the purposes of this chapter or otherwise serve the public interest; and
granting the waiver would not be detrimental to the public health, safety or welfare, to the orderly development of
the area, and to the land adjacent thereto.
(Ord. 98-A(1), 8-5-98, § 14-522; Ord. 05-14(1), 4-20-05, effective 6-20-05)
State law reference--Va. Code §§ 15.2-2241(3), 15.2-2242(1)..
Sec. 14-420 Location of utilities above- and underground.
All utilities, including but not limited to wires, cables, pipes, conduits and appurtenant equipment for
electricity, gas, water, sewer, telephone or similar service, shall be located within a subdivision as follows:
A. Each utility shall be located, to the extent practicable, in a manner that conforms to the natural
topography, minimizes the disturbance of critical slopes and natural drainage areas, and allows vehicular and
pedestrian interconnections within the subdivision and existing or future devel opment on adjoining lands.
B. All new utilities shall be located underground except the following, which may be located above-
ground: (i) electric transmission lines and facilities; (ii) equipment, including electric distribution transformers,
switch gear, meter pedestals, telephone pedestals, outdoor lighting poles or standards, radio antennae and
associated equipment, which is, under accepted utility practices, normally installed above-ground; (iii) meters,
service connections, and similar equipment normally attached to the outside wall of a utility customer’s premises;
and (iv) satellite dishes.
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C. If it is necessary to locate a new or existing public utility within the right-of-way of a public
street, the subdivider shall first obtain a permit from the Virginia Department of Transportation.
D. Installation of utilities in or adjacent to the right-of-way shall not preclude the installation of
street trees or required landscaping.
E. The requirements of this section may be waived varied or excepted by the agent as provided in
section 14-224.1 14-203.1. In reviewing a waiver request for a variation or exception, the agent shall consider
whether the requirement would unreasonably impact the existing above-ground electrical network so that
extensive off-site improvements are necessary. In approving a waiver, the agent shall find that requiring
undergrounding would not forward the purposes of this chapter or otherwise serve the public interest; and
granting the waiver would not be detrimental to the public health, safety or welfare, to the orderly development of
the area, and to the land adjacent thereto.
(9-5-96, 8-28-74 (§ 2); 1988 Code, § 18-12; Ord. 98-A(1), 8-5-98, § 14-523; Ord. 05-14(1), 4-20-05, effective 6-
20-05)
State law reference--Va. Code §§ 15.2-2241(4), 15.2-2242(1).
Sec. 14-422 Sidewalks and planting strips.
Sidewalks and planting strips shall be provided as follows:
A. Requirement. Sidewalks and planting strips for street trees and other vegetation shall be
established on both sides of each new street within a subdivision creating lots for single family detached and
single family attached dwellings in the development areas.
B. Sidewalk design. Each sidewalk proposed to be accepted for maintenance by the Virginia
Department of Transportation shall be designed and constructed according to Virginia Department of
Transportation standards or to the standards in the design standards manual, whichever is greater. Each sidewalk
proposed to be privately maintained shall be constructed using concrete, designed so that no concentrated water
flow runs over them, and otherwise satisfy the standards in the design standards manual. The agent may allow
privately maintained sidewalks to be a 10-foot multi-use asphalt path in unique circumstances such as a path
leading to a school or major employment center. The asphalt path generally shall run parallel to the street and
shall be constructed to a standard deemed adequate by the county engineer to be equivalent to or greater than the
applicable standard in the design standards manual, so as to adequately protect the public health, safety or welfare.
C. Sidewalk ownership. Each sidewalk proposed to be accepted for maintenance by the Virginia
Department of Transportation shall be dedicated to public use. Each sidewalk proposed to be privately
maintained shall be conveyed to a homeowners association for ownership and maintenance. The agent may
require that a sidewalk proposed by the subdivider to be privately maintained instead be dedicated to public use if
the agent determines there is a need for the sidewalks to be publicly owned and maintained.
D. Planting strip design. Each planting strip shall be a minimum of six (6) feet in width except that
the minimum width may be less in areas of transition between rural cross-section and urban cross-section streets.
On an urban cross-section street, the planting strip shall be located between the curb and the sidewalk. The
planting strip shall be located between the paved travelway and the sidewalk.
E. Waivers from Variation of or exception to sidewalk requirements. The requirements for
sidewalks may be waived varied or excepted by the commission as provided in section 14-225.1 14-203.1. A
request for a waiver variation or exception may be made prior to or with submittal of a preliminary plat or with an
application to rezone the land, as follows:
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64
1. Information to be submitted. If such a request is made, it shall include: (i) a justification
for the request; (ii) a vicinity map showing a larger street network at a scale no smaller than one (1) inch equals
six hundred (600) feet; (iii) a conceptual plan at a scale no smaller than one (1) inch equals two hundred (200) feet
showing surveyed boundaries of the property; (iv) topography of the property at five (5) foot intervals for the
property being subdivided and on abutting lands to a distance of five hundred (500) feet from the boundary line or
a lesser distance determined to be sufficient by the agent; (v) the locations of streams, s tream buffers, steep
slopes, floodplains, known wetlands; (vi) the proposed layout of streets and lots, unit types, uses, and location of
parking, as applicable; and (vii) the location of any existing pedestrian network in the area, whether it is publicly
or privately maintained, descriptions by widths and surfaces of the pedestrian ways within the existing pedestrian
network, a proposed alternative profile and the intended ownership and maintenance.
2. Consideration and findings. In reviewing a request to waive vary or except the
requirement for sidewalks, the commission shall consider whether: (i) a waiver variation or exception to allow a
rural cross-section has been granted; (ii) a surface other than concrete is more appropriate for the subdivision
because of the character of the proposed subdivision and the surrounding neighborhood; (iii) sidewalks on one
side of the street are appropriate due to environmental constraints such as streams, stream buffers, critical slopes,
floodplain, or wetlands, or because lots are provided on only one side of the street; (iv) the sidewalks reasonably
can connect into an existing or future pedestrian system in the area; (v) the length of the street is so short and the
density of the development is so low that it is unlikely that the sidewalk would be used to an extent that it would
provide a public benefit; (vi) an alternate pedestrian system including an alternative pavement could provide more
appropriate access throughout the subdivision and to adjoining lands, based on a proposed alternative profile
submitted by the subdivider; (vii) the sidewalks would be publicly or privately maintained; (viii) the waiver
promotes the goals of the comprehensive plan, the neighborhood model, and the applicable neighborhood master
plan; and (ix) waiving the requirement would enable a different principle of the neighborhood model to be more
fully achieved. In approving a waiver, the commission shall find that requiring sidewalks would not forward the
purposes of this chapter or otherwise serve the public interest; and granting the waiver would not be detrimental
to the public health, safety or welfare, to the orderly development of the area, to sound engineering practices, and
to the land adjacent thereto.
F. Waivers from Variation of or exception to planting strip requirements. The requirements for
planting strips may be waived varied or excepted by the commission as provided in section 14-225.1 14-203.1. A
request for a waiver variation or exception may be made prior to or with submittal of a preliminary plat or with an
application to rezone the land, as follows:
1. Information to be submitted. If such a request is made, it shall include: (i) a justification
for the request; (ii) a vicinity map showing a larger street network at a scale no smaller than one (1) inch equals
six hundred (600) feet; (iii) a conceptual plan at a scale no smaller than one (1) inch equals two hundred (200) feet
showing surveyed boundaries of the property; (iv) topography of the property at five (5) foot intervals for the
property being subdivided and on abutting lands to a distance of five hundred (500) feet from the boundary line or
a lesser distance determined to be sufficient by the agent; (v) the locations of streams, stream buffers, steep
slopes, floodplains, known wetlands; and (vi) the proposed layout of streets and lots, unit types, uses, and location
of parking, as applicable.
2. Consideration and findings. In reviewing a request to waive vary or except any
requirement for planting strips, the commission shall consider whether: (i) a waiver variation or exception to
allow a rural cross-section has been granted; (ii) a sidewalk waiver variation or exception has been granted; (iii)
reducing the size of or eliminating the planting strip promotes the goals of the comprehensive plan, the
neighborhood model, and the applicable neighborhood master plan; and (iv) waiving the requirement would
enable a different principle of the neighborhood model to be more fully achieved. In approving a waiver, the
commission shall find that requiring planting strips would not forward the purposes of this chapter or otherwise
serve the public interest; and granting the waiver would not be detrimental to the public health, safety or welfare,
to the orderly development of the area, and to the land adjacent thereto.
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65
(9-5-96, 10-19-77, 5-10-77, 8-28-74; 1988 Code, § 18-39; Ord. 98-A(1), 8-5-98, § 14-525; Ord. 05-14(1), 4-20-
05, effective 6-20-05)
State law reference--Va. Code §§ 15.2-2241(5), 15.2-2242(1).
Division 4. Contributions, Dedications, Reservations and Transfers
Sec. 14-431 Easements for facilities for stormwater management and drainage control stormwater
management facilities and other control measures.
The agent shall require each subdivider to establish easements for facilities for stormwater management
and drainage control stormwater management facilities and other control measures, as follows:
A. The following easements shall be required:
1. An easement for all stormwater management facilities and drainage control
improvements other control measures located on the property shall be established whenever the improvement is
designed and/or constructed beyond a street right-of-way or access easement, and shall extend from all drainage
outfalls to an adequate channel as defined in 4 VAC § 50-30-10 that satisfies the minimum standards in 4 VAC §
50-30-40(19) to the boundary of the property.
2. An easement along any natural stream or man-made waterway located on the property.
B. The area of each easement shall be sufficient, as determined by the county engineer, to: (i)
accommodate the facilities and the drainage characteristics from each drainage outfall from a drainage control
control measure; and (ii) allow access to a natural stream or man-made waterway to allow widening, deepening,
relocating, improving, or protecting the natural stream or man -made waterway for drainage purposes.
C. Each easement shall include the right of ingress and egress for installation, maintenance,
operation, repair and reconstruction of any improvement within the easement. The agent also may require that an
easement be provided through abutting land under the same ownership as the property.
D. The board of supervisors shall not be required to compensate the subdivider for any easement or
any improvements thereon.
E. No easement shall be considered part of any required street width.
(§ 18-16, 9-5-96, 8-28-74 (§ 3); § 18-21, 9-5-96, 12-15-82, 8-28-74 (§ 3); 1988 Code, §§ 18-16, 18-21; Ord. 98-
A(1), 8-5-98, § 14-409; Ord. 05-14(1), 4-20-05, effective 6-20-05)
State law reference--Va. Code § 15.2-2241(3).
Division 5. Completion of On-site Improvements and Surety
Sec. 14-434 Completion of on-site improvements required prior to plat approval.
Except as provided in section 14-435, all on-site improvements required by this chapter shall be
completed prior to approval of the final plat. Prior to approval of the final plat:
A. Certification regarding all completed improvements. The subdivider shall submit to the agent a
certificate of completion of all of the improvements prepared by a professional engineer or a land surveyor, to the
limits of his license; and
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66
B. Certification of payment. The subdivider shall certify to the agent that all of the construction costs
for the improvements, including those for materials and labor, have been paid to the person constructing the
improvements.
9-5-96, 12-15-82, 4-21-76, 2-19-76, 8-28-74 (§ 3); 1988 Code, § 18-18; Ord. 98-A(1), 8-5-98, § 14-412; Ord. 05-
14(1), 4-20-05, effective 6-20-05; Ord. 09-14(2), 10-14-09)
State law reference – Va. Code §§ 15.2-2241(5), 15.2-2241(9), 15.2-2255.
Sec. 14-435 Surety in lieu of completion of on-site improvements Agreement and surety.
Notwithstanding section 14-434, pending actual completion of all on-site improvements, a final plat may
be approved as follows:
A. The subdivider shall enter into an agreement with the county to complete the construction of all
improvements required by this chapter within a period of time agreed to by the parties, and furnish to the agent a
certified check, bond with surety satisfactory to the county, a letter of credit satisfactory to the county, or
collaterally assign funds in a manner satisfactory to the county, in an amount sufficient for and conditioned upon
the construction of the improvements. The form of the agreement and the type of surety guarantee shall be
acceptable to the county engineer and be approved by the county attorney.
B. The subdivider shall submit a request for a bond estimate to the county engineer. The county
engineer shall prepare a cost estimate of all improvements, based upon unit prices for new public or private sector
construction in the county, and a reasonable allowance for estimated administrative costs, including inspection
fees required pursuant to section 14-203(E)(5), inflation, and potential damage to existing streets or utilities,
which shall not exceed twenty-five (25) percent of the estimated construction costs.
C. The county may make use of the certified check or call on the bond with surety, letter of credit, or
collaterally assigned funds if either: (i) the subdivider fails to timely renew the bond with surety, letter of credit,
or the collaterally assigned funds; or (ii) the county engineer, in his discretion, determines that any of the
improvements have not been completed in a timely manner and the completion of the improvements is deemed
necessary to protect the public health, safety or general welfare.
Any subdivider who does not complete all required improvements as provided in this chapter shall, prior
to approval of a final plat, enter into an agreement with the county to complete the construction and installation of
all improvements required by this chapter within a period of time agreed to by the parties, and shall provide a
surety to guarantee the completion of the improvements, as follows:
A. Form of the agreement. The agreement accompanying the surety shall be on a form prepared by
the county attorney and any proposed amendment to the agreement shall be subject to review and approval by the
county attorney.
B. Type of surety permitted and amount. The subdivider shall furnish to the agent a certified check,
official check, bond with surety, letter of credit, or collaterally assign funds in a manner satisfactory to the county
attorney (collectively, the “surety instrument”), in an amount sufficient for and conditioned upon the completion
of the construction and installation of the improvements, as determined under subsection (C). Any proposed
surety instrument shall be subject to being acceptable to the county engineer, shall be in a form and have the
substance approved by the county attorney, and shall be subject to review and approval by the county attorney.
C. Estimate. The subdivider shall submit a request for an estimate of the surety amount to the county
engineer. The county engineer shall prepare a cost estimate of all improvements, based upon unit prices for new
public or private sector construction in the county, and a reasonable allowance for estimated administrative costs,
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67
including inspection fees required by section 14-203, inflation, and potential damage to existing streets or utilities,
which shall not exceed ten (10) percent of the estimated construction costs.
D. Use of surety. The county may make use of monies guaranteed by the surety instrument if either:
(i) the subdivider fails to timely renew the bond with surety, letter of credit, or the collaterally assigned funds; or
(ii) the county engineer, in his discretion, determines that any of the improvements have not been completed in a
timely manner and the completion of the improvements is deemed necessary to protect the public health, safety or
general welfare. The county’s use of the monies guaranteed by the surety instrument shall not terminate the
agreement accompanying the surety instrument.
DE. Surety shall not be required for a private street authorized under section 14-232(B)(1), 14-
232(B)(2), 14-233(A)(2) or 14-233(B)(2).
(9-5-96, 12-15-82, 8-28-74 (§ 3); 1988 Code, § 18-19; Ord. 98-A(1), 8-5-98, § 14-413; Ord. 05-14(1), 4-20-05,
effective 6-20-05)
State law reference – Va. Code §§ 15.2-2241(5), 15.2-2241(9), 15.2-2255.
Sec. 14-435.1 Surety for maintenance of streets until accepted into state system.
If one or more public streets within a subdivision are proposed for dedication or have been dedicated for
public use and the street or streets, due to factors other than quality of construction, is not acceptable into the
secondary system of state highways, the subdivider shall, prior to approval of the final plat or prior to the final
release of surety as provided in section 14-436, provide surety for the maintenance of the street or streets as
provided herein:
A. The subdivider shall furnish to the agent a certified check, official check, bond with surety
satisfactory to the county, or a letter of credit satisfactory to the county, or collaterally assign funds in a manner
satisfactory to the county, in an amount established by the Virginia Department of Transportation sufficient for
and conditioned upon the maintenance of the street or streets until it is accepted into the secondary system of state
highways, and assume the subdivider’s liability for maintenance of the street or stre ets. The form and the type of
the surety shall be to the satisfaction of and be approved by the county attorney.
B. For purposes of this section, the term “maintenance” means maintenance of the streets, curb, curb
and gutter, sidewalks, drainage facilities, utilities or other street improvements, including the reconstruction and
repaving of any street which is required by the Virginia Department of Transportation before the street may be
accepted into the secondary system of state highways, and the correction of defects or damage, and the removal of
snow, water or debris so as to keep the street reasonably open for public usage maintenance of the streets, curb,
gutter, drainage facilities, utilities or other street improvements, including the correction of defects or damages
and the removal of snow, water or debris, so as to keep such road reasonably open for public usage.
(9-5-96, 12-15-82, 4-21-76, 2-19-76, 8-28-74 (§ 3); 1988 Code, § 18-18; Ord. 98-A(1), 8-5-98, § 14-414; Ord. 05-
14(1), 4-20-05, effective 6-20-05)
State law reference--Va. Code § 15.2-2241(5).
Sec. 14-436 Release of surety.
A bond, escrow, letter of credit or other surety required by this chapter shall be released as follows:
A. Upon written request by the subdivider, the senior director of the department of community
development shall make periodic partial releases of the surety as provided in Virginia Code § 15.2-2245.
B. Within thirty (30) days after receipt of a written notice by the subdivider of completion of part or
all of any improvements required to be constructed by this chapter, the senior director of the department of
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community development shall respond in writing to the subdivider in one of the following ways: (i) grant the
partial or final release, if the applicable state agency, county department, or any applicable authority or other
entity has accepted the improvements; or (ii) inform the subdivider that the improvement has not been accepted
by the applicable state agency, county department, authority or other entity and/or identify any specified defects
or deficiencies in construction and suggested corrective measures.
C. If the senior director of the department of community development fails to take action within the
thirty (30) day period, the request of the subdivider shall be deemed approved and a partial release shall be
granted to the subdivider. No final release shall be granted until after expiration of the thirty (30) day period and
there is an additional request in writing sent by certified mail by the subdivider to the county executive. The
senior director shall act within fourteen (14) days of receipt of this request by the county executive. If the senior
director fails to take action on the request within ten (10) working days of receipt of the request, it shall be
deemed approved and final release shall be granted to the subdivider.
D. Upon final completion and acceptance or approval of the improvements and upon receipt from
the subdivider of a certification of final completion from a professional engineer, or land surveyor, or the senior
director of the department of community development, the senior director shall release any remaining surety to
the subdivider. A public improvement shall be deemed to be accepted when it is accepted by and taken over for
operation and maintenance by the county, an authority, or a state agency or department responsible for
maintaining and operating the improvement. A private improvement shall be deemed to be approved when the
senior director determines that the improvements are completed.
Any surety provided under section 14-435 or 14-435.1 shall be released as follows:
A. Partial releases, generally. Upon written request by the subdivider, the agent shall make periodic
partial releases of the surety as provided in Virginia Code § 15.2-2245.
B. Request for partial or final release; response. Within thirty (30) days after receipt of a written
notice by the subdivider of completion of part or all of any improvements required to be constructed by this
chapter, the agent shall respond in writing to the subdivider in one of the following ways: (i) grant the partial or
final release, if the applicable state agency, county department, or any applicable authority or other entity has
accepted the improvements; or (ii) inform the subdivider that the improvement has not been accepted by the
applicable state agency, county department, authority or other entity and/or identify any specified defects or
deficiencies in construction and suggested corrective measures.
C. Failure to respond to request. If the agent fails to take action within the thirty (30) day period
provided in subsection (B), the request of the subdivider shall be deemed approved and a partial release shall be
granted to the subdivider. No final release shall be granted until after expiration of the thirty (30) day period and
there is an additional request in writing sent by certified mail by the subdivider to the county executive. The agent
shall act within ten (10) working days after receipt of the request by the county executive. If he fails to timely act,
the request shall be deemed approved and final release shall be granted to the subdivider.
D. Final release. Upon final completion and acceptance or approval of the improvements and upon
receipt from the subdivider of a certification of final completion from a professional engineer, land surveyor, or
the county engineer, the agent shall release any remaining surety to the subdivider. A public improvement shall be
deemed to be accepted when it is accepted by and taken over for operation and maintenance by the county, an
authority, or a state agency or department responsible for maintaining and operating the improvement. A private
improvement shall be deemed to be approved when the agent determines that the improvements are completed.
(9-5-96, 12-15-82, 4-21-76, 2-19-76, 8-28-74 (§ 3); 1988 Code, § 18-18; Ord. 98-A(1), 8-5-98, § 14-415; Ord. 05-
14(1), 4-20-05, effective 6-20-05)
State law reference--Va. Code §§ 15.2-2241(9), 15.2-2245, 15.2-2255.
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69
Sec. 14-437 Effect of acceptance or approval of improvements.
Nothing in this chapter, including the approval of a final plat, shall obligate the county, an authority, or a
state agency or department to accept and take over for operation and maintenance any improvements completed
by a subdivider as required by this chapter. Acceptance or approval of an improvement shall be made only if the
improvement satisfies all applicable statutes, regulations, ordinances, guidelines and design and construction
standards for acceptance or approval of the improvement, upon completion of inspections as provided in section
14-438.
(Ord. 98-A(1), 8-5-98, § 14-416; Ord. 05-14(1), 4-20-05, effective 6-20-05)
State law reference--Va. Code § 15.2-2255.
Sec. 14-438 Inspections; right of entry.
Improvements required by this chapter shall be inspected as follows:
A. Application deemed consent. The submittal of a preliminary or final plat by a subdivider shall
constitute consent by the subdivider to all officers and employees of the county, the service authority and any
other authority, and any state department or agency, responsible for the administration and enforcement of this
chapter, to enter upon the property at all reasonable times for the purpose of making periodic inspections related
to the review of the preliminary and/or final plat for compliance with this chapter permitting, approving or
accepting, or both, any improvement required by this chapter, to enter upon the property at all reasonable times
for the purpose of making periodic inspections related to the review of the preliminary or final subdivision plat for
compliance with this chapter and to the completion of all improvements required by this chapter. The deemed
consent shall expire when all improvements required by this chapter are completed, permitted, approved, or
accepted as the case may be, and all surety is finally released as provided in section 14-436.
B. The subdivider shall provide at least five (5) days prior notice to the county engineer when each
stage of the construction and improvement of the subdivision is ready for inspection, in accordance with the
schedules and regulations promulgated by the board of supervisors Notice prior to request for inspection. Each
developer shall notify the zoning administrator when each stage of the development is ready for inspection.
C. Scope of inspections. Any inspection of public improvements required by this chapter shall be
conducted solely to determine compliance with the requirements and specifications provided by law and the
approved design plan.
(Ord. 98-A(1), 8-5-98, § 14-417; Ord. 05-14(1), 4-20-05, effective 6-20-05)
State law reference--Va. Code §§ 15.2-2245, 15.2-2255.
Sec. 14-439 Improvements completed at expense of subdivider; exception.
All on-site improvements required by this chapter shall be completed at the expense of the subdivider,
except where the subdivider and the county, or any authority, state agency or department, or any other public
body. enter into a cost-sharing or reimbursement agreement prior to final plat approval.
(9-5-96, 12-15-82, 4-21-76, 2-19-76, 8-28-74 (§ 3); 1988 Code, § 18-18; Ord. 98-A(1), 8-5-98, § 14-402; Ord. 05-
14(1), 4-20-05, effective 6-20-05)
State law reference--Va. Code §§ 15.2-2241, 15.2-2242, 15.2-2243.
Sec. 14-440 County and other public entities not obligated to maintain improvements.
The county shall not be obligated to maintain, repair, replace or reconstruct any improvement required by
this chapter. Nothing in this chapter obligates the county to pay any costs arising from any improvement unless
the county has an ownership interest in the improvement or has otherwise agreed in writing to maintain, repair,
replace or reconstruct the improvement
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70
Nothing in this chapter, including the approval of a final plat, obligates the county to: (i) install or
maintain facilities for the conveyance of stormwater, domestic water or sewage unless otherwise agreed to by the
county; (ii) pay for grading or paving, or for sidewalk, sewer, curb and gutter improvements or construction; (iii)
assume financial responsibility for upgrades to an impounding structure except as the owner of an impounding
structure; or (iv) to otherwise maintain, repair, replace or reconstruct any improvement required by this chapter.
Nothing in this chapter, including the approval of a final plat, obligates the county, any authority, or any
state agency or department, to accept and take over for operation and maintenance any improvements completed
by a subdivider as required by this chapter.
(Ord. 98-A(1), 8-5-98, § 14-403; Ord. 05-14(1), 4-20-05, effective 6-20-05)
State law reference--Va. Code §§ 15.2-2241, 15.2-2242, 15.2-2243, 15.2-2243.1, 15.2-2265, 15.2-2268.
Sec. 14-441 Dam break inundation zones; prerequisite to development.
Following the completion of the engineering studies in accordance with Virginia Code § 15.2-2243.1(A)
and the determination by the Virginia Department of Conservation and Recreation that the subdivider’s plan of
development would change the spillway design flood standards of the impounding structure, before any
development within a dam break inundation zone:
A. Payment for portion of necessary upgrades. The subdivider shall pay fifty (50) percent of the
contract-ready costs for necessary upgrades to an impounding structure attributable to the subdivision, together
with an administrative fee not to exceed one (1) percent of the total amount of payment required or one thousand
dollars ($1,000.00), whichever is less. Any payments shall be made to the Dam Safety, Flood Prevention and
Protection Assistance Fund held by the Virginia Resources Authority pursuant to Virginia Code § 10.1 -603.19:1.
“Necessary upgrades” do not include costs associated with routine operation, maintenance, and repair, nor do they
include repairs or upgrades to the impounding structure not made necessary by the proposed subdivision.; or
B. Redesign the subdivision. The subdivider shall amend the plat so that it does not alter the spillway
design flood standard required of the impounding structure.
State law reference--Va. Code §§ 10.1-606.3, 15.2-2243.1.
This ordinance shall be effective on and after January 1, 2014; provided that: (i) any preliminary or final
subdivision plat submitted before January 1, 2014 shall be reviewed and acted upon under the subdivision
regulations in effect on December 31, 2013, (ii) the preliminary or final subdivision plat submitted before January
1, 2014 is approved by April 1, 2014, and (iii) any final subdivision plat submitted on or after January 1, 2014 for
which a preliminary subdivision plat was approved prior to January 1, 2014 shall be reviewed and acted upon
under the subdivision regulations effective on and after January 1, 2014.
I, Ella W. Jordan, do hereby certify that the foregoing writing is a true, correct copy of an Ordinance duly adopted
by the Board of Supervisors of Albemarle County, Virginia, by a vote of _____ to _____, as recorded below, at a
regular meeting held on _________________________.
Return to exec summary
ALBEMARLE COUNTY PLANNING COMMISSION – OCTOBER 8, 2013
DRAFT MINUTES – Submitted to PC for Approval
1
Albemarle County Planning Commission
October 8, 2013
The Albemarle County Planning Commission held a public hearing on Tuesday, October 8, 2013, at 6:00
p.m., at the County Office Building, Auditorium, Second Floor, 401 McIntire Road, Charlottesville, Vir ginia.
Members attending were Ed Smith, Richard Randolph, Bruce Dotson, Thomas Loach, Don Franco,
Calvin Morris, Chair; and Russell (Mac) Lafferty, Vice Chair.
Julia Monteith, AICP, Senior Land Use Planner for the University of Virginia was absent.
Other officials present were Amelia McCulley, Director of Zoning/Zoning Administrator; Amanda Burbage,
Senior Planner; Sarah Baldwin, Senior Planner; Bill Fritz, Chief of Special Projects; Glen Brooks, County
Engineer; Michael Koslow, Engineer; Sharon Taylor, Clerk to Planning Commission; Wayne Cilimberg,
Director of Planning; and Greg Kamptner, Deputy County Attorney.
Call to Order and Establish Quorum:
Mr. Morris, Chair, called the regular meeting to order at 6:00 p.m. and established a quorum.
Public Hearing Items
STA-2012-00002 Subdivision Plat Process Improvements
The Planning Commission will hold a public hearing to receive comments on its intent to recommend an
ordinance to amend Chapter 14, Subdivision of Land, of the Albemarle County Co de. This ordinance
would add and delete definitions (Sec. 106, Definitions), amend the requirements and procedures for
administering Chapter 14 and the procedures for submitting, reviewing and acting on subdivision plats,
easement plats, and related variations and exceptions (Secs. 14-200 through 14-231.1), including
eliminating planning commission review of plats except on appeal from an action by the agent and
requests for certain variations or exceptions, requiring an approved valid preliminary plat pr ior to
submitting a final plat for certain classes of subdivisions, reorganizing such regulations, deleting certain
fee classifications for processes no longer required and amending the terminology of other fee
classifications (Sec. 14-203, Fees) and to im pose the minimum fee required by Virginia Code § 15.2-
2243.1 related to the subdividers’ share of the contract-ready costs for necessary upgrades to an
impounding structure, which fee is one percent of total amount of payment or one thousand dollars
($1,000.00), whichever is less; amending the regulations pertaining to plat requirements (Secs. 14 -300
through 14-318) by making technical corrections and adding requirements for information for stream
crossings (Sec. 14-307, Stream crossings) and dam break inundation zones by imposing requirements on
the site review committee when reviewing a preliminary plat for development in a dam break inundation
zone (Sec. 14-307.1, Dam break inundation zones) and requiring the subdivider to submit an engineering
study and mapping information in prescribed circumstances. (Sec. 14 -318, Dam break inundation zones;
engineering study and mapping information); amending the regulations pertaining to onsite improvements
and design (Sec. 14-400 through 14-441) by making technical corrections, amending sections those
authorizing waivers to instead authorize “variations or exceptions,” updating regulations pertaining to
securing improvements and the release of security (Secs. 14-435 through 14-436), and adding
regulations pertaining to dam break inundation zones which impose requirements before development
may occur in dam break inundation zones, as required by State law (Sec. 14-441, Dam break inundation
zones; prerequisites to development). In addition to the foregoing regulations pe rtaining to dam break
inundation zones, this ordinance would amend Sec. 14-302, Contents of preliminary plat, to require
information pertaining to dam break inundation zones be shown on plats and, the regulations in new Sec.
14-225, Effect of approval of preliminary plat on other future and pending approvals, would refer to new
Sec. 14-441, Dam break inundation zones; prerequisites to development. A copy of the full text of the
ordinance, and the statutory documentation pertaining to the proposed fee being imposed, is on file in the
office of the Clerk of the Board of Supervisors and in the Department of Community Development, County
Office Building, 401 McIntire Road, Charlottesville, Virginia. (Bill Fritz)
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Mr. Fritz presented a PowerPoint presentation to review the proposal.
An email received today from Neil Williamson, Free Enterprise Forum, was distributed. (Attachment A –
On file with written minutes in the office of the Clerk)
This is a continuation of a previous endeavor to amend the zoning ordinan ce to make the subdivision and
site plan review processes ministerial. It was a direction by the Board of Supervisors some time ago, but
was delayed significantly because of some staffing shortages.
The goals identified by the Board of Supervisors were:
Shorten Approval Times and Cost of Development Review
Avoid Unnecessary and Burdensome Regulations
Maintain Opportunities for Public Information/Input
Maintain Community Quality
Board Direction for changes to the ordinance
Preapplication submittal (very similar to what exists for the site plans) with review in 10 days to
determine main issues and required waivers.
Reduced plan content to minimum necessary for review.
Public notified of site review meeting and asked to attend and provide comment.
Establish clearer submittal requirements for the final subdivision plat.
Establish that any comment not responded to within 6 months deems the project withdrawn.
Agent approval instead of PC approval. The ARB is not involved in the subdivision review
process at all.
Relationship with Site Plan
ZTA approved September 5, 2012 (effective January 1, 2013). Staff has been working with the
new site plan process since January, 2013.
STA delayed to allow implementation and evaluation of new Site Plan process to see if there
were any problems. If they made a mistake in the zoning text amendment , staff did not want to
duplicate that in the Subdivision Ordinance. Staff has not found any concerns that need to be
addressed, except for one that will be dealt with in t heir next zoning text amendment. It deals
with an issue of bonding, which does not apply to subdivision plats.
Proposed Subdivision process matches Site Plan Process.
Summary of Major Changes
Provide for an administrative review process solely by the ag ent. The agent is designated as the
Director of Community Development.
Establish that any comment not responded to within 6 months deems the project withdrawn. This
has been a major problem for subdivisions and site plans because a project will come in an d they
may not hear back from an applicant for a year or longer. It becomes very cumbersome in order
to reactivate that. There was a comment from Neil Williamson, who said he could not be here,
with some concern that could be viewed as a demand that they acquiesce to the county’s
requirements.
The ordinance actually is very clear. What it says is the applicant is required to make the changes
identified as required by the agent , such as missing some basic information, the lot sizes are
wrong or some other problem. One is not required to make changes that are recommendations.
So the ordinance already makes that distinction between requirements and recommendations.
Mr. Williamson is correct that if the agent were to say your lots don’t meet the minimum si ze or
your street designs don’t meet the minimum street design, which is in the Subdivision Ordinance,
you would be required to make that change. He is correct that if the applicant does not agree to
make those changes the project is deemed withdrawn. If the applicant does not agree to make
those changes, the application would also be denied. So the outcome is the same that the
project does not get approved.
If an applicant is trying to redesign the street, as an example, they can request within six mo nths
an extension, which can be granted administratively. There are safeties there and staff does not
see this as a major issue where they are forcing the applicant if they don’t do what we say to do
ALBEMARLE COUNTY PLANNING COMMISSION – OCTOBER 8, 2013
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within six months your project is withdrawn. They can only require what is required and the y are
not required to address the recommendations. If staff makes recommendations , the applicant
can come back and say they are just not going to make those changes. Then staff would have to
take an action based on do es it meet the ordinance or not. However, they need to do that within
six months or request an extension.
Mr. Smith asked what would be the length of the extension.
Mr. Fritz replied it would be whatever is deemed appropriate. If the applicant were to come in and
request a five year extension, staff would say no. However, if the applicant said he had been working
with VDOT to try to get some waivers on some of the design standards or they had been working with the
Army Corps of Engineers to get some information back on flood plain levels, staff would then work with
them to figure out a reasonable time period.
Mr. Loach said they were going to change the process so that the normal call up process is not going to
be in place anymore and that will be handled by an agent.
Mr. Fritz replied that was correct with the appeal to the Planning Commission. There would be no appeal
to the Planning Commission.
Mr. Loach asked if notification would be done for the site review meeting, and Mr. Fritz replied yes.
Mr. Loach asked how staff would handle the issues that arise at the site review meeting between the
applicant and the abutting homeowner. He asked how those issues would get resolved before they move
the process on.
Mr. Fritz replied that there would be a variety of ways. For example, if the neighbors were to point out a
deficiency that staff missed and it does not meet the requirements of the ordinance, staff would then
require that change to be made. If the neighbors were requesting a change in the la yout or design of the
subdivision, which they could not require, they can recommend that staff sit down with the applicant and
neighbors to try to work out a solution. Staff may then make that a recommendation or determine that it
may actually be a requirement depending on what the neighbors might say. It is hard to give a standard
answer.
Mr. Loach pointed out he just wanted to make sure what happens when the public comes to the site
review meeting. He was glad to hear that staff will be reviewing this and taking into considerations those
recommendations if needed or if they think they will make them requirements. He thinks that is
satisfactory.
Mr. Morris asked if the site review meetings are held during the mornings.
Mr. Fritz replied yes, the meetings are held at 10 a.m. on Thursday mornings.
Mr. Morris pointed out he could sees this was going to be problematic for neighbors to be able to attend
the meeting during the work day.
Mr. Fritz explained if someone was unable to come in staff would talk to them outside of the site review
meeting. Staff will talk with them on the telephone and the applicants can send in letters and emails. He
noted that was actually in the letter, which says if you are unable to attend call us. The planner’s contact
information is on that letter.
Mr. Randolph said he had a similar concern about what could be perceived for abutting landowners as a
kind of reduction of democratic participation because of the timing of site review meeting. He was also
concerned about the fact that there would not be a Planning Commission member at the site review
meeting. He suggested that the appropriate Planning Commissioner whose district that site is in be
invited to that meeting.
ALBEMARLE COUNTY PLANNING COMMISSION – OCTOBER 8, 2013
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Mr. Fritz replied that was already being done. Right now when an application comes in that is eligible for
site review the Planning Commissioner in that district is actually sent a copy of the subdivision plat. He
believed that all Planning Commissioners get a copy of the notification, which is a list of a ll the site review
items.
Mr. Randolph noted he had received that, but never understood it was a notice to him that he could
actually participate in the site review meeting. He has never made that transition over from the
paperwork understanding that is an opportunity for him to step in. They need to ensure the appropriate
Planning Commissioner will be there to reinforce adjoining property owners ’ concerns and be able to
address and follow up on it.
Mr. Fritz explained that staff has no desire to change that process at all. He noted one other comment
from Neil Williamson was a request that the County notify the applicant when the six months is coming
up. This was also an issue during the zoning text amendment. The way staff proposes to address it is
when the comments go to the applicant it contains a comment that says you have six months. Staff does
not monitor it, but just includes that comment in the notice that goes to them.
Mr. Franco asked how many days before the end of that six months does he have to request the
extension.
Mr. Fritz replied that he did not believe they have a limit in the ordinance proposed. He thinks it is just
within the six months.
Mr. Kamptner noted that it just has to be received within the six month period.
Mr. Franco said if there is some kind of requirement, then he thinks that note ought to reflect that.
Mr. Fritz said during the zoning text amendment they had that same comment and the answer was the
same. As long as they get it prior to the deadline it gives staff time. Staff thought about having it 10 days
or 30 days, but said the easiest way is just prior to so they are automatically granted some extension
while they ponder it. They are using processes and language similar to the zoning ordinance, which
makes it a whole lot easier for staff to explain and people to understand. It also makes it easier for the
development community who is possibly working on a subdivision and a site plan when the terms are
common and equal.
Mr. Randolph noted his other concern was in regards to the ten days for notifying adjoining neighbors. If
somebody was to be away for a week and they left the day the notice went out, then when they come
back they would only have three days to get organized to address that issue. He assumed the timing is
such that it is when the notice goes out. It seems that is a short period of time. If there would be some
way to expand that at a minimum of 14 days, it would seem appropriate. If someone is away for a week
they still have a week in coming back to be able to get ready for that meeting. He noted they were talking
about a meeting during the day that someone would have to reschedule their work schedule to attend.
Mr. Fritz noted they had the same conversation during the zoning text amen dment change. Ten days is
the minimum time that they have put in the ordinance. However, they actually send out the letter a great
deal of time prior to that. One of the things in the ordinance is that the Site Review Committee can set its
own rules for the processing of applications. So when does the site review meeting happen in
relationship to the actual submittal. The site review meeting does not happen under our current guidelines
until at least 42 days after the submittal date. It used to happen 24 days after, which was a much quicker
timeframe. Staff is proposing to use the same process for subdivisions. Staff is actually sending out the
notices much earlier now for site plans and they would do the same for subdivision. The ten days was
just to give a bare minimum that they would do, but they are exceeding that.
Mr. Kamptner asked Mr. Fritz if he had an estimate about how many days the notice goes out before the
meeting.
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Mr. Fritz replied that he thought it was around three weeks. The notice goes out about a week after the
plan is distributed to the planners. They are updating terminology and standards to be consistent with
the State enabling authority.
Mr. Fritz continued the PowerPoint presentation.
Use language and process similar to that used in the Zoning Ordinance.
Update the terminology and standards to be consistent with state enabling authority.
Simplifies 2 lot divisions in the Development Areas and subdivisions occurring after site plan
approval.
Incorporates procedures for the Dam Break Inundation Zone (DBIZ).
Delayed Effective Date
Allows subdivision plats currently under review to continue to be processed under the current
regulations,
Allows time for staff training on the new regulations,
Allows new checklists, forms and letters, and online information to be developed, and
Allows time for staff to communicate with the professionals in the development community to
ensure that the new procedures are understood.
Staff does not have the language for the delayed effective date since they have not picked a date yet
because they don’t know what is going to happen in the meeting. It is the same thing they did for the
zoning ordinance that worked well. It would allow staff to process the plats they already have in the
current ordinance, to update all the applications, train our staff, and answer any comments from the
development community they may have about the process. Staff did not have any problem s in the work
session since they only had two companies present when they did the site plan. It was a very easy
transition and staff expects it to be the same for the subdivision process.
Recommendation
Staff recommends the Planning Commission recommend approval of the proposed ordinance.
Mr. Morris invited questions for staff.
Mr. Randolph noted on page 62 in section 14-417 he thinks the language is much more precise. The
change was very well taken and appropriate. He asked about page 19 in section 14-212 where it states
very clearly that no lot may be created by family subdivision unless it has been owned by the current
owner or a member of his/her immediate family for at least four (4) consecutive years intermediately
preceding the date the family subdivision plan is submitted. One of the things in both the develop ment
areas and the rural areas that they are going to be addressing is with our aging population. They have
talked in the comprehensive plan of allowing a senior facility to be put on site. He would pose the
question to Mr. Kamptner whether it would be appropriate in here to have some kind of clause that allows
that four years to be shortened in the case of a compelling family or medical emergency, which would
require or necessitate some subdivision so that another family member could live on the site who might
potentially be a care giver to the person who has bought the property and built the house.
Mr. Fritz asked if he was saying not to transfer it out of the family but to allow another family member, and
Mr. Randolph replied yes.
Mr. Loach pointed out the Commission has seen and addressed this and it was called senior pods.
Mr. Randolph noted in this language it does not look like it would permit that to happen until the statute of
limitation of four years transpired, and then they could put the senior pod on a subdivided piece of land.
Mr. Kamptner noted the senior pod or temporary family medical structure, which is the term used in the
Virginia Code, is actually allowed to be on same parcel as the primary structure. Therefore, they would
not really have to get into the subdivision issue. Therefore, it is being dealt with separately. For the
Subdivision Ordinance the County is one of those localities that have a lot of flexibility in how they want to
ALBEMARLE COUNTY PLANNING COMMISSION – OCTOBER 8, 2013
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6
regulate family subdivisions. Therefore, they can create that flexibility if that is the desire of the
Commission.
Mr. Cilimberg noted on the family division matter some Commissioners probably remember when the
Subdivision Ordinance was amended regarding time frames for family divisions. This has been within the
last three years. Therefore, this was before the Commission not too long ago. He was not sure if this
resolution of intent would cover doing that now.
Mr. Kamptner said they would probably want to evaluate that with a companion zoning text amendm ent
that deals with that particular use.
Mr. Cilimberg said he was anticipating at the conclusion of the Comprehensive Plan update that some of
the strategies that were identified would be one of those priority implementation items the Board will
consider with further work.
Mr. Dotson said he had a couple of questions about this review solely by the agent at provision. In almost
two years he has been on the Commission he remembers one site plan being called up. However, he
does not remember any subdivisions being called up. He asked how big a problem is this.
Mr. Fritz replied that the number of subdivisions that are even eligible for appeal is significantly reduced.
Mr. Dotson asked if appeal was different from call up.
Mr. Fritz replied that it was the same term. They have not had that many applications that have gone
through the Site Review Committee that could have been called up or appealed. The Commission has
not seen any site plans since January because they could not be appealed. In 2012, they had relatively
few. However, they had relatively few applications. When things were very busy they had a lot of
applications. Frankly they found ourselves sitting here telling neighbors yes we know you appealed and
we can’t deny it. That happened on a somewhat regular basis. So he would say the Planning
Commission had to deal with those regularly.
Mr. Dotson asked if an abutting landowner were to call it up would they have to give some reason in
terms of the ordinance.
Mr. Fritz replied under the current ordinance they do not have to give a reason. The request does need
to be writing, but they don’t have to cite a reason. He pointed out also that the applicant then has to pay
an additional fee.
Mr. Dotson said that was going to be the next question. If they were to have a call up feature there
should be an application fee to prevent frivolous call ups.
Mr. Fritz said that there is, but the fee goes to the applicant and not to the person who is calling it up.
That was discussed at the time it was done. He did not know the full conversation, but the ordinance is
what the ordinance is.
Mr. Morris opened the hearing and invited public comment. There being none, the public hearing was
closed and the matter before the Planning Commission f or discussion and action.
Motion: Mr. Dotson moved and Mr. Loach seconded to recommend approval of the draft ordinance for
STA-2012-00002 Subdivision Plat Process Improvements with the ordinance language as recommended
by staff.
The motion passed by a vote of 7:0.
Mr. Morris noted that STA-2012-00002 Subdivision Plat Process Improvements would go to the Board of
Supervisors on a date to be determined with a recommendation for approval.
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7
Mr. Dotson commented that one of their recommendations out of the Comp Plan is to sort of beef up the
annual report from the Planning Commission and to look at how they are doing on implementing the plan
and so forth. He thinks subdivisions are an important part of that. Therefore, they should be seeing a
map of where the subdivisions are and not just a list by number and name . That is the way they can
assess the impact of that.
Return to PC actions memo
COUNTY OF ALBEMARLE
EXECUTIVE SUMMARY
AGENDA TITLE:
Arrowhead Farm Acquisition
SUBJECT/PROPOSAL/REQUEST:
Status report on the County pursuing partners to fund
and manage Arrowhead Farm if acquired as a County
park.
STAFF CONTACT(S):
Foley, Walker, Davis, Crickenberger and Mahon
PRESENTER (S): Bob Crickenberger
LEGAL REVIEW: Yes
AGENDA DATE:
December 4, 2013
ACTION: X INFORMATION:
CONSENT AGENDA:
ACTION: INFORMATION:
ATTACHMENTS: Yes
REVIEWED BY:
BACKGROUND:
On November 6, 2013, the Board discussed accepting Arrowhead Farm as a gift to the County of 410.26 acres to be
donated by Montgomery Bird Woods and Jose Lambert (“Property Owners”). The property is approximately seven miles
southwest of Charlottesville and lies entirely on the eastside of Route 29. In 1994 the property was placed in a
conservation easement with the Virginia Outdoors Foundation, an Agency of the Commonwealth of Virginia that preserves
and protects the natural, scenic, historic, scientific and open-space of recreational areas. Arrowhead Farm has an existing
network of roads and trails that are in excellent condition, and based on a report provided by the Natural Heritage
Committee, contains one of the regions highest biodiversity environments and several habitats and species that are rare to
this region.
Project development and operating impacts for Arrowhead Farm were shared with the Board, as well as for two other
potential park properties, Buck Island Creek Park and Hedgerow Trail Park, all of which are being offered for donation to
the County. (See Attachment B for map of proposed parks.) The Board expressed concern about the County’s ability to
fund costs associated with improvements, maintenance, and operations of all three potential park properties. T he Board
deferred action on accepting the donation and directed staff to explore a potential partnership with Rockfish Wildlife
Sanctuary specifically and/or any other interested third party that could be identified prior to its regular meeting on
December 4th. In doing so, it is understood that the Board is interested in a partnership in which the third party(ies) could
either assist the County with, or assume full responsibility for perpetual stewardship and ongoing maintenance of the
proposed Arrowhead Farm park .
During the discussion of the this issue on November 6th, the property owner referenced a formal letter of intent previously
delivered to the Board as part of its consideration on this matter. That letter, dated October 15, 2013, stipulates five
specific conditions that the offerers have placed on the County in exchange for its acceptance of the donation of the
property (see Attachment A): Those five conditions are stipulated specifically as follows:
1. The park must be named after Bird’s father, William S. D. Woods;
2. Future ownership must be restricted in perpetuity to 501(c)(3) or charitable organizations or to governmental
agencies;
3. As you will see in the most recently-prepared Declaration of Easement (copy enclosed, to be recorded), the owner
owner of subject property [the County] is responsible for one-half of the cost to maintain the road from point “B” to
Point “E” and is responsible for all of the cost to maintain the road from US Route 29 to its terminus at the
adjoinging property – Tax Map and Parcel 89-15. (See Attachment C for map of access road to TMP 89-15.)
The standard for maintenaince of both roads is the current condition;
4. The two existing building/division rights currently held by the 410.26 acres should be EXTINGUISHED with the
conveyance to the County; and
5. As you probably know, the use of land is dictated by the Virginia Outdoors Foundation Open-Space Easement
dated January 14, 1994, of record in the Albemarle County Clerk’s Office in Deed Book 1383, Page 595 (copy
enclosed) and other matters of record.
At the November 6th Board meeting, the property owners demanded an unconditional decision on whether or not the
County will accept the donation by December 4, 2013.
AGENDA TITLE: Arrowhead Farm Acquisition
December 4, 2013
Page 2
STRATEGIC PLAN:
Goal 1 – Provide excellent educational opportunities to all Albemarle County residents
Goal 2 – Provide community facilities that meet the existing and future needs
Goal 4 - Protect the County’s parks and its natural, scenic and historic resources in accordance with the County’s
established growth management policies
Goal 6 – Promote individual responsibility and citizen ownership of community challenges
DISCUSSION:
As directed, Parks and Recreation staff have followed up and explored a possible partnership with Rockfish Wildlife
Sanctuary. In addition, County staff identified other potential partners who might be interested in some type of
partnership due to the reported rare and endangered plant species associated with the site. This inquiry was limited to
groups with a natural heritage management focus. Staff identified several potential partners which could contribute
potentially to future program support, but most were comprised of highly fluxuating volunteer membership and few
would have been suitable to accept the long term commitment needed for proper stewardship of the site. The
Rockfish Wildlife Sanctuary and The Ivy Creek Foundation emerged as the most interested, best suited and capable
of the kind of commitment needed for reliable long term partnerships.
Staff has identified the Nature Foundation at Wintergreen as a good local model of the type of stewardship/educational
program that the Arrowhead Farm property is well suited to accommodate. While the Nature Foundation at
Wintergreen could not serve as a managing partner, Doug Coleman, Biologist/Executive Director with The Nature
Foundation at Wintergreen, has offered to help with developing a strategic future plan for the site.
On November 14, 2013, Parks and Recreation staff met with members of the Rockfish Wildlife Sanctuary and Ivy
Creek Foundation representatives and learned that Rockfish Wildlife Sanctuary is indeed very interested in a
partnership wth the County and is willing to assist immediately with property management support and enter into a
long-term agreement with the County for volunteer management of the Arrowhead Farm property. The Sanctuary’s
vision and need is to have a location in which it can conduct and organize educational programs and Sanctuary
members think that Arrowhead Farm would be an ideal location. They also exhibited an open willingness to collaborate
with other nature preservation groups, such as the Ivy Creek Foundation, who are specifically interested in the
preservation and protection of the rare botanical environment. Based on initial discussions, these partnerships would
provide in-kind services only but no financial contributions.
Listed below are the identified minimal interim property management needs that were presented to both the Rockfish
Wildlife Sanctuary and the Ivy Creek Foundation:
Regular monitoring of the property
Regular assessment of the condition of the trails and roads
Regular basic maintenance of the property and roads
Annual posting of the property
Reporting of any unauthorized use
Assistance with volunteer coordination and management
Partnering/collaborating with other groups, organizations and agencies
Financial resources
A firm commitment from either of these organizations requires approval by their respective Boards. The Rockfish
Wildlife Sanctuary Board is scheduled to meet on November 25, 2013 and the Ivy Creek Foundation is scheduled to
meet on December 9, 2013. While both of these organizations have demonstrated strong interest in the project,
neither have indicated any ability and/or willingness to provide meaningful or sustained financial support for the on-
going costs associated with managing and maintaining the property.
As envisioined, the Arrowhead Farm property could serve a different public purpose than the proposed Hedgerow Trail
Park to be located four miles closer to town on the Hedgerow property. Hedgerow is expected to be developed and
managed as a more active multi-use recreation facility to include mountain biking, running, hiking, geocaching,
picnicking, sightseeing and pets on leashes. Alternatively, the value of the Arrowhead Farm property is more directly
tied to the protection and preservation of its biodiversity and other ecological features which would be served best by
defining the character and managing visitor expectations for wildlife viewing and nature education, and developing trail
routes and destinations to guide public use while avoiding impact on the sensitive natural areas.
AGENDA TITLE: Arrowhead Farm Acquisition
December 4, 2013
Page 3
BUDGET IMPACT:
Staff estimates that the annual cost to the County to provide basic property stewardship of this property and the
access easement road would be approximately $11,000. The estimate of the annual cost for routine maintenance of
the road from Rt. 29 to Tax Map Parcel 89-15, which is approximately .840 of a mile, is approximately $15,500.00.
RECOMMENDATIONS:
Staff has concerns with the conditional offer from the landowner as documented in the letter dated October 15, 2013
and recognizes that this matter may require further consideration by the Board. Specifically, staff is concerned with
the stipulation in the offer letter that the County provide permanently for the maintainance of an access easement from
Route 29 to the boundary of adjacent property on Tax Map Parcel 89-15. While there has been some discussion with
the property owner about this requirement, staff cannot recommend to the Board that it accept the property with this
requirement. However, staff is currently in the process of following up with the property owners regarding this
condition.
Also, while staff recognizes the high value of the natural resources located on the property and the keen interest on
the part of many area preservation and conservation stakeholders that the County accept the property as a nature
preserve, staff is unable to present to the Board at this time a partner or partners that are able and willing to commit to
providing long term funding support for the management and maintenance of the property. Active volunteers could
provide considerable supplemental support to County staff in managing the property as a nature preserve. Ultimately,
responsibility for the management and maintenance of the property will rest with County staff and will, given current
information, require additional annual County funding.
ATTACHMENTS:
A – Property Owners’ October 15, 2013 Gift offer letter with conditions
B – Location map of proposed parks
C – Map showing access road to TMP 89-15
Return to agenda
B
E
ROUTE 2989-15k
4,400 LF
Ar row head Val ley Lane Rt. 745e
NORFOLK SOUTHERN RR88-20
88-18+
89-15
89-18
88-20F 88-26
88-19
88-24B
88-24B
88-26B88-5
88-20E
88-20A
88-22
88-21
88-24A
88-20C
89-21G
88-24
89-7B
89-19
89-63
88-18B
89-21F
89-21A
88-20
88-20B
88-20D
89-21E
88-28E
88-26C
89-21D
88-26A
88-23B
88-28
88-25
88-28F
88-28D
88-42
88-27A
88-31
88-23A
89-23A2
715 LF
PROPOSEDPARKING
LOC ATI ON OF PROPERTY OWNERS R ESID ENC E88-20B
N
ACPR 11/25/13DMAHON
1,000Feet