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HomeMy WebLinkAboutSTA200700002 Legacy Document 2012-08-14,Dente. ,>t �rL COUNTY OF ALBEtIARLE Department of Community Development 401 McIntire Road. Room 227 Charlottesville, Virginia 22902-4596 Phone (434) 296-5832 Fax (434) 972-4012 TO: File / �1 FROM: Wayne Cilimberg, Director of Planning DATE: March 7, 2008 �Jv� RE: WPTA2007-00001 (Water Protection Text Amendment) & ZTA2007-00003 (Zoning Text Amendment) & STA2007-00002 (Subdivision Text Amendment) The Albemarle County Board of Supervisors, at its meeting on February 6, 2008, by a vote of 4:2, adopted the above -noted Water Protection Text Amendment, Zoning Text Amendment and Subdivision Text Amendment. WC/SM ORDINANCE NO. 08-17(1) AN ORDINANCE TO AMEND CHAPTER 17, WATER PROTECTION, OF THE CODE OF THE COUNTY OF ALEMARLE, VIRGINIA, BY AMENDING ARTICLE I, GENERAL, ARTICLE II, EROSION AND SEDIMENT CONTROL, AND ARTICLE III, STORMWATER MANAGEMENT AND WATER QUALITY BE IT ORDAINED By the Board of Supervisors of the County of Albemarle, Virginia, that Chapter 17, Water Protection, Article I, General, Article II, Erosion and Sediment Control, and Article III, Stormwater management and water quality, are amended and reordained as follows: By Amending: Sec. 17-104 Definitions Sec. 17-200 Applicability Sec. 17-317 Duty to retain or establish stream buffer Sec. 17-321 Types of development which may be allowed in stream buffer by program authority Chapter 17. Water Protection Article I. General Sec. 17-104 Definitions. The following definitions shall apply in the interpretation and implementation of this chapter: (32) Perennial stream. The term "perennial stream" means any stream that is depicted as a continuous blue line on the most recent United States Geological Survey 7.5 minute topographic quadrangle maps (scale 1:24,000) or which is determined by the program authority to be perennial following a site-specific evaluation using the guidance entitled "Determinations of Water Bodies with Perennial Flow," dated September 2003, issued by the Chesapeake Bay Local Assistance Department. This definition shall not apply to streams within a development area or area of infill and redevelopment that have been piped or converted legally and intentionally into stormwater conveyance channels such that the stream does not resemble or maintain the characteristics of a natural stream channel, as determined by the program authority. Article 11. Erosion and Sediment Control Sec. 17-200 Applicability. This article shall apply to any land disturbing activity as provided herein: A. Except as provided in paragraph (B), each owner shall comply with the requirements of this article: 1. prior to engaging in any land disturbing activity, or allowing any land disturbing activity to occur, on his property; 2. at all times during such land disturbing activity until it is completed, including all times when the land disturbing activity is performed by a contractor engaged in construction work; 3. when notified by the program authority that an erosion impact area exists on his land, and the notice requires the owner to submit an erosion and sediment control plan in order to control erosion and sedimentation; and 4. for the prior construction of an agricultural road, when the owner submits a preliminary or final plat, preliminary or final site plan, an application for a zoning map amendment to a non-agricultural zoning district, or an application for a special use permit for a use or activity not directly related to agriculture for the lot on which the agricultural road is located or serves, if both: (i) the plat; plan or application was submitted within twenty-four (24) months after construction of the agricultural road began; and (ii) the program authority determines that the dimensions and alignment of the agricultural road substantially correspond to the dimensions and alignment of a road proposed on the plat, plan or any document submitted as part of an application. B. This article shall not apply to the following activities: individual home gardens, landscaping, repair and maintenance work; individual service connections; 3. installation, maintenance, or repair of any underground public utility lines when such activity occurs on an existing hard -surfaced road, street or sidewalk; provided that the land disturbing activity is confined to the area of the road, street or sidewalk which is hard surfaced; 4. septic tank lines or drainage fields, unless included in an overall plan for land disturbing activity relating to construction of the building to be served by the septic tank system; surface or deep mining; 6. exploration or drilling for oil and gas, including the well site, roads, feeder lines and off-site disposal areas; 7. tilling, planting or harvesting of agricultural, horticultural or forest crops, livestock feed operations or products, or related engineering operations including, but not limited to, construction of terraces, terrace outlets, check dams, desilting basins, dikes, ponds, ditches, strip cropping, lister furrowing, contour cultivating, contour furrowing, land drainage and land irrigation. This exception shall not apply to: (i) the harvesting of forest crops unless the area on which harvesting occurs is reforested artificially or naturally in accordance with the provisions of Virginia Code §§ 10.1-1100 et seq. or is converted to bona fide agricultural or improved pasture uses as described in Virginia Code § 10.1- 1163(B), in which case such person shall comply with the provisions of this article when grading, excavating, or filling; (ii) a land disturbing activity related to the construction of farm structures, including but not limited to agricultural structures or roads not associated with tilling, planting and harvesting; and (iii) the construction of roads other than agricultural roads; 8. the construction of agricultural roads, except as provided in paragraph (A)(4); 9. repair or rebuilding of the tracks, right-of-way, bridges, communication facilities and other related structures and facilities of a railroad company; 10. installation of fence and sign posts or telephone and electric poles and other kinds of posts or poles; and 11. emergency work to protect life, limb or property, and emergency repairs; provided that if the land disturbing activity would have required an approved erosion and sediment control plan if the activity was not an emergency, the land area shall be shaped and stabilized in accordance with the requirements of the program authority. C. Any activity that is otherwise exempt from this article under paragraph (B) shall become subject to this article if the program administrator determines that an erosion impact area exists on the subject property as provided in section 17-202. (§ 7-31 6-18-75, § 51 2-11-76, 4-21-76, 2-11-87, 3-18-92, § 19.3-8, 2-11-98, Code 1988, §§ 7-3, 19.3-8; Ord. 98-A(1), 8-5-98; Ord. 08-17(1), 2-6-08) State law reference--Va. Code §§ 10.1-560, 10.1-562, 10.1-563. Article III. Stormwater management and water quality Sec. 17-317 Duty to retain or establish stream buffer. Except as provided in section 17-319, any land subject to this article and each stormwater management/BMP plan shall provide for stream buffers for the purposes of retarding runoff, preventing erosion, filtering nonpoint source pollution from runoff, moderating stream temperature, and providing for the ecological integrity of stream corridors and networks, as provided herein: A. If the development is located within a development area or an area of infill and redevelopment, stream buffers shall be retained if present and established where they do not exist on any lands subject to this article containing perennial streams, and/or nontidal wetlands contiguous to these streams. The stream buffer shall be no less than one hundred (100) feet wide on each side of such perennial streams and contiguous nontidal wetlands, measured horizontally from the edge of the nontidal wetlands, or the top of the stream bank if no wetlands exist. B. If the development is located within a water supply protection area or other rural land, stream buffers shall be retained if present and established where they do not exist on any lands subject to this article containing perennial or intermittent streams, nontidal wetlands contiguous to these streams, and flood plains. The stream buffer shall extend to whichever of the following is wider: (i) one hundred (100) feet on each side of perennial or intermittent streams and contiguous nontidal wetlands, measured horizontally from the edge of the nontidal wetlands, or the top of the stream bank if no wetlands exist; or (ii) the limits of the flood plain. The stream buffer shall be no less than two hundred (200) horizontal feet wide from the flood plain of any public water supply impoundment. C. On agricultural lands used for crop land, whether located in a development area, an area of infill and redevelopment, a water supply protection area or other rural land, the stream buffer shall include all perennial streams, non -tidal wetlands contiguous with these streams, and a twenty-five (25) foot buffer, measured horizontally from the edge of contiguous non -tidal wetlands, or the top of the stream bank if no wetlands exist. On these lands, the stream buffer shall be managed to prevent concentrated flows of surface water from breaching the buffer area. Each owner of crop land with a stream buffer shall have developed by the Thomas Jefferson Soil and Water Conservation District a soil and water conservation plan, or a component thereof, which, shall be based on an assessment of existing conservation practices of the crop land. D. Each stream buffer shall be maintained and incorporated into the design of the land development to the fullest extent possible. E. Except for the activities pertaining to the management of a stream buffer identified in section 17-318, the types of development authorized in a stream buffer identified in section 17-320, and the additional types of development which may be allowed in a stream buffer identified in section 17-321, no indigenous vegetation within the stream buffer shall be disturbed or removed, regardless of the size of the area affected. (§ 19.3-41, 2-11-98; § 19.2-8, 6-19-91, Code 1988, §§ 19.2-8, 19.3-41; Ord. 98-A(1), 8-5-98; Ord. 08-17(1), 2-6-08) State law reference--Va. Code § 10.1-2108. Sec. 17-321 Types of development which may be allowed in stream buffer by program authority. Development in a stream buffer may be authorized by the program authority in the circumstances described below, provided that a mitigation plan is submitted to, and approved, by the program authority pursuant to section 17-322: 1. on a lot which is located within a development area but is not within a water supply protection area: within the fifty (50) horizontal feet of stream buffer that is the most landward (furthest from the stream); 2. on a lot which is located within a water supply protection area or other rural land: within the fifty (50) horizontal feet of stream buffer that is the most landward, but only for stormwater conveyance channels or other necessary infrastructure, and only if such development is determined by the program authority to be necessary to allow a reasonable use of the lot. In all cases under this paragraph, the building site and the sewage disposal system shall be located outside of the stream buffer: 3, on a lot on which the development in the stream buffer will consist of a lake, pond, or ecological/wetland restoration project; 4. on a lot on which the development in the stream buffer will consist of the construction and maintenance of a driveway or roadway, and the program authority determines that the stream buffer would prohibit reasonable access to a portion of the lot which is necessary for the owner to have a reasonable use of the lot; 5. on a lot which was of record prior to the date of adoption of this chapter, on which the development in the stream buffer will consist of the construction, installation and maintenance of water and sewer facilities or sewage disposal systems, and the program authority determines that the stream buffer would prohibit the practicable development of such facilities or systems. Any such sewage disposal system must comply with all applicable state laws; and 6. on a lot which was of record prior to the date of adoption of this chapter, if the stream buffer would result in the loss of a building site, and there are no other available building sites outside the stream buffer on the lot, or to allow redevelopment as permitted in the underlying zoning district. (§ 19.3-45, 2-11-98; § 19.2-8, 6-19-91, § 8, Code 1988, §§ 19.2-8, 19.3-45; Ord. 98-A(1), 8-5-98; Ord. 08- 17(1), 2-6-08) State law reference--Va. Code § 10.1-2108. This ordinance shall be effective on and after February 6, 2008 provided, however, that any subdivision plat, site plan or application for a building permit submitted on or before February 5, 2008, and approved on or before June 6, 2008, may be approved under the applicable regulations in effect on February 5, 2008. ORDINANCE NO. 08-18(1) AN ORDINANCE TO AMEND CHAPTER 18, ZONING, ARTICLE II, BASIC REGULATIONS, OF THE CODE OF THE COUNTY OF ALBEMARLE, VIRGINIA BE IT ORDAINED By the Board of Supervisors of the County of Albemarle, Virginia, that Chapter 18, Zoning, Article II, Basic Regulations, is hereby amended and reordained as follows: By Amending: Sec. 4.6.6 Lot access requirements Chapter 18. Zoning Article 2. Basic Regulations Sec. 4.6.6 Lot access requirements Vehicular access on a lot shall be provided as follows: In all zoning districts, a structure requiring a permit under the Uniform Statewide Building Code may be established only on a lot having frontage on a public or private street as authorized by the subdivision ordinance, except that this requirement shall not apply to lots lacking such frontage on the effective date of this chapter. In the rural areas zoning district, in addition to the requirements in subsection (a) and in order to provide public safety vehicles with safe and reasonable access to a new dwelling unit on a lot, each driveway that will serve a new dwelling unit: (1) shall not exceed a sixteen (16) percent grade; (2) shall have a travelway that is at least ten (10) feet in width; (3) shall extend to within fifty (50) feet of each dwelling unit on the lot; and (4) shall include a rectangular zone superjacent to the driveway that is clear of all obstructions, including any structures and vegetation, that is at least ten (10) feet in width and fourteen (14) feet in height. The landowner shall demonstrate to the satisfaction of the county engineer that the driveway will meet the requirements of this subsection before a building permit is issued. Notwithstanding the requirements of subsection (b), the county engineer, with the recommendation of the fire marshal, may authorize a driveway having a grade that exceeds sixteen (16) percent if the landowner demonstrates to the satisfaction of the county engineer and the fire marshal that public safety vehicles would be able to access the dwelling unit even though the grade may exceed sixteen (16) percent. In considering a waiver request, the county engineer and the fire marshal shall consider: (1) the length of the segment of the driveway that would exceed sixteen (16) percent; (2) whether the segment that would exceed sixteen (16) percent would require the public safety vehicle to travel uphill towards the dwelling unit; (3) whether fire suppression equipment such as sprinklers would be installed within the dwelling unit; and (4) whether the dwelling unit is within fifty (50) feet of a public or private street. In authorizing such a grade, the county engineer may impose reasonable conditions to assure that the public safety vehicles may access the dwelling unit including, but not limited to, a condition limiting the maximum length any segment of the driveway may exceed sixteen (16) percent. The landowner may appeal the disapproval of a waiver under subsection (c), or the approval of a waiver with conditions objectionable to the landowner, to the commission. The appeal shall be in writing and be filed with the department of community development within ten (10) days after the date of the county engineer's and the fire marshal's decision. In reviewing a waiver request, the commission may approve or disapprove the waiver based upon the applicable factors in subsection (c); amend any condition imposed by the county engineer and fire marshal, and impose any conditions it deems necessary to assure that public safety vehicles may access the dwelling unit. In so doing, the commission shall give due consideration to the recommendations of the county engineer and the fire marshal. In addition, the commission may consider such other evidence as it deems necessary for a proper review of the waiver request. The landowner may appeal the decision of the commission to the board of supervisors under the same procedure and subject to the same standards as an appeal to the commission set forth herein. d. Any lot which was lawfully a lot of record on the effective date of subsection (b) shall be exempt from the requirements of that subsection for the establishment of the first single-family detached dwelling unit on the lot if the county engineer determines that those requirements would prohibit the practicable development of the lot for that first single-family detached dwelling unit. (§ 4.6.6, 12-10-80; 5-21-86; Ord. 98-A(1), 8-5-98; Ord. 08-18(l), 2-6-08) This ordinance shall be effective on and after February 6, 2008 provided, however, that any application for a building permit submitted on or before February 5, 2008, and approved on or before June 6, 2008, may be approved under the applicable regulations in effect on February 5, 2008. ORDINANCE NO. 08-14(1) AN ORDINANCE TO AMEND CHAPTER 14, SUBDIVISION OF LAND, AND ARTICLE 11, ADMINISTRATION AND PROCEDURE, OF THE CODE OF THE COUNTY OF ALBEMARLE, VIRGINIA BE IT ORDAINED By the Board of Supervisors of the County of Albemarle, Virginia, that Chapter 14, Subdivision of Land, and Article II, Administration and Procedure, is hereby amended and reordained as follows: By Amending: Sec. 14-212 Family subdivisions; conditions of approval Sec. 14-302 Contents of preliminary plat Chapter 14. Subdivision of Land Article 11. Administration and Procedure Division 3. Procedures for Rural Subdivisions, Family Subdivisions, Boundary Line Adjustments, Vacations and Easement Plats Sec. 14-212 Family subdivisions; conditions of approval Each approval of a plat for a family subdivision shall be subject to the following conditions: A. No lot may be created by family subdivision unless it has been owned by the current owner or a member of his or her immediate family for at least four (4) consecutive years immediately preceding the date the family subdivision plat is submitted under section 14-210. B. No lot created by the family subdivision, including the residue, may be transferred, except by devise, descent or operation of law, to a person other than an eligible member of the immediate family of the subdivider, for a period of four (4) years after the date of recordation of the plat, except for purposes of securing any purchase money and/or construction loan, including a bona fide refinancing, or if the lending institution requires in writing that the spouse of the member of the immediate family be a co - grantee and co-owner of the lot. The subdivider shall place a restrictive covenant on the lots created by the family subdivision prohibiting the transfer of the lots so created to a person who is not a member of the immediate family for the retention period after the date of recordation. The restrictive covenant shall be subject to review and approval by the county attorney before it is recorded. If the lot created is conveyed back to the grantor during the retention period, it shall be recombined with the parent lot within six (6) months after such conveyance and no building permits shall be issued for the lots until they are recombined. C. The entrance of the principal means of access for each lot onto any public street shall comply with Virginia Department of Transportation standards and be approved by the Virginia Department of Transportation. D. The following note shall be added to each plat for a family subdivision: "No lot shown on this family subdivision plat may be sold or conveyed to a person other than an eligible 'member of the immediate family:' as that term is defined in Chapter 14 of the Albemarle County Code, for a period of four (4) years after the date of recordation of this plat except as authorized by section 14-212(A) of the Albemarle County Code. If any lot created by the recordation of this plat is conveyed back to the grantor during the four (4) year period, it shall be recombined with the parent lot within six (6) months after such conveyance." (9-5-96, 1-3-96, 4-13-88, 12-21-83, 10-17-79, 8-28-74, 1988 Code, § 18-57; Ord. 98-A(1), 7-15-98; Ord. 05-14(1), 4-20-05, effective 6-20-05, Ord. 08-14(1), 2-6-08) State law reference--Va. Code §§ 15.2-2244(C), 152-2244.1. Article Ill. Subdivision Plat Requirements and Documents to be Submitted Division 1. Plat Requirements 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(8): 1. !Name of subdivision. The title under which the subdivision is proposed to be recorded. The title shall not duplicate or be a homonym of an existing or reserved subdivision name within the county, the City of Charlottesville, or the Town of Scottsville, except if the subdivision is an extension of an existing subdivision. 2. Vicinity map. A map at a scale of one (1) inch equal to two thousand (2,000) feet showing the property and its relationship with adjoining land and streets, its relationship with landmarks in the area and, if the subdivision is a phased subdivision, all other phases of the subdivision for which a final plat has been approved, in detail adequate to describe the location of the property without field review. 3. Existing or platted streets. The location, width and names of all existing or platted streets and all other rights-of-way. 4. Private easements. The location and dimensions of all existing and proposed private easements. Existing easements shall be labeled with the deed book and page number and the name of the owner of record. 5. Public easements. The location and dimensions of all existing and proposed public easements outside of a street right-of-way. Existing easements shall be labeled with the deed book and page number and the name of the public owner of record. Proposed easements shall be labeled as "dedicated to public use." 6. Alleys and shared driveways. The location and dimensions of all easements for alleys and shared driveways. 7. Existing and departing lot lines. If the property consists of more than one existing lot, then the identification of the existing lots and their outlines, which shall be indicated by dashed lines; and, the location of departing lot lines of abutting lots. 8. Proposed lots. The number, approximate dimensions, and area of each proposed lot 9. Building sites on proposed lots. The location, area and dimensions of a building site on each proposed lot complying with the requirements of section 4.2 of the zoning ordinance. The plat shall also contain the following note: "Parcel [letter or number] and the residue of Tax Map/Parcel [numbers] each contain a building site that complies with section 4.2.1 of the Albemarle County Zoning Ordinance" 10. Right of further division of proposed lots. The number of lots, as assigned by the subdivider, into which each proposed lot may be further divided by right pursuant to section 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." 11. Instrument creating property proposed for subdivision. The deed book and page number of the instrument whereby the property was created, as recorded in the office of the clerk of the circuit court of the county. 12. Topography. Existing topography at the time of plat submittal at up to twenty [20] percent slope, with a contour interval that is not greater than the interval on aerial topography available from the county. The source of topography, including survey date and name of the licensed professional or a statement that topography data provided by the county was used. Proposed grading, with a contour interval equal to the intervals of the existing topography, supplemented where necessary by spot elevations; areas of the site where existing slopes are twenty-five (25) percent or greater. Existing topography for the entire site with sufficient offsite topography to describe prominent and pertinent offsite features and physical characteristics, but in no case less than fifty (50) feet outside of the site unless otherwise approved by the agent. For property in the rural areas zoning district, the proposed grading shall show all grading on each proposed lot, including access, clearing and all other lot improvements. 13. Proposed facilities. The location of proposed water and sewer lines and related improvements; proposed drainage and stormwater management facilities and related improvements. 14. Land to be dedicated in fee or reserved. The location, acreage, and current owner of all land intended to be dedicated in fee or reserved for public use, or to be reserved in a deed for the common use of lot owners in the subdivision. 15. Identification of all owners and certain interest holders. The names and addresses of each owner of record and holders of any easements affecting the property. B. A preliminary plat shall also contain the following information, provided that the preliminary plat shall not be deemed incomplete for purposes of section 14-216(B) if it does not include this information in the initial plat submittal: 1. General information. The date of drawing, including the date of the last revision, the number of sheets, the north point, and the scale. If true north is used, the method of determination shall be shown. 2. Name of plat preparer. The name of the person who prepared the plat. 3. Public areas, facilities or uses. The location of all areas shown in the comprehensive plan as proposed sites for public areas, facilities or uses, as described in Virginia Code § 15.2-2232, which are located wholly or in part within the property. 4. Places of burial. The location of any grave, object or structure marking a place of burial located on the property. 5. Zoning classification. The zoning classification of the property, including all applicable zoning overlay districts, proffers, special use permits and variances. 6. Tax map and parcel number. The county tax map and parcel number of the property. 7. Reservoir watershed; agricultural -forestal district. A notation as to whether the land is within an Albemarle County and/or City of Charlottesville water supply watershed or an agricultural -forestal district. 8. Yards. The location of all yards required by this chapter and the zoning ordinance, which may be shown graphically or described in a note on the plat. 9. Flood plain. The location of any part of the property within the flood hazard overlay district, as set forth in section 30.3 of the zoning ordinance. 10. Stream buffers. The location of stream buffers required by section 17-317 of the water protection ordinance, with the following note: 'The stream buffer(s) shown hereon shall be managed in accordance with the Albemarle County Water Protection Ordinance." (9-5-96, 2-4-81, 8-28-74; 1988 Code, § 18-52; Ord. 98-A(1), 8-5-98; Ord. 05-14(1), 4-20-05, effective 6- 20-05; Ord. 08-14(1), 2-6-08) State law reference--Va. Code §§ 15.2-2241(1), 15.2-2258, 15.2-2262. This ordinance shall be effective on and after February 6, 2008 provided, however, that any subdivision plat submitted on or before February 5, 2008, and approved on or before June 6, 2008, may be approved under the applicable regulations in effect on February 5. 2008.