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Home My WebLink AboutSTA201100001 Legacy Document 2012-06-26 (2)COUNTY OF ALBEMARLE Department of Community Development 401 McIntire Road, Room 227 Charlottesville, Virginia 22902-4596 Phone (434) 296-5832 Fax (434) 972-4012 MEMORANDUM TO: File FROM: Amelia McCulley, Director of Zoning DATE: June 10, 2011 RE: STA -2011-00001. Special Lots The Albemarle County Board of Supervisors, at its meeting on June 1, 2011, by a vote of 6:0, recommended approval of the above -noted Subdivision Text Amendment. ORDINANCE NO. 11-14(1) AN ORDINANCE TO AMEND CHAPTER 14, SUBDIVISION OF LAND, ARTICLE I, GENERAL PROVISIONS, AND ARTICLE III, SUBDIVISION PLAT REQUIREMENTS AND DOCUMENTS TO BE SUBMITTED, OF THE CODE OF THE COUNTY OF ALBEMARLE, VIRGINIA BE IT ORDAINED By the Board of Supervisors of the County of Albemarle, Virginia, that Chapter 14, Subdivision of Land, Article I, General Provisions, and Article III, Subdivision Plat Requirements and Documents to be Submitted, are hereby amended and reordained as follows: By Amending: Sec. 14-106 Definitions Sec. 14-203 Fees Sec. 14-209 Rural subdivisions Sec. 14-302 Contents of preliminary plat Sec. 14-303 Contents of final plat Sec. 14-310 Health director approval of individual private wells and/or septic systems By Adding: Sec. 14-208.3 Plats creating special lots Chapter 14. Subdivision of Land Article I. General Provisions Sec. 14-106 Definitions The following definitions shall apply in the interpretation and enforcement of this chapter: Special lot: The term "special lot" means a lot created to be used exclusively for public or private streets, railroad rights-of-way and railroad lines, public utilities, publicly owned or operated public facilities, publicly owned or operated parks, publicly or privately owned sites for personal wireless service facilities, central water supplies and central sewerage systems as those terms are defined in chapter 16, stormwater management facilities, cemeteries existing on June 8, 2011, conservation areas, preservation areas, open space, and greenways. Remnant. The term "remnant" means any lot, other than one established as a special lot, which does not meet the minimum lot requirements of this chapter and the zoning ordinance. (§ 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) State law reference--Va. Code § 15.2-2252. 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. The fee shall be in the form of cash or a check payable to the "County of Albemarle." C. Other subdivision plats: 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. (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) State law reference--Va. Code § 15.2-2241(9). Sec. 14-208.3 Subdivision creating a special lot and one residue lot The following sections of this chapter shall apply to each subdivision creating one or more special lots 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 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), 14-302(8)(1), (2), (4), (5), (6), (7), (8), (9) and (10), 14-303(A), (B), (C), (D), (E), (F), (H), (1), (L), (0) and (P), 14-304, 14-305(8), 14-310, 14-312, 14-314 and 14-316. D. On-site improvements and design: Sections 14-406, 14-414, 14-416, 14-421, 14-426, 14- 427, 14-433 and 14-438. Sec. 14-209 Rural subdivisions and subdivisions creating a special lot and one residue lot; procedure. Each plat for a rural subdivision or a subdivision creating one or more special lots and one residue lot 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. (§ 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) State law reference--Va. Code §§ 15.2-2241(9), 15.2-2258. Article III. Subdivision Plat Requirements and Documents to be Submitted Sec. 14-302 Contents of preliminary plat A preliminary plat shall contain the following information: A. A preliminary plat shall contain the following information, which must be included in order for a preliminary plat to be deemed complete under section 14-216(6): 10. Right of further division of proposed lots. The number of lots, as assigned by the subdivider, into which each proposed lot may be further divided by right pursuant to section 10.3.1 of the zoning ordinance, if applicable. The plat shall also contain the following note: "Parcel [letter or number] is assigned [number] development rights and may/may not be further divided and when further divided these rights shall not comprise more than [number] acres. The residue of Tax Map/Parcel [numbers] is retaining [number] development rights and when further divided it shall not consist of more than [number] acres." Development rights need not be assigned to a special lot. (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) 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: 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) State law reference--Va. Code §§ 15.2-2241(1), 15.2-2262, 15.2-2264. Sec. 14-310 Health director approval of individual private wells and/or septic systems. If required as a condition of final plat approval, a final plat shall not be approved if individual private wells are proposed for the subdivision until written approval has been received from the health director by the agent. A final plat shall not be approved if septic systems are proposed for the subdivision until written approval has been received from the health director by the agent as follows: A. The health director shall determine the suitability of the soil of each lot of the subdivision for which septic systems with a conventional drain field will be constructed, and shall submit his opinion to the agent. B. The health director may require as a condition of his approval of the installation of septic systems and, whenever necessary for the satisfactory installation of the septic systems, that individual lots be graded and drained so as to assure the effective removal of surface water from each lot. C. Special lots shall not be subject to this section unless the special lot is created for a water supply or waste disposal purpose. (Ord. 98-A(1), 8-5-98; Ord. 05-14(1), 4-20-05, effective 6-20-05) State law reference--Va. Code §§ 15.2-2242(2), 15.2-2262.