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Home My WebLink AboutLOD202200001 Letter of Determination 2022-01-28��pp At 401 McIntire Road, North Wing Charlottesville, VA 22902-4579 Count of Albemarle p r y Telephone: 434-296-5832 m COMMUNITY DEVELOPMENT DEPARTMENT WWW.ALBEMARLE.ORG January 28, 2022 Stuart Carwile 2072 White Hall Road Crozet, VA 22932 RE: LOD2022-00001 — Determination regarding various complaints regarding noise from agricultural activities at Henley Orchard (Tax Map 40 Parcel 9). Dear Mr. Carwile: This letter responds to your multiple complaints regarding noise from agricultural activities at Henley Orchard. In response to multiple complaints and per County Code Section 7-106 and Zoning Ordinance Section 4.18.05, the following determination is made regarding noise from agricultural activities at Henley Orchard. The County Code and Zoning Ordinance do regulate certain types of noise. I have included a copy of the regulations which would need to meet the applicable standards (County Code Chapter 7, Article 1, Noise and Chapter 18 Zoning, Section 4.18 Noise). An agricultural activity as defined in the Albemarle County Zoning Ordinance Section 3.1 is as follows: Zoning Ordinance Section 3.1 Agricultural activity" means the bona fide production or harvesting of agricultural products as defined in section 3.2-6400 of the Code of Virginia including tilling soil for raising crops; operating agricultural industries or businesses, including, but not limited to, orchards, fruit packing plants, dairies, nurseries, farm sales, farm stands and farmers' markets; or any combination of the foregoing activities but does not include the above ground application or storage of sewage sludge, or the storage or disposal of non-agricultural excavation material, waste and debris if the excavation material, waste and debris are not generated on the farm, subject to the provisions of the Virginia Waste Management Act. The sounds identified at the Henley Orchard are sounds that arise from an agricultural activity. They include but are not limited to; sounds from a chiller fan, farm equipment, fruit processing equipment, and other certain types of noise listed in County Code Chapter 7, Article 1, Noise and Chapter 18 Zoning, Section 4.18 Noise. Sounds that are produced by an agricultural activity are exempt per County Code Section 7-106 and Zoning Ordinance Section 4.18.05 (see below). County Code Section 7-106 - Exempt sounds. The following sounds are not prohibited by this article: Agricultural activities. Sound produced by an agricultural activity. Zoning Ordinance Section 4.18.05 - Exempt sounds. The following sounds shall not be subject to this section 4.18: Agricultural activities. Sound produced by an agricultural activity. The Code of Virginia sections § 15.2-2288.6. Agricultural operations; local regulation of certain activities, § 3.2-300. Definitions and § 3.2-6400. Definitions have been included with this determination for your reference. It has been determined that sounds that arise from the agricultural activities at Henley Orchard are exempt sounds. These sounds include but are not limited to; sounds from a chiller fan, farm equipment, fruit processing equipment, and certain other types of noise as listed in County Code Chapter 7, Article 1, Noise and Chapter 18 Zoning, Section 4.18 Noise. You have a right to appeal this determination within thirty (30) days of this notice, in accordance with Virginia Code § 15.2- 2311. This determination shall be final and unappealable if not appealed within 30 days. An appeal may be taken only by filing an appeal application with the Zoning Administrator and the Board of Zoning Appeals, in accordance with Albemarle County Code § 18-34.3, along with a fee of $295.36. This fee includes the $284 January 28, 2022 LOD2022-00001 Page 2 application fee and the 4% Technology surcharge of $11.36. Additionally, a separate fee of $448 is required for the cost of providing notice and advertising the appeal for a public hearing. Applications for Appeal of the Zoning Administrator's Determination are available at the Community Development Department office located at 401 McIntire Road, Charlottesville, Virginia 22902 or online HERE https://www.abemarle.or, government/community develooment/aooly for/letter-of determination -or -zoning -compliance. This form applies to the appeal of a decision of the Zoning Administrator or any other administrative officer pertaining to the Zoning Ordinance. Regulations pertaining to filing an appeal to the Board of Zoning Appeals are located in Chapter 18, Section 34.3 of the Zoning Ordinance and may be reviewed HERE. https:Hlibrary.municode.com/va/albemarle_county/codes/code_of_ordi nances?nodeld=CH 18ZO_ARTI V PR_S34BOZOAP _S34.3APORREDEDEBOZOAP Sincerely, Bart J. Svoboda Zoning Administrator County of Albemarle, Virginia CC: Attachments: Henley Orchards, 2192 Holly Hill Farm, Crozet, VA 22932, CoVA 15.2-2288.6 Supervisor Ann Mallek, White Hall District, CoVA 3.2-6400 Captain Darrell Byers, Operational Support Division Commander ACPD CoVA 3.2-300 Zoning Ordinance Section 3.1 - Definitions. Agricultural activity. "Agricultural activity" means the bona fide production or harvesting of agricultural products as defined in section 3.2-6400 of the Code of Virginia including tilling soil for raising crops; operating agricultural industries or businesses, including, but not limited to, orchards, fruit packing plants, dairies, nurseries, farm sales, farm stands and farmers' markets; or any combination of the foregoing activities but does not include the above ground application or storage of sewage sludge, or the storage or disposal of non-agricultural excavation material, waste and debris if the excavation material, waste and debris are not generated on the farm, subject to the provisions of the Virginia Waste Management Act. Agricultural operation. "Agricultural operation" means any operation devoted to the bona fide production of crops, or animals, or fowl, including the production of fruits and vegetables of all kinds; meat, dairy, and poultry products; nuts, tobacco, nursery, and floral products; and the production and harvest of products from silviculture activity. This term includes aquaculture and plant nurseries. Agriculture. "Agriculture" means an agricultural operation, the keeping of livestock or poultry, or both, regardless of whether the keeping of livestock or poultry qualifies as an agricultural operation. The term includes accessory processing facilities for agricultural products grown or raised solely on the farm on which the agriculture is located, such as fruit packing plants and dairies. The term does not include any processing facilities permitted only by special use permit. County Code Section 7-106 - Exemot sounds. The following sounds are not prohibited by this article: Agricultural activities. Sound produced by an agricultural activity. Zoning Ordinance Section 4.18.05 - Exempt sounds. The following sounds shall not be subject to this section 4.18: Agricultural activities. Sound produced by an agricultural activity.