HomeMy WebLinkAbout02 24 87 PC MinutesFebruary 24, 1987
The Albemarle County Planning Commission held a public hearing on
Tuesday, February 24, 1987, Meeting Room 7, County Office Building,
Charlottesville, Virginia. Those members present were: Mr. Richard
Cogan, Chairman; Mr. David Bowerman, Vice Chairman; Mr. Harry Wilkerson;
Ms. Norma Diehl; Mr. Tim Michel; and Mr. Peter Stark. Other officials
present were: Mr. Ronald Keeler, Chief of Planning; Ms. Amelia
Patterson, Planner; and Mr. Wayne Cilimberg, Chief of Community
Development. Absent: Mr. Frederick Payne, Deputy County Attorney and
Commissioner Gould.
The Chairman called the meeting to order at 7:30 p.m. and established
that a quorum was present. The minutes of February 10, 1987 were
approved as submitted.
Ivy Industries Final Plat - Proposal to create two lots of 3.247 and 3.142
acres, to be served by a joint access easement. The property is presently
vacant. Total acreage is 6.39 acres. Zoned LI, Light Industrial. The
property is located on the west side of Rt. 20 South, adjacent to the north
of Wilson Trucking and approximately 0.5 mile north of the intersection with
Rt. 742, Avon Street. Tax Map 90, Parcel 35P. Scottsville Magisterial
District.
Ms. Patterson gave the staff report. Staff recommended approval of the
final plat, subject to conditions.
It was determined that condition l.c. would have the following notation
added: "Note on Plat."
Mr. Michel asked if it was necessary to add a condition stating that
the property might not be able to support all by -right uses because of
the septic limitation.
It was determined condition l.c. would be amended to read: "Note on plat:
Unless otherwise permitted by the Virginia Department of Health, lot 2 shall
be limited to 900 gallons and lot 3 shall be limited to 600 gallons per
day discharge. Some industrial uses may be restricted by this limitation."
The Chairman invited applicant comment.
The applicant was represented by Mr. Frank Grey who offered no additional
comment.
There being no public comment, the matter was placed before the
Commission.
Mr. Grey confirmed the entrance location had been the result of the
topography of the property.
Mr. Michel moved that the Ivy Industries Final Plat be approved subject
to the following conditions:
February 24, 1987
Page 2
1. The final plat will not be signed until the following conditions have
been met:
a. County Attorney approval of joint driveway maintenance agreement;
b. Note all setbacks;
c. Note on plat: Unless otherwise permitted by the Virginia Department
of Health, lot 2 shall be limited to 900 gallons and lot 3 shall
be limited to 600 gallons per day discharge. Some industrial
uses may be restricted by this limitation.
Mr. Stark seconded the motion which passed unanimously.
Site Development Plan Ordinance - Mr. Keeler presented the proposed
revised Site Development Plan section of the Zoning Ordinance. He
stated that the Board had adopted a resolution of intent to adopt this
revised section of the Ordinance on January 21, 1987, after review and
final comments from the Commission.
Mr. Keeler stated that the changes in the proposed Ordinance were minor
and that much of the discussion at the Board level had dealt with
"procedure under which either the Planning Commission or the staff
could grant waivers or variances from requirements of the Ordinance."
He pointed out the following proposed changes, recommended by the
Board, which address this subject:
(1) Section 32.2.2: Will now require an explicit notice to
adjoining property owners when the Planning Commission is
being requested to grant a waiver or a variance from the
provisions of this ordinance.
(2) Section 32.3.11.4: Will require that all requests for waivers
or variances be submitted before any preliminary or final
review of a site plan by the Planning Commission (tied to
the date for revisions to the plan).
(3) Section 32.7.9.3(a): Will require that the Director of
Planning notify all adjoining property owners prior to issuance of
any waiver or variance from the requirements of the the landscape
provisions.
Staff recommended that the Commission accept the Board's recommendations and
return the ordinance to the Board for adoption as soon as possible. Mr.
Keeler stressed that these changes would not substantially change the
intent of the ordinance as previously recommended to the Board by the Commission.
There being no public comment, the matter was placed before the Commission i
Mr. Bowerman moved, seconded by Mr. Stark, that the Site Development Plan 7
Ordinance be recommended to the Board of Supervisors for approval as follows:
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February 24, 1987 Page 3
32.0 SITE DEVELOPMENT PLAN
32.1 INTENT
There is a mutual responsibility between Albemarle County
and the developer to develop land in an orderly manner.
(�2.1, 1980)
The purpose of this section is to encourage innovative and
creative design and facilitate use of the most advantageous
techniques and highest standards in the development of land
in Albemarle County; and to ensure that land is used in a
manner which is efficient, harmonious with neighboring
property and in accordance with the adopted comprehensive
plan -for Albemarle County and with the provisions of this
ordinance. (32.1, 1980)
Nothing herein shall require the approval of any develop-
ment, use or plan, or any feature thereof, which shall be
found by the commission, the board of supervisors or its
agent, to constitute a danger to the public health, safety
or general welfare, or which shall be determined by such
commission, board of supervisors or agent, to be departure
from or violation of sound engineering design or standards.
(32.5.24, 1980)
Compliance with the provisions of this section shall in no
event be construed to relieve the applicant of the duty of
compliance with all other provisions of the law applicable
to the development in question. (32.2.4, 1980)
32.2 WHEN REQUIRED
32.2.1 A site development plan shall be required for any construc-
tion, use, change in use or other development in all zoning
districts; provided that no such plan shall be required for
the following:
a. The construction or change in occupancy of any
single-family detached dwelling unit which is located
upon a tract or parcel whereon are located or proposed
to be located an aggregate of two (2) or fewer such
units.
b. The location of a two-family dwelling on any lot or
parcel not occupied by any other dwellings.
C. Any accessory structure to a single-family or
two-family dwelling.
d. Any agricultural activity except as otherwise provided
in section 5.0.
e. Any change in or expansion of a use except where the
sale of gasoline is involved; provided that: (1) such
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February 24, 1987
Page 4
change or expansion does not occasion additional
parking under the requirements of this ordinance; (2)
no additional ingress/egress or change in
ingress/egress is recommended by Virginia Department of
Highways and Transportation based on intensification of
use; (3) no additional ingress/egress or alteration of
existing ingress/egress is proposed. (32.2.1, 1980)
32.2.2
The foregoing notwithstanding, after notice in accordance
with section 32.4.2.5, the commission may waive the reel-dire-
ment drawing of a site development plan in a particular case
upon a finding that the requirement of such plan would not
forward the purposes of this ordinance or otherwise serve
the public interest; provided that no such waiver shall be
made until the commission has considered the recommendation
of the agent. The agent may recommend approval, approval
with conditions, or denial of such waiver. In the case of
conditional approval, the agent in his recommendation shall
state the relationship of the recommended condition to the
provisions of this section. No condition shall be imposed
which could not be imposed through the application of the
regulations of section 32.0. (32.2.2, 1980; Amended )
32.3
ADMINISTRATION (32.6, 1980)
32.3.1
The director of planning and community development of
the board
Albemarle County is hereby designated the agent of
of supervisors +agent} of Albemarle County for purposes of
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the administration of this section. (32.6.1, 1980)
32.3.2
The agent shall be responsible for the receipt and process-
ing of site development plan applications subject to the
procedures as hereinafter provided. (32.6.2, 1980)
32.3.3
The agent may from time to time establish such reasonable
administrative procedures as shall be necessary for the
proper administration of this section. (32.6.7, 1980)
32.3.4
All county and state officers and employees responsible for
the supervision and enforcement of this section shall have
reasonable times
the right to enter upon the property at all
during the period of construction for the purpose of making
periodic inspections for compliance with this section. It
shall be the responsibility of the developer to notify the
zoning administrator when each stage of the development
shall be ready for inspection for compliance with the
approved site development plan in accordance with schedules
and regulations promulgated by the zoning administrator and
as approved by the board of supervisors. (32.6.4, 1980)
32.3.5
IMPROVEMENTS --CONSTRUCTION AND BONDING
All improvements required by this section shall be installed
�Ir.y
at the cost of the developer, except where cost sharing or
reimbursement agreements between Albemarle County and the
February 24, 1987 Page 5
developer are appropriate, the same to be recognized by
formal written agreement prior to site development plan
approval. (32.5.1, 1980)
32.3.6 The approval of a site development plan or the installation
of the improvements as required by this section shall not
obligate the county to accept improvements for maintenance,
repair or operation. Acceptance shall be subject to county
and/or state regulations, where applicable, concerning the
acceptance of each type of improvement. (32.5.23, 1980)
32.3.7 Prior to the final approval of any site development plan,
there shall be executed by the owner or developer an agree-
ment to construct all physical improvements required by or
pursuant to this section which are to be dedicated to public
use. The agent may require prior to final approval, issu-
ance of a building permit, or issuance of a certificate of
occupancy a bond with surety approved by the agent, in an
amount sufficient to cover the estimated costs of such
improvements. In determining the estimated costs of the
improvements to be bonded, the owner or developer shall
submit an estimate of such costs which shall be reviewed and
approved by the county engineer. The agreement and bond
shall provide for and be conditioned upon completion of all
work within a time specified by the agent. The completion
of all other improvements required by or pursuant to this
section shall be certified and/or bonded as provided in
section 31.2.3 of this ordinance. (32.5.2, 1980; Amended )
32.3.8 REVISIONS
No change, revision or erasure shall be made on any pending
preliminary or final site development plan nor on any
accompanying data sheet where approval has been endorsed on
the plan or sheet unless authorization for such change is
granted in writing by the agent, except where such change
has been required by the site plan review committee or
commission. Any site development plan may be revised,
provided that request for such revision shall be filed and
processed in the same manner as the original site develop-
ment plan. (32.6.5, 1980)
The foregoing notwithstanding, the agent may approve admin-
istratively, without submission to the site plan review
committee or the commission, minor changes to an approved
site development plan in any case in which he shall deter-
mine that the site development plan, as amended, is in
compliance with the terms of all applicable law; is substan-
tially in compliance with the approved site development plan
together with all conditions imposed by the commission or
agent thereof; and will have no additional adverse impact on
adjacent properties or public facilities. (32.6.5, 1980,
Amended )
32.3.9 FEES
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February 24, 1987
Page 6
a. The developer shall pay to the county a fee for the
examination and approval or disapproval of a site
development plan submitted pursuant to this section
such fees to be paid one-half at the time of filing of
the plan and the remainder prior to final approval.
Such fees shall be calculated as set forth in section
35.0. (32.6.6, 1980; 5-5-82)
b. In addition, for site development plan field inspec-
tions as the site is developed, the developer shall pay
to the county a fee as prescribed by a fee schedule of
the building inspections department. (32.6.6, 1980)
C. All fees shall be paid prior to the issuance of any
certificate of occupancy. (32.6.6, 1980)
32.3.10 APPEALS
The board of supervisors reserves unto itself the right to
review all decisions of the commission made in the adminis-
tration of section 32.0 which, in its discretion, it shall
deem necessary to the proper administration hereof.
(32.7.7, 1980)
Any person aggrieved by any decision of the commission in
the administration of this section may demand a review of
the application by the Albemarle County Board of Supervi-
sors. Such demand shall be made by filing a request there-
for in writing with the agent within ten (10) calendar days
of the date of such decision. The board of supervisors may
affirm, reverse or modify, in whole or in part, the decision
of the commission. In so doing, the board of supervisors
shall give due consideration to the recommendations of the
site plan review committee and the commission. In addition,
it may consider such other evidence as it deems necessary
for a proper review of the application. (32.7.6, 1980)
Any person aggrieved by a decision of the agent or site plan
review committee, may demand a review by the commission of
the specific decision concerned. Such request shall be made
in writing and filed with the agent within ten (10) calendar
days of the date of such decision. (Added )
For the purposes of this section the term "person aggrieved"
shall be limited to the applicant, persons required to be
notified pursuant to section 32.4.2.5, the commission or any
member thereof, the agent, the zoning administrator, the
county executive, the board of supervisors or any member
thereof. (32.7.6, 1980; 1-1-83; Amended )
32.3.11 WAIVER; VARIATION; SUBSTITUTION
32.3.11.1 The commission may waive, vary or accept substitution for
any requirement of section 32.7, minimum standards for
improvements, in a particular case upon a finding that
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February 24, 1987
Page 7
requirement of such improvement would not forward the
purposes of this ordinance or otherwise serve the public
interest; or in the case of substitution, that such alterna-
tive will satisfy the purpose of this ordinance to at least *40
an equivalent degree as the required improvement. (Added )
32.3.11.2 Whenever, because of unusual size, topography, shape of the
property, location of the property or other unusual condi-
tions excluding the proprietary interests of the developer,
strict application of the requirements of section 32.7 would
result in significant degradation of the site or adjacent
properties, the requirement may be varied or waived by the
commission; provided that such variance or waiver shall not
be detrimental to the public health, safety or welfare, to
the orderly development of the area, or to sound engineering
practice, or to adjacent properties. (Added )
32.3.11.3 Upon finding in any case that by substitution of technique,
design or materials of comparable quality, but differing
from those required by section 32.7, a developer will
achieve results which substantially satisfy the overall
purposes of this ordinance in a manner equal to or exceeding
the desired effects of the requirement in section 32.7, the
commission may approve such substitution of technique,
design or materials. (Added )
32.3.11.4 A developer requesting waiver, variation or substitution
pursuant to this section shall file with the agent a written
request which shall state reasons and justifications for w0
such request together with such alternatives as may be
proposed by the developer. Such request shall be submitted
prior to commission consideration of the preliminary or
final plan, but no later than the site plan review committee
revision deadline by-s�eh-date-a9-may-be-speefied-by-the
agent. No such request shall be considered by the commis-
sion until the commission has considered the recommendation
of the agent. The agent may recommend approval, approval
with conditions or denial. A recommendation of approval or
conditional approval shall be accompanied by a statement
from the agent as to public purpose served by such recommen-
dation, particularly in regard to the purpose and intent of
this ordinance, Chapter 18 of the
Code of Albemarle and the comprehensive plan. (Added )
32.4 PROCEDURE
32.4.1 PRELIMINARY CONFERENCE WITH STAFF
32-4-+ An informal meeting and discussion between the applicant and
the county planning staff may be held prior to the submis-
sion of a preliminary site development plan. The applicant
may present a preliminary schematic master plan showing:
a. Boundary lines of subject property;
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February 24, 1987
Page 8
32.4.2
32.4.2.1
b. Existing land conditions, existing topography at a
maximum of ten (10) foot contour intervals, and soils
information;
C. General lay -out design of what is proposed on a scale
of not smaller than one (1) inch equals one hundred
(100) feet;
d. Building setback lines;
e. Zoning of subject property and adjacent parcels; and
f. Notation if within public water supply watershed.
This is not to be considered binding by the county or the
owner of the property, but serves simply as a guide toward
future development as each section of development is submit-
ted for final approval. (32.3.1, 1980; Amended )
PRELIMINARY PLAN SUBMITTAL
Applications for preliminary plan approval shall be submit-
ted to the Albemarle County department of planning and
community development. Plans which lack information re-
quired by section 32.5 shall be deemed to be incomplete and
shall be rejected by the agent within ten (10) days of
submittal. (32.7.1, 1980; Amended )
32.4.2.2 There is hereby created a site plan review committee com-
posed of representatives of the Albemarle County department
of planning and community development, the Albemarle County
engineer's office, the Albemarle County Service Authority,
the watershed management official, the Albemarle County fire
official, the Virginia Department of Health, the Virginia
Department of Highways and Transportation, and the United
States Department of Agriculture Soil Conservation Service.
The committee shall have the power to make rules for the
regulation of its business, subject to the approval of the
commission. (32.7.2, 1980; 1-1-84; Amended )
32.4.2.3 The agent shall transmit all applications for preliminary
plan approval to the site plan review committee. The
committee shall review all such applications for technical
compliance with the provisions hereof. Upon completion of
its review, the committee shall make recommendations to the
agent. (32.7.3, 1980; Amended )
32.4.2.4 The developer shall revise the plan to include all require-
ments of the site plan review committee and shall submit
such revisions by a date prescribed by the agent. Where the
revised plan does not include required revisions, the agent
shall suspend review and notify the applicant in writing
that the plan shall not proceed until required revisions are
complete as determined by the agent. (Added )
February 24, 1987
Page 9
Nothing contained herein shall obligate the developer to
revise the plan to include recommendations of the committee.
However, in such case in which the developer does not revise
the plan to include recommendations of the committee, the
developer shall submit in writing to the agent by the
revision date a statement as to the reasons and justi-
fication for not incorporating such recommendations in the
revised plan. (Added )
At such time as the agent determines that the plan is in
compliance with the requirements of this section, the agent
shall transmit the plan, together with the recommendations
of the site plan review committee, and his comments and
recommendations, to the commission for action. (32.7.4,
1980; Amended )
32.4.2.5 Notice of preliminary plan submission shall be sent by first
class mail to the last known address of all owners of
property adjacent to the development. In any case in which
the property so adjacent is owned by the applicant, notice
shall be given to the owners of the next adjoining property
not owned by the applicant. Mailing to the address shown on
the current real estate tax assessment books of Albemarle
County shall be deemed adequate compliance with this re-
quirement. No preliminary plan shall be approved within ten
(10) calendar days of the date of the mailing of such
notice. The notice shall state the type of use proposed,
specific location of development, appropriate county office
where the preliminary plan may be viewed, and date of
commission meeting. (32.3.2, 1980; 6-3-81; Amended )
32.4.2.6 The commission shall approve or disapprove the application
within sixty (60) calendar days from the date of the appli-
cation, except in those cases where the agent has suspended
review of the preliminary plan under section 32.4.2.4 of
this ordinance.. In so doing, the commission shall give due
consideration to the recommendations of the site plan review
committee and the agent. In addition, it may consider such
other evidence as it deems necessary for a proper review of
the application. (32.7.5, 1980; Amended )
In approving a preliminary plan, the commission may deter-
mine to review in whole or in part the final site develop-
ment plan. (Added )
32.4.2.7 Any person aggrieved by a decision of the agent, site plan
review committee, or the commission may appeal the specific
decision concerned pursuant to section 32.3.10 of this
ordinance. (Added )
32.4.3 FINAL SITE DEVELOPMENT PLAN SUBMITTAL
32.4.3.1 In order to be eligible for administrative approval by the
agent, a final site development plan shall be submitted
within six (6) months of the date of commission approval of
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February 24, 1987 Page 10
the preliminary plan. In any case, the final site develop-
ment plan shall be submitted within one (1) year of the com-
mission approval of the preliminary plan or the preliminary
plan approval shall expire. (Added )
The site development plan shall be reviewed by the com-
mission if (1) there is substantial change from the approved
preliminary plan; or (2) if the commission requested review
of the plan during preliminary plan approval. (Added )
During the above time period, the applicant shall work to
satisfy the conditions of preliminary plan approval and to
obtain tentative approvals for the final site development
plan from the agencies represented on the site plan review
committee. (Added )
The final site development plan shall be reviewed in accor-
dance with the regulations of section 32.0 in effect at time
of preliminary site development plan approval. (Added )
32.4.3.2 Application for final site development plan false-ealled
site -development -plan+ approval shall be submitted to the
Albemarle County department of planning and community
development. (32.7.1, 1980; Amended )
Plans which lack items required in section 32.6 shall be
deemed to be incomplete and shall be rejected by the agent.
(Added )
vw,�►
32.4.3.3 The agent shall transmit application for final site develop-
ment plan approval to the site plan review committee for its
review. The committee shall review such application for
technical compliance with the provisions hereof and any
conditions of approval of the preliminary plan. (Added )
32.4.3.4 For a plan not eligible for administrative approval, the
site plan review committee shall make recommendations to the
agent. The plan shall proceed as for a preliminary plan,
following procedures in section 32.4.2. (Added )
32.4.3.5 For a plan eligible for administrative approval, the site
plan review committee shall give final approval to the plan
if required revisions are complete, or defer approval if
further required revisions are necessary. (Added )
32.4.3.6 At such time as the plan is approvable, all members of the
site plan review committee shall sign the master drawing
required under section 32.6.4. (Added )
32.4.3.7 Approval of the final site development plan pursuant to this
section shall expire twelve (12) months after the date of
approval unless actual building construction shall have
commenced and is thereafter prosecuted in good faith.
err (32.6.3, 1980; Amended )
February 24, 1987
Page 11
32.4.3.8 Any person aggrieved by a decision of the agent or site plan
review committee or commission may appeal the specific
decision concerned pursuant to section 32.3.10 of this
ordinance. (Added ) ""o
32.5 PRELIMINARY PLAN CONTENT
32.5.1 Fourteen (14) clearly legible blue or black line copies of a
preliminary plan shall be filed with the Albemarle County
department of planning and community development. (32.3.5,
1980; Amended )
32.5.2 If revisions are necessary, seven (7) full-sized revised
copies and one (1) reduced revised copy no larger than
eleven (11) inches by seventeen (17) inches shall be submit-
ted by the revisions deadline. (Added )
32.5.3 All waiver requests shall be submitted with the preliminary
plan and clearly state the specific items being requested
for waiver. (Added )
32.5.4 The preliminary plan shall be dimensioned to the accuracy
standards required in section 32.5.6.r. (Added )
32.5.5 The preliminary plan shall be prepared to the scale of one
(1) inch equals twenty (20) feet or to such scale as may be
approved by the agent in a particular case; no sheet shall
exceed forty-two (42) inches by thirty-six (36) inches in
size. The preliminary plan 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.
(Added )
32.5.6 The preliminary plan shall contain the following informa-
tion:
a. The name of the development; name of the owner, devel-
oper and individual who prepared the plan; tax map and
parcel number; zoning; together with description of any
variances, zoning proffers 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 topogra-
phy); the source of the topography; the source of the
survey; sheet number and total number of sheets; date
of drawing; date and description of latest revision;
owner, zoning, tax map and parcel number and present
use of adjacent parcels; departing lot lines; minimum
setback lines, yard and building separation require-
ments; vicinity map at a scale of one (1) inch equals
two thousand (2,000) feet; and boundary dimensions.
February 24, 1987
Page 12
b. Written schedules or data as necessary to demonstrate
that the site can accommodate the proposed use, includ-
ing: proposed uses and maximum acreage occupied by
each use; maximum number of dwelling units by type;
gross residential density; square footage of recreation
area, percent and acreage of open space; maximum square
footage for commercial and industrial uses; maximum
number of employees; maximum floor area ratio and lot
coverage if industrial; maximum height of all struc-
tures; schedule of parking including maximum amount
required and amount provided; and maximum amount of
impervious cover on the site; if a landscape plan is
required, maximum amount of paved parking and vehicular
circulation areas.
e- Bese�iptien-ef-any-�a��anees;-�e�en�ng-p�effe�s-e�
hens-faete�s-whieh-aye-apg��eab�e-te-the-site-
C. d- If phasing is planned, phase lines and proposed timing
of development.
d. e. Existing topography (up to twenty [201 percent slope,
maximum five (51 foot contours, over twenty [201
percent slope, maximum ten [101 foot contours).
Proposed grading (maximum five [51 foot contours)
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 and a minimum of two hundred (200) feet outside of
the site unless otherwise approved by the agent.
e. f- Existing landscape features as described in section
32.7.9.4.c.
f. g- The name and location of all watercourses and other
bodies of water adjacent to or on the site. Indicate
if the site is located within a reservoir watershed.
g h. Location of septic setback lines from watercourses
including intermittent streams and other bodies of
water.
h. 4-- One hundred year flood plain limits as shown on the
official flood insurance maps for the-eeunty-ef
Albemarle County.
i. j- Existing and proposed streets, access easements and
travelways, together with street names, state route
numbers, right-of-way lines and widths, centerline
radii, and pavement widths. (32.4.5, 1980; Amended )
J. k- Location and size of: existing water and sanitary
sewer facilities and easements; storm sewer facilities,
drainage channels; and drainage easements.
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February 24, 1987
Page 13
k. 1- Proposed conceptual lay -out for water and sanitary
sewer facilities and storm drainage facilities includ-
ing storm detention ponds or structures, indicating
direction of flow in all pipes and watercourses with *so
arrows.
1.- Location of other existing and proposed utilities and
utility easements.
M. n. 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. e- 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 faci-
lities; parking lots and other paved areas; loading and
service areas together with the proposed paving materi-
al types for all walks, parking lots and driveways; and
signs.
o. p- All areas intended to be dedicated or reserved for
public use.
P. g- Landscape plan in conformance with section 32.7.9.
CL.- Where deemed appropriate by the agent due to intensity vaO
of development, estimated traffic generation figures
for the site based upon current Virginia Department of
Highways and Transportation rates for residential land
uses, and the Federal Highway Administration Publica-
tion Development and Application of Trip Generation
Rates for all other land uses. Indicate the estimated
vehicles per day and direction of travel for all
connections to a public road.
r. s. The preliminary plan 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 (1/2) of the contour
interval required in section 32.5.6.d above;
3. Proposed contours - within five (5) feet horizon-
tally and vertically;
4. Existing structures, utilities and other topo-
graphic features - within five (5) feet;
5. Proposed structures, roads, parking lots and othei*40
improvements - within five (5) feet.
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'February 24, 1987
Page 14
S. t- The agent or the commission may require additional
information to be shown on the preliminary plan as
w deemed necessary in order to provide sufficient infor-
mation for the staff and/or commission to adequately
review a preliminary plan.
32.6 FINAL SITE DEVELOPMENT PLAN CONTENT
32.6.1 Final site development plans together with amendments
thereto shall be prepared and sealed by an architect,
professional engineer, land surveyor with a 3(b) license, or
landscape architect, all of whom shall be licensed to
practice in the State Commonwealth of Virginia.
32.6.2 Final site development plans shall be prepared on mylar,
sepia, or other such transparency material which shall be
termed as the master drawing. Fourteen (14) clearly legible
blue or black line copies of the master drawing shall be
filed with the Albemarle County department of planning and
community development.
32.6.3 Six (6) copies of a landscape plan shall be filed with the
site development plan if not previously submitted.
32.6.4 If revisions are necessary, seven (7) full-sized revised
copies shall be submitted by the revision deadline. When
the plan is ready for final approval, the full-sized revised
master drawing shall be submitted for signatures. Once
signatures have been obtained, the applicant shall submit
four (4) copies of the signed master drawing to the agent.
32.6.5 The final site development plan shall be prepared to the
scale of one (1) inch equals twenty (20) feet or larger; no
sheet shall exceed thirty-six (36) inches by forty-two (42)
inches in size. The site development plan may be prepared
on one (1) or more sheets. If prepared on more than one (1)
sheet, match lines shall clearly indicate where the sheets
join.
32.6.6 The final site development plan.shall reflect conditions of
approval of the preliminary plan. The final site develop-
ment plan shall contain the following information in addi-
tion to all the information required on the preliminary
plan:
a. Specific written schedules or notes as necessary to
demonstrate the requirements of this ordinance are
being satisfied. In addition to preliminary plan
information, indicate if sale or rental units; number
of bedrooms per unit, and number of units per building
if multi -family; specifications for recreational
facilities.
717.
February 24, 1987
Page 15
b. Proposed grading (up to twenty [201 percent slope,
maximum two [21 foot contours; over twenty [20] percent
slope, maximum five [51 foot contours). Iwo
C. Detailed plans for proposed water and sanitary sewer
facilities, including: all pipe sizes, types and
grades; proposed connections to existing or proposed
central systems; location and dimensions of proposed
easements and whether the same are to be publicly or
privately maintained; profiles and cross sections of
all water and sewer lines including clearance where
lines cross; all water main locations and sizes; valves
and fire hydrant locations; all sanitary sewer
appurtenances by type and number; the station on the
plan to conform to the station shown on the profile and
indicate the top and invert elevation of each struc-
ture.
d. Detailed construction drainage and grading plans:
1. Profiles of all ditches and channels whether
proposed or existing. Show: existing and pro-
posed grades, and invert of ditches, cross pipes
or utilities; typical channel cross sections for
new construction; and actual cross sections for
existing channels intended to remain;
2. Profiles of all storm sewer systems showing
existing and proposed grades;
3. Plan view of all drainage systems with all struc-
tures, pipes and channels numbered or lettered on
the plan and profile views. Show sufficient
dimensions and bench marks to allow field stake
out of all proposed work from the boundary lines;
4. A drainage summary table for culverts, storm sewer
and channels as described in the following exam-
ple:
February 24, 1987
Page 16
Structure Invert
Number Description Length In
Invert
Out Slope Remarks
1
42" RCP
50'
424.50
424.00
100.00%
Provide
Class III
2, EW-
2
DI-3B
L=8
426.00
-
-
IS-1
432.00
Top
3
PG-2A
400'
420.00
400.00
5.00o
D=12"
4
Grade Swale
200'
420.00
415.00
2.50%
D=18"
5. A legend showing all symbols and abbreviations
used on the plan;
6. General notes, typical sections, and details of
all items not covered by Virginia Department of
Highways and Transportation standard drawings;
7.
Floo
for
drai
d plain limits for the one hundred year storm
all watercourses that -have -a with an upstream
nage area of ene-hundred-f 188} fifty ( 50 )
e. Typical street sections together with specific street
sections where street cut or fill is five (5) feet or
greater; centerline curve data; radius of curb returns
or edge of pavement; location, type and size of pro-
posed 1ngessfegess-teffem ingress to and egress from
the site; together with culvert size; symmetrical
transition of pavement at intersection with existing
street; the edge of street surface or face of curb for
full length of proposed street; when proposed streets
intersect with or adjoin existing streets or travel -
ways, both edges of existing pavement or travelway
together with curb and gutter indicated for a minimum
of one hundred (100) feet or the length of connection,
whichever is the greater distance.
f. Signature panels for department of planning and commu-
nity development, department of engineering, department
of zoning, fire official, Albemarle County Service
Authority, Virginia Department of Health, and Virginia
Department of Highways and Transportation.
February 24, 1987
Page 17
g. For all parking and loading areas, indicate: size;
angle of stalls; width of aisles and specific number of
spaces required and provided, and method of computa-
tion. Indicate type of surfacing for all paved or view
gravel areas.
h. The final site development plan shall be dimensioned to
at least the following standards for accuracy:
1. Boundary, setback and zoning lines - one foot in
ten thousand (1:10,000) feet;
2. Existing contours - one half (1/2) of the contour
interval required in section 32.6.6.b above;
3. Proposed contours - within one (1) foot horizon-
tally and vertically;
4. Spot elevations - within one -tenth (0.10) of a
foot;
5. Existing structures, utilities and other topo-
graphic features - within two (2) feet. For
critical structures, accuracy should be within
one -tenth (0.10) of a foot;
6. Proposed structures, roads, parking lots and other
improvements - within one one -hundredth (0.01) of
a foot.
h. Landscape plan in conformance with section 32.7.9.
32.7 MINIMUM STANDARDS FOR IMPROVEMENTS
32.7.1 COMPREHENSIVE PLAN
The comprehensive plan for Albemarle County provides a
framework within which public and private decisions can
promote the most beneficial arrangement of land use and
related public services. The comprehensive plan provides
for a balanced development policy which accommodates future
growth while preserving existing amenities. (Added )
There is a mutual responsibility between the county and the
developer to develop land in an orderly manner in accordance
with the intent of the comprehensive plan. The comprehen-
sive plan shall serve as a guide to the developer in prepa-
ration of a site development plan. All agencies of the
county shall employ, and all other public agencies are
encouraged to employ, the standards and recommendations of
the comprehensive plan in review of site development plans.
(Added )
32.7.1.1 In the case of any construction, use, change of use or other
development required to be reviewed by the commission under
February 24, 1987
Page 18
section 15.1-456 of the Code, the provisions of this ordi-
nance shall be deemed supplementary to the said section and
shall be construed in accordance therewith. (32.2.3, 1980)
Any public area, facility or use as set forth in paragraph
(a) of section 15.1-456 of the Code which is within, but not
the entire subject of, an application under this section,
shall be reviewed by the commission as to whether or not the
same is substantially in accord with the comprehensive plan
as well as for compliance with the design standards hereof.
Approval of such application shall be deemed approval of
such area, facility or use pursuant to section 15.1-456 (a),
(b) and (d) of the Code, subject to review by the board of
supervisors pursuant to section 32.3.10 hereof, which review
shall, as to such area, facility or use, be deemed to
constitute review pursuant to section 15.1-456 (b) of the
Code. Upon approval or disapproval of any plan showing such
facility, the commission shall promptly communicate its
findings to the governing body by forwarding the same in
writing to the clerk of the board of supervisors. (32.2.3,
1-1-83)
32.7.1.2 Site development plans may include provision for the reser-
vation and/or dedication of suitable areas for parks,
schools, open space and other public facilities, utilities
and uses as recommended in the adopted comprehensive plan
for Albemarle County. The developer shall confer with the
board of supervisors or its agent and/or other appropriate
public officials of the county to ascertain if, and when,
and in what manner such areas should be reserved for acqui-
sition by the county. Nothing in this provision shall be
construed to preclude the dedication of any property for
public use which is not included in the comprehensive plan,
provided such property is acceptable to the county for
dedication and maintenance. The board of supervisors may
require, as a condition precedent to approval of the devel-
opment, that the developer allocate space necessary for
public purposes, to the extent that the same shall be
reasonably necessitated by the particular development.
Where the particular development contributes in part, along
with other development or developments in the area, to the
need for such facilities, the developer may be required to
contribute lands, on a pro-rata basis, for such facilities
as are reasonably attributable to the particular develop-
ment. (32.5.17, 1980; Amended )
32.7.1.3 Where the comprehensive plan indicates a proposed right-of-
way greater than that existing on the boundaries of a site
development plan, such additional right-of-way shall be
reserved for public use when the plan is approved by the
measurement of setback from such proposed right-of-way line.
(32.5.4, 1980; Amended )
32.7.2 SAFE AND CONVENIENT ACCESS; CIRCULATION; PEDESTRIAN WAYS;
PARKING AND LOADING
February 24, 1987
Page 19
Each development shall be provided with safe and convenient
ingress from and egress to one (1) or more public roads
designed to: reduce or prevent congestion in the public
streets; minimize conflict and friction with vehicular *WO
traffic on the public street and on -site; minimize conflict
with pedestrian traffic; and provide continuous and unob-
structed access for emergency purposes such as police, fire
and rescue vehicles. To these ends, the commission in
review of a site development plan may specify the number,
type, location and design of access points to a public
street together with such measures as may be deemed appro-
priate to insure adequate functioning of such access points.
(Added )
32.7.2.1 Each entrance onto any public road for vehicular traffic to
and from each development shall be subject to the approval
of the commission upon the advice of the resident engineer
of the Virginia Department of Highways and Transportation
and other staff and shall be constructed in accordance with
the design standards of the Virginia Department of Highways
and Transportation. (32.5.8.01, 7-15-81)
32.7.2.2 In the case of any multi-laned divided highway, no such
entrance which is not directly opposite any crossover in the
median of any such highway shall be permitted within five
hundred (500) feet of any such crossover except upon find-
ings by the commission that: (1) there is no other reason-
ably practicable access to such development except within
five hundred (500) feet of any such crossover; (2) that no
reasonable means of alternative access is available to such
development; and (3) that the provision of an entrance
within five hundred (500) feet of any such crossover will be
consistent with the public health, safety and general
welfare. (32.5.8.01, 7-15-81)
32.7.2.3 Where discharge waters of the one hundred year storm could
reasonably be anticipated to inundate, block, destroy or
otherwise obstruct the principal means of access to a
residential development or part thereof:
a. The principal means of access shall be designed and
constructed so as to provide unobstructed access at
time of flooding subject to the requirements of section
30.3 flood hazard overlay district; and/or
b. Alternative vehicular access available to all dwellings
and not subject to flooding shall be provided. (Added)
32.7.2.4 For a development of fifty (50) or more residential units,
reasonably direct vehicular access shall be provided from
all residential units to two (2) public street connections.
The foregoing notwithstanding, the commission for any scale
of residential development may require two (2) points of
access to a public street where such access is deemed
warranted due to the character of the residents of such
a
February 24, 1987
Page 20
development including but not limited to the elderly,
handicapped, and developmentally disabled. (Added )
32.7.2.5 The commission may require provision for and/or construction
of travel lanes or driveways to serve adjoining properties.
The pavement of vehicular travel lanes or driveways designed
to permit vehicular travel on the site and from adjacent
property and parking areas shall be not less than twenty
(20) feet in width. (32.5.7, 1980; Amended )
32.7.2.6 On any site bordering a primary, arterial or interstate
highway, or adjacent to an existing service road in the
state highway system, the developer, in lieu of providing
travel lanes or driveways that provide vehicular access to
and from adjacent parking areas and adjacent property, may
dedicate where necessary, and construct a service road in
accordance with existing standards for the Virginia Depart-
ment of Highways and Transportation for such roads. In no
such event shall the setback requirement be greater if the
service road is dedicated than the setback required without
dedication, except that in no event shall a building be
constructed closer than twenty (20) feet from the nearest
right-of-way line. Upon satisfactory completion, inspection
and application by the developer, the county shall take the
necessary procedural steps to have such service road accept-
ed by the Virginia Department of Highways and Transportation
for maintenance. (32.5.8, 1980)
32.7.2.7 On -site parking and circulation shall be designed and
constructed in accordance with section 4.12, off-street
parking and loading requirements, subject to county engineer
approval in accordance with sound engineering practices,
including but not limited to grade, drainage, and paving
specifications; and agent approval of the safe and conve-
nient vehicular circulation patterns. (Added )
32.7.2.8 Provision shall be made for sidewalks and pedestrian'walk-
ways which will enable pedestrians to walk safely and
conveniently between buildings on the site and from the site
to adjacent property. When feasible, pedestrian underpasses
or overpasses are to be encouraged in conjunction with major
vehicular routes. Provision shall be made where appropriate
for pedestrian walkways in relation to private and public
areas of recreation and open space such as schools, parks,
gardens and areas of similar nature. Connection shall be
made wherever possible of walkways and bicycle ways to with
similar facilities in adjacent developments. All sidewalks
and curbs and gutters proposed to be accepted for mainte-
nance by the Virginia Department of Highways and Transporta-
tion shall be built in accordance with the construction
standards of the Virginia Department of Highways and Trans-
portation and shall conform to the provisions of section
15.1-381 of the Code. All other sidewalks and walkways
shall conform to section 15.1-381 of the Code and shall be
of material, specifications and design approved by the
February 24, 1987
Page 21
county engineer. Sidewalks and pedestrian walkways may be
required on one or both sides of streets to the reasonable
satisfaction of the commission in residential subdivisions
of a proposed density of two (2) or more dwelling units per
acre and in commercial and industrial developments whenever
the commission shall determine that the same to -be are
reasonably necessary to protect the public health, safety
and welfare and that the need therefor is substantially
generated by the proposed development. (32.5.19, 1980)
32.7.3 STREETS; ROADS
In the case of any site development plan involving multiple
uses, including multiple dwelling units, the principal means
of access thereto shall conform to the standards of the
Virginia Department of Highways and Transportation or in the
case of a private road to the standards of the County as set
forth in section 18-36 of Chapter 18 St�bdl�islen-ef-nand-ef
the-Albemarle-EedntY of the Code of Albemarle, whether or
not the property is proposed to be subdivided. The commis-
sion may waive this requirement for access ways between
adjoining properties and emergency access ways required
pursuant to section 32.7.2 of this ordinance. (Added )
32.7.3.1 The board of supervisors, or its agent, may modify street
geometric design standards for local, collector and minor
loop streets or private roads, provided that:
a. Approval for modification is obtained from the VirginiavO
Department of Highways and Transportation where appli-
cable; and
b. Off-street parking spaces are provided to compensate
for the loss of on -street parking due to modification
of geometric design standards; and
C. The developer shall be responsible for the placing of
"no parking" signs on all travel lanes, driveways or
streets to prohibit parking on such roads or driveways.
Where cul-de-sac turnarounds are utilized under this
modification, if the right-of-way radius is fifty (50)
feet and the paved radius is forty (40) feet, the
developer shall install "no parking" signs for the
complete circle where such signs are required by the
commission. If the right-of-way radius is increased to
sixty (60) feet and the paved radius is increased to
fifty (50) feet, parking on the turnaround may be
permitted. (32.5.6, 1980; Amended )
32.7.3.2 All cul-de-sacs shall have a turning radius of at least
fifty (50) feet. In the case of any such street which is
not part of the state highway system, the commission may
require at least one sign of a type approved by the county
engineer be posted giving notice that such street is not a
through street. (32.5.9, 1980; Amended )
9��-
February 24, 1987
Page 22
No road segment ending in a cul-de-sac or loop street shall
serve more than forty-nine (49) residential units except as
provided in section 32.7.2 of this ordinance. (Added )
32.7.3.3 In any case where existing public street right-of-way is
less than fifty (50) feet, additional right-of-way shall be
dedicated to provide for a fifty (50) foot width. Such
dedication shall be measured to be twenty-five (25) feet
from the existing street centerline except as otherwise
required by the commission. In any case where the commis-
sion determines that a right-of-way in excess of fifty (50)
feet will be necessary to serve the traffic which may
reasonably be expected to be generated by the proposed
development, such greater width of right-of-way may be
required by the commission. Public street right-of-way of
less than fifty (50) feet may be permitted upon recom-
mendation of the Virginia Department of Highways and Trans-
portation. (32.5.4, 1980; Amended )
32.7.4 DRAINAGE; STORMWATER MANAGEMENT; SOIL EROSION
Provisions shall be made for the disposition of surface
water run-off from the site including such on -site and
off -site drainage facilities and drainage easements as the
commission, upon recommendation of the county engineer, may
deem adequate. (32.5.13, 1980; Amended )
32.7.4.1 Except as the commission may otherwise require in a particu-
lar case, or as expressly provided herein, such facilities
shall be so designed and installed that the rate of surface
water run-off from the site, due to a rainfall of a ten-year
return period intensity as shown on the frequency analysis
curve for Charlottesville, Virginia, shall be no greater
after the proposed development than before; provided, that
the same may be accomplished without unreasonable adverse
impact on the environment of the site. This subsection
shall apply only within the geographic limits as hereinafter
described: the drainage basins of Moores Creek, Meadow
Creek, Powell Creek, Redbud Creek, Town Branch and those
unnamed branches, whether perennial or intermittent, which
flow directly into the Rivanna River from either side,
beginning at the crossing of U. S. Route 29 over the South
Fork of the Rivanna River, thence with the South Fork to its
confluence with the North Fork of the Rivanna and thence
downstream with the Rivanna River to its confluence with
Moores Creek; all as shown on maps published by the United
States Geological Survey entitled, "Charlottesville East,
Virginia," "Charlottesville West, Virginia," "Earlysville,
Virginia," "Simeon, Virginia," and "Alberene, Virginia."
Within the geographic area hereinabove described,_this
subsection shall not apply to the following:
a. Lands which are designated as lying within the flood
plain of any stream in accordance with section 30.3 of
this ordinance;
February 24, 1987
Page 23
b. The development of any lot or parcel which results in a
total impervious surface coverage of not greater than
twenty thousand (20,000) square feet;
C. Any development, the final site development plan and/or
subdivision plat of which has been approved by the
commission prior to the adoption of this section, as
amended; and
d. In any case where the developer shall demonstrate to
the reasonable satisfaction of the county engineer and
the commission that off -site improvements or other
provisions for the disposition of surface water run-off
would equally or better serve the public interest and
safety, and that such method of disposition would not
adversely affect downstream properties. (32.5.13,
1980; Amended )
32.7.4.2 In addition to the provisions of section 4.14 and other
applicable law, provisions shall be made for the minimiza-
tion of pollution of downstream watercourses and groundwater
where such measures are deemed warranted by the commission
due to the peculiar character of a particular use. In
determining what measures, if any, are warranted, the
commission shall consider the recommendation of the county
engineer and, where applicable, the watershed management
official, in light of the character of the proposed use
including but not limited to: storage of petroleum prod-
ucts, pesticides, poisons, synthetic organic compounds or
other substances which, if improperly stored or inadvertent-
ly discharged, may reasonably be anticipated to pollute
surface or groundwaters. This provision shall not apply to
residential use. (Added )
32.7.4.3 All provisions for soil erosion and sedimentation control
shall comply with the provisions of the Albemarle County
Soil Erosion and Sedimentation Control Ordinance. (32.5.14,
1980)
32.7.4.4 In review of site development plans, the site plan review
committee should refer to the U. S. Department of Agricul-
ture Soil Conservation Service, Soil Survey of Albemarle
County, Virginia, August, 1985 in commenting as to soil
suitability for the intended development including specific
reference to Table 10 Building Site Development, Table 12
Construction Materials, and Table 16 Soil and Water Fea-
tures. In such case where soils are rated as poor or
severely limited for an intended use, or where high seasonal
water table and/or hydrologic group D soils are encountered,
the site plan review committee shall so notify the commis-
sion together with recommendations for special design
measures. (Added )
32.7.5 WATER, SEWER, AND OTHER UTILITIES
February 24, 1987
Page 24
Adequate provision shall be made by the developer for all
utilities, both on -site and off -site. Where deemed appro-
priate by the commission in accordance with section 32.7.1,
the developer shall provide easements through the develop-
ment for extension of such utilities to other properties.
(32.5.15, 1980; Amended )
32.7.5.1 Within the service areas of the Albemarle County Service
Authority and where the commission determines public water
and/or sewer to be reasonably available, such service shall
be extended by the developer. All such facilities shall be
constructed to Albemarle County Service Authority specifi-
cations and dedicated to the Albemarle County Service
Authority. Except as otherwise provided by Albemarle County
Service Authority policy, all costs shall be borne by the
developer. (Added )
32.7.5.2 All public facilities, utility and drainage easements
outside the right-of-way of public streets are to be shown
on the final site development plan provided that new ease-
ments may be generally shown and accurately dedicated by
separate plat. Utility installation in public streets and
rights -of -way shall be coordinated with street construction
plans and profiles approved by the Virginia Department of
Highways and Transportation resident engineer for Albemarle
County and the county engineer. (32.5.16, 1980; Amended )
32.7.5.3 No site development plan shall be approved by the commission
without verification from the Albemarle County Service
Authority and Albemarle County fire official that adequate
capability exists to serve such development including
required fire flows together with all other approved devel-
opments to be served by such system. Where the development
is to be served by a central water or sewer system other
than the Albemarle County Service Authority, no approval
shall be granted until the requirements of Title 15.1,
Chapter 9, Article 7 of the Code have been satisfied. Where
service is proposed by individual well or septic system, no
approval shall be granted until written approval from the
Virginia Department of Health has been received by the
agent. (Added )
32.7.E " FIRE PROTECTION
32.7.6.1 In areas where public water is deemed reasonably available
by the commission, fire hydrants and distribution systems
shall be provided by the developer. Hydrant locations and
fire flow requirements shall be as prescribed by Insurance
Service Offices (ISO) standards and subject to approval of
the Albemarle County fire official. Access ways for emer-
gency vehicles shall be provided as specified by the fire
official. In areas where public water is not reasonably
available, the fire official may require such alternative
provisions as deemed reasonably necessary to provide ade-
quate fire protection. (32.5.18, 1980)
February 24, 1987 Page 25
32.7.7 RECREATION REQUIREMENTS
32.7.7.1 Recreational areas shall be provided in accordance with
section 4.16, recreation regulations, of this ordinance.
(Added )
32.7.8 SIGNS AND LIGHTING
32.7.8.1 Signage shall be approved by the zoning administrator in
accordance with section 4.15, signs, of this ordinance.
Approval of a site development plan shall in no fashion be
deemed as approval of any signage except such signs as may
be specifically required by the commission to regulate
traffic, prohibit parking, or to serve some other purpose of
this ordinance. (Added )
32.7.8.2 Outdoor lighting shall be directed away from roadways and
adjacent properties and shielded where necessary. (Added )
32.7.9 LANDSCAPING AND SCREENING REQUIREMENTS
The purpose of these requirements is to provide for the
installation, preservation and maintenance of plant materi-
als intended to:
a. Insure development which is consistent with the goals
of the comprehensive plan related to natural resources
and with the plan's environmental and land use stanIwo
-
dards;
b. Promote the public health, safety and welfare;
C. Conserve energy by providing shade and wind breaks;
d. Provide pervious area which helps to reduce run-off and
to recharge groundwater;
e. Improve air quality;
f. Minimize noise, dust and glare;
g. Promote traffic safety by controlling views and defin-
ing circulation patterns;
h. To protect and preserve the appearance, character and
value of the neighboring properties. (32.8.1, 7-10-85)
32.7.9.1 WHEN REQUIRED
Whenever a site development plan is required by this ordi-
nance, a landscape plan shall be required as precedent to
final site development plan approval. The foregoing not-
withstanding, a landscape plan shall be required at time of
preliminary plan review: when the impervious coverage of -440
the site exceeds eighty (80) percent of the gross site area;
February 24, 1987
Page 26
er when the agent determines that due to unusual circum-
stances, conditions of the site or by character of the
proposed use, review at the preliminary plan stage is
warranted; or in any case where required by the commission.
(Added )
32.7.9.2 ADMINISTRATION; APPEAL
a. The agent in review of the landscape plan shall consid-
er comments from other agencies before approving the
plan, including the Virginia Department of Highways and
Transportation and the Albemarle County Service Author-
ity. Once the landscape plan is approved, no changes
may be made unless the revision has been approved by
the agent. (32.8.2.5, 7-10-85; Amended )
b. Required landscaping may be bonded in accordance with
section 32.3.5 to insure completion prior to the
issuance of a certificate of occupancy. All required
landscaping shall be completed by the first planting
season following the issuance of a certificate of
occupancy. A maintenance bond for the required land-
scaping shall be posted by the developer in favor of
the county. If the landscaping is completed prior to
the issuance of a certificate of occupancy, then the
maintenance bond shall be posted prior to the issuance
of a certificate of occupancy. If the landscaping is
bonded for completion, rather than completed prior to
the issuance of a certificate of occupancy, then the
maintenance bond shall be posted when the materials are
planted and before the completion bond is released.
(32.8.2.6, 32.8.2.7, 7-10-85)
The maintenance bond shall be in the amount of
one-third (1/3) of the value of required trees and/or
shrubs, and shall be held for a period of twelve (12)
months following the planting date. (32.8.2.7,
7-10-85)
At the end of the twelve (12) month time period, the
bond shall be released if all required plantings are in
healthy condition as determined by the zoning admini-
strator. Thereafter, required landscaping shall be
maintained in healthy condition by the current owner or
property owner's association, and replaced when neces-
sary. Replacement material shall conform to the
original intent of the landscape plan. When existing
plantings are preserved in lieu of required new plant-
ings, the bond shall be calculated according to the
replacement value of plantings which meet minimum
requirements of this ordinance. (32.8.2.7, 7-10-85)
C. Any person aggrieved by a decision of the agent may
demand a review of the plan by the commission pursuant
February 24, 1987 - --- - — Page 27
to section 32.3.10 of this ordinance. (32.8.2.8,
7-10-85; Amended )
32.7.9.3 VARIATION; WAIVER (Added )
a. The agent may vary or waive the requirement of a
landscape plan in whole or in part together with
improvements required herein upon a finding that
requirement of such plan and/or improvement would not
forward purposes of this ordinance or otherwise serve
the public interest; provided that such variation or
waiver shall result in a plan substantially in compli-
ance with the approved site development plan together
with all conditions imposed by the commission or agent
thereof; and, provided further that such variation or
waiver shall have no additional adverse visual impact
on adjacent properties or public areas nor otherwise be
inconsistent with section 32.7.9 of this seetien
ordinance. No variance or waiver of landscape plan
shall be approved except after notice required by
section 32.4.2.5. (Added )
b. Whenever, because of unusual size, topography, shape of
the property, location of the property, or other
unusual conditions, excluding the proprietary interests
of the developer, strict application of the require-
ments of section 32.7.9 would result in significant
degradation of the site or adjacent properties, the
requirement may be varied or waived by the agent; No
provided that such variance or waiver shall not be
detrimental to the public health, safety or welfare, or
to the orderly development of the area, or to sound
engineering practice, or to adjacent properties.
(Added )
C. A developer requesting variation or waiver pursuant to
this section shall file with the agent a written
request which shall state reasons and justifications
for such request together with such alternatives as may
be proposed by the developer. The agent may approve,
approve with conditions, or deny such request. In the
case of conditional approval or denial, the agent shall
notify the developer in writing as to reasons for such
action within five (5) days of such decision. (Added )
32.7.9.4 CONTENTS
The landscape plan shall show the following:
a. The location, size and type of all proposed plant
materials, and verification that minimum landscaping
and screening requirements have been satisfied. Plant
materials may be indicated in the following generic
terms on the landscape plan: large or medium shade
tree; screening tree; screening shrub; or street shrub.
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February 24, 1987
Page 28
The required plant materials shall be chosen from a
recommended species list approved by the agent. Plant
material not listed may be substituted for required
plant material only if such substitution is expressly
approved by the agent. (32.8.2.2, 7-10-85; Amended )
b. Existing trees or wooded areas may be preserved in lieu
of planting new materials in order to satisfy land-
scaping and screening requirements, subject to the
agent's approval. In such case, the landscape plan
shall indicate the trees to be saved; limits of clear-
ing; location and type of protective fencing; grade
changes requiring tree wells or walls; and trenching or
tunnelling proposed beyond the limits of clearing. In
addition, the applicant shall sign a conservation
checklist approved by the agent to insure that the
specified trees will be protected during construction.
Except as otherwise expressly approved by the agent in
a particular case, such checklist shall conform to
specifications contained in the Virginia Erosion and
Sediment Control Handbook, pp III-284 through III-297.
(32.8.2.3, 7-10-85; Amended )
C. In addition, the landscape plan shall indicate existing
landscape features on the site. Such features shall
include, but shall not be limited to:
1. Wooded area indicated by general type (evergreen
or deciduous) and location of tree line;
2. Small groups of trees and individual trees of six
(6) inch caliper or greater, or ornamental trees
of any size, indicated by common name, approximate
caliper and location;
3. Natural features which distinguish the site, such
as prominent ridge lines, rock outcroppings or
water features;
4. Man-made features of local, historic or scenic
importance;
5. Scenic vistas across the site from a public road.
The agent may require that any or all such features be
preserved upon determination following a site inspection,
that the features contribute significantly to the character
of the Albemarle County landscape and that the preservation
of such features is necessary to satisfy the purpose and
intent of this ordinance.
The purpose of this section is to protect unique amenities
%Aw which could otherwise be irretrievably lost due to careless
site design. It is not intended that this section be
February 24, 1987
Page 29
applied indiscriminately, nor to prohibit development.
(32.8.2.4, 7-10-85; Amended )
32.7.9.5 MINIMUM STANDARDS
The following minimum standards shall apply:
a. Large street trees shall be one and one-half (1 1/2)
inches to one and three-quarters (1 3/4) inches minimum
caliper (measured six [61 inches above ground level)
when planted. Medium street trees shall be one (1)
inch to one and one -quarter (1 1/4) inches minimum
caliper when planted. Evergreen trees for screening
shall be a minimum four (4) feet to five (5) feet in
height when planted. Shrubs for screening shall be a
minimum eighteen (18) inches to thirty (30) inches in
height when planted. Shrubs for street planting shall
be minimum twelve (12) inches to eighteen (18) inches
in height when planted. (32.8.3.1, 7-10-85)
b. All landscaping shall be planted according to estab-
lished planting procedures using good quality plant
materials. Planting islands shall contain a minimum of
fifty (50) square feet per tree, with a minimum dimen-
sion of five (5) feet in order to protect the landscap-
ing and allow for proper growth. Wheel stops, curbing
or other barriers shall be provided to prevent damage
to landscaping by vehicles. Where necessary, trees
shall be welled or otherwise protected against change
of grade. All pervious areas of the site shall be
permanently protected from soil erosion with grass or
other ground cover or mulch material. (32.8.3.2,
7-10-85)
32.7.9.6 STREET TREES (32.8.4, 7-10-85)
The following requirements shall apply to street trees:
a. Street trees shall be required along existing or
proposed public streets in any development which is
subject to site development plan approval in all
commercial and industrial districts and residential
development of a density of four (4) dwelling units per
acre or greater. The agent may waiver this requirement
in certain cases where site conditions warrant an
alternate solution. (32.8.4.1, 7-10-85; Amended )
b. Street trees shall be selected from a current list of
recommended large shade trees, approved by the agent.
Medium shade trees may be substituted, subject to the
approval of the agent when site conditions warrant
smaller trees. The agent may approve substitutions of
species of large or medium shade trees. (32.8.4.2,
7-10-85; Amended )
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Page 30
C. Street trees shall be planted with even spacing in a
row adjacent to the public street right-of-way. One
(1) large street tree shall be required for every fifty
(50) feet of road frontage, or portion thereof, if
twenty-five (25) feet or more. Where permitted, one
(1) medium shade tree shall be required for every forty
(40) feet of road frontage, or portion thereof, if
twenty (20) feet or more. The agent may approve minor
variations in spacing. (32.8.4.3, 7-10-85; Amended )
d. In the case of development with units for sale, the
trees shall be protected through an open space or
easement arrangement and shall be maintained by a
property owner's association. (32.8.4.4, 7-10-85;
Amended )
32.7.9.7 PARKING LOT LANDSCAPING (32.8.5, 7-10-85)
All development subject to site development plan review
shall include the following required landscaping for parking
lots consisting of five (5) spaces or more: (32.8.5.1,
7-10-85; Amended )
a. Street trees: Street trees shall be planted in accor-
dance with section 32.7.9.6 along the public street
frontage which abuts a parking lot. The trees shall be
planted between the street right-of-way and the parking
area, within the parking setback. If required street
trees cannot be planted within the parking setback or
within ten (10) feet of the street right-of-way due to
sight distance, utility easement or other conflicting
requirements, then the planting strip shall be enlarged
to accommodate the trees. If this requirement creates
a hardship by causing the relocation of required
parking spaces, then the additional planting area may
be counted toward the interior landscaping requirement;
dnd (32.8.5.1.a, 7-10-85)
b. Interior landscaping: Exclusive of the requirements of
section 32.7.9.7 (a) and (c), an area equal to five (5)
percent of the paved parking and vehicular circulation
area shall be landscaped with trees or shrubs. This
shall include one (1) large or medium shade tree per
ten (10) parking spaces or portion thereof, if five (5)
spaces or more. Interior landscaping shall be located
in reasonably dispersed planting islands or perimeter
areas. Shrub plantings adjacent to a building shall
not be counted as interior landscaping; dmd
(32.8.5.1.b, 7-10-85; Amended )
C. Additional plantings along public streets: When a
parking lot is located such that the parked cars will
be visible from a public street, then additional
landscaping of low street shrubs shall be required
between the street and the parking lot. Shrubs shall
February 24, 1987
Page 31
be in a single row planted five (5) feet on center.
Alternate methods of landscaping designed to minimize
the visual impact of the parking lot may be approved by
the agent. (32.8.5.1.c, 7-10-85; Amended )
VO
32.7.9.8 SCREENING (32.8.6, 7-10-85)
The following requirements shall apply to screening:
a. When required, screening shall consist of a planting
strip, existing vegetation, a sightly opaque wall or
fence, or combination thereof, to the reasonable
satisfaction of the agent. Where only vegetative
screening is provided, such screening strip shall not
be less than twenty (20) feet in depth. Vegetative
screening shall consist of a double staggered row of
evergreen trees planted fifteen (15) feet on center, en
or a double staggered row of evergreen shrubs planted
ten (10) feet on center. Alternate methods of vege-
tative screening may be approved by the agent. Where a
fence or wall is provided, it shall be a minimum of six
(6) feet in height and plantings may be required at
intervals along such fence or wall. (32.8.6.1,
7-10-85; Amended )
b. Screening of parking lots shall not be counted toward
the interior landscaping requirement. When screening
is required along the frontage of public streets, the
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agent shall determine if the street tree requirement
has been met. (32.8.6.2, 7-10-85)
C. Screening shall be required in the following instances:
1. Commercial and industrial uses shall be screened
from adjacent residential and rural areas dis-
tricts. (32.8.6.3.a, 7-10-85)
2. Parking lots consisting of four (4) spaces or more
shall be screened from adjacent residential and
rural areas districts. (32.8.6.3.b, 7-10-85;
Amended )
3. Objectionable features including, but not limited
to, the following uses shall be screened from
adjacent residential and rural areas districts and
public streets:
- loading areas
- refuse areas
- storage yards
- detention ponds
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February 24, 1987
Page 32
- recreational facilities determined to be of
objectionable character by the agent other than
1140, children's play areas where visibility is neces-
sary or passive recreation areas where visibility
is desirable. (32.8.6.3.c.5, 7-10-85; Amended )
4. Double frontage residential lots shall be screened
between the rear of the residences and the public
right-of-way when deemed appropriate by the agent.
(32.8.6.3.d, 7-10-85; Amended )
5. The commission may require screening of any use,
or portion thereof, upon determination that the
use would otherwise have a negative visual impact
on a property listed on the Virginia Historic
Landmarks Register. (32.8.6.3.f, 7-10-85; Amended
32.7.10 GENERAL
32.7.10.1 Condominium and common wall projects of all types shall
indicate on the site development plan those areas reserved
for rental purposes and those areas reserved for sale
purposes. (32.5.3, 1980; Amended )
32.7.10.2 One (1) set of approved plans, profiles and specifications
shall be at the site at all times when work is being per-
formed. (32.5.21, 1980)
32.7.10.3 Upon the completion of all required water, sewer and gas
lines shown on the approved site development plan, the
developer shall submit to the agent three (3) copies of the
completed record or as -built site development plan or
location plat for all water, sewer, gas lines and easements
certified by an engineer or surveyor. The record or
as -built utility plan shall be submitted at least one (1)
week prior to the anticipated occupancy of any building or
block of buildings for the review and approval by the agent
for conformity with the approved site development plan, this
ordinance and regulations of Albemarle County and state
agencies. (32.5.22, 1980; Amended )
The motion for approval passed unanimously.
There being no further business, the meeting adjourned at 7:50 p.m.
DS
John Horne, Secretary
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