HomeMy WebLinkAboutZTA201200012 Ordinance 1.16.14Draft: 01/16/14
ORDINANCE NO. 14 -14( )
AN ORDINANCE TO AMEND CHAPTER 14, SUBDIVISION OF LAND, ARTICLE II
ADMINISTRATION AND PROCEDURE, ARTICLE III, SUBDIVISION PLAT REQUIREMENTS
AND DOCUMENTS TO BE SUBMITTED, AND ARTICLE IV, ON -SITE IMPROVEMENTS AND
DESIGN, OF THE CODE OF THE COUNTY OF ALBEMARLE, VIRGINIA
BE IT ORDAINED By the Board of Supervisors of the County of Albemarle, Virginia, that Chapter 14,
Subdivision of Land, Article II, Administration and Procedure, Article 111, Subdivision Plat
Requirements, and Article IV, On -Site Improvements and Design, are hereby amended and reordained as
follows:
By Amending:
Sec. 14 -216
Contents of preapplication schematic plat
Sec. 14 -302
Contents of preliminary plat
Sec. 14 -404
Lot location to allow access from lot onto street or shared driveway
Sec. 14 -410
Standards for all streets and alleys
Sec. 14 -420
Location of utilities above- and underground
Sec. 14 -422
Sidewalks and planting strips
By Amending and Renaming:
Sec. 14 -304 Request to disturb eFitiea1 stem slopes
Chapter 14
Subdivision of Land
Article II. Administration and Procedure
Sec. 14 -216 Contents of preapplication schematic plat.
Each preapplication schematic plat shall contain the following information:
D. Topography and proposed grading. Existing topography (up to twenty [20] percent slope,
maximum five [5] foot contours, over twenty [20] percent slope, maximum ten [10] foot contours) for the
entire site with sufficient offsite topography to describe prominent and pertinent offsite features and
physical characteristics, but in no case less than fifty (50) feet outside of the site unless otherwise
approved by the agent; proposed grading (maximum five [5] foot contours) supplemented where
necessary by spot elevations; areas of the site where existing slopes are er-itie-al stem slopes.
(Ord. 13- 14(1), 12 -4 -13, effective 1 -1 -14)
State law reference — Va. Code §§ 15.2-2241(9),15.2-2255, 15.2 -2258, 15.2- 2286(A)(8).
Draft: 01/16/14
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 -218:
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 stem
slopes. 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.
(8- 28 -74; 2 -4 -81; § 18 -52, 9 -5 -96; § 14 -302, Ord. 98 -A(1), 8 -5 -98; Ord. 05- 14(1), 4- 20 -05, effective 6-
20-05; Ord. 08- 14(1), 2 -6 -08; Ord. 11- 14(1), 6 -1 -11; Ord. 13- 14(1), 12 -4 -13, effective 1 -1 -14)
State law reference -Na. Code §§ 15.2- 2241(1), 15.2 -2258, 15.2 -2262.
Sec. 14 -304 Request to disturb MUM M A= slopes.
If the proposed subdivision will require the distu,.,.anee of itie 1 disturbing steer) teer) slopes, the
subdivider shall submit with each preliminary plat, or if none, with each final plat, a written request or
application under the applicable sections of the zoning ordinance.
(Ord. 05- 14(1), 4- 20 -05, effective 6- 20 -05; Ord. 13- 14(1), 12 -4 -13, effective 1 -1 -14)
State law reference -Na. Code §§ 15.2- 2241(9).
Article IV. On -site Improvements and Design
Sec. 14 -404 Lot location to allow access from lot onto street or shared driveway.
Each lot within a subdivision shall be located as follows:
A. Single point of access required. Each lot, other than a corner lot within the development
areas, shall have reasonable access to the building site from only one street, shared driveway or alley
established at the same time as the subdivision; provided that, if the subdivision is in the rural areas, each
lot created from the subsequent division of any lot within the subdivision shall enter only onto such
street(s) established at the same time as the original subdivision and shall have no immediate access onto
any other public street.
W
Draft: 01/16/14
B. Conditions when single point of access not required. Notwithstanding subsection (A), a
lot may be located so that it has reasonable access to the building site from a public street abutting the
subdivision if: (i) the agent approves a variation or exception under subsection (ED) and section 14-
203.1; (ii) the subdivider obtains an entrance permit from the Virginia Department of Transportation for
the access; (iii) the entrance complies with the design standards set forth in sections 14- 410(F) and 14-
410(G); and (iv) the subdivider demonstrates to the agent prior to approval of the final plat that the
variation or exception does not violate any covenants to be recorded for the subdivision.
C. Lots exempt from requirements of subsections (A) and (B). The requirements of
subsections (A) and (B) shall not apply to the subdivision of a parcel where two (2) or more dwellings
existed on the parcel on October 14, 2009 and one existing dwelling would be located on each lot created.
D. Standards for variation or exception. The requirements of subsection (A) may be varied
or excepted by the agent as provided in section 14- 203.1. A request for a variation or exception may be
made prior to or with submittal of a preliminary or final plat, as follows:
1. Information to be submitted. A request shall include a justification for the
variation or exception and a conceptual plan. The conceptual plan shall: (i) be drawn at a scale no smaller
than one (1) inch equals two hundred (200) feet showing surveyed boundaries of the property or an
alternative scale approved by the agent; (ii) show the topography of the property at the best interval
available from the County including delineation of proposed building sites; (iii) show the locations of
streams, stream buffers, efifieA stem slopes, floodplains, and known wetlands; and (v) show the proposed
layout of lots, location of existing features such as buildings, fences, drainfields, existing driveways or
other access ways, or other significant features.
2. Consideration. In reviewing a request for a variation or exception and
determining whether the findings provided in section 14 -203.1 can be made, the agent shall consider
whether: (i) installing a single point of access would substantially impact environmental resources such as
streams, stream buffers, er-ifiea4 stem slopes, and floodplain; (ii) construction of a single point of access
would substantially impact features existing on the property prior to October 14, 2009; (iii) granting the
variation or exception would contribute to maintaining an agricultural or forestal use of the property; and
(iv) granting the a variation or exception would facilitate development of areas identified in the open
space plan as containing significant resources.
E. Terms defined. For purposes of this section, the term "reasonable access" means a
location for a driveway or, if a driveway location is not provided, a location for a suitable foot path from
the parking spaces required by the zoning ordinance to the building site; the term "within the subdivision'
means within the exterior boundary lines of the lands being divided.
((§ 14- 500(C): (§ 18- 29(part), 8- 28 -74; 9- 5 -96)(§ 18- 34(part), 8- 28 -74; 9- 5- 96); §§ 18 -29, 18 -34; § 14-
500; Ord. 98 -A1, 8 -5 -98; Ord. 02- 14(1), 2 -6 -02) ( §14 -505: (§ 18 -36 (part): 8- 38 -74; 9- 5 -96)(§ 18 -39
(part): 8- 28 -74; 5- 10 -77; 10- 19 -77; 9- 5 -96); §§ 18 -36, 18 -39; § 14 -505, Ord. 98 -A(1), 8- 5 -98); §§ 14-
500(C), 14 -505; § 14 -404, Ord. 05- 14(1), 4- 20 -05, effective 6- 20 -05; Ord. 09- 14(2), 10- 14 -09; Ord. 10-
14(1), 2- 10 -10; Ord. 13- 14(1), 12 -4 -13, effective 1 -1 -14)
State law reference -Na. Code §§ 15.2- 2241(5), 15.2- 2242(1).
Sec. 14 -410 Standards for all streets and alleys.
The following minimum design standards shall apply to all streets and alleys within a
Draft: 01/16/14
subdivision:
A. Layout. Each street shall be configured, to the extent practicable, to conform to the
natural topography, to minimize the disturbance of er- steep slopes and natural drainage areas, and to
provide vehicular and pedestrian interconnections within the subdivision and existing or future
development on adjoining lands, as provided in section 14 -409.
((§ 18 -37: 8- 28 -74; 3- 29 -78; 11- 21 -79; 9- 5 -96)(§ 18 -39 (part): 8- 28 -74; 5- 10 -77; 10- 19 -77; 9- 5 -96); §§
18 -37, 18 -39; § 14 -512, Ord. 98 -A(1), 8 -5 -98; Ord. 02- 14(1), 2 -6 -02, § 14 -410, Ord. 05- 14(1), 4- 20 -05,
effective 6- 20 -05; Ord. 13- 14(1), 12 -4 -13, effective 1 -1 -14)
State law reference -Na. Code §§ 15.2- 2241(4), 15.2- 2242(1), 15.2- 2242(3).
Sec. 14 -420 Location of utilities above- and underground.
All utilities, including but not limited to wires, cables, pipes, conduits and appurtenant equipment
for electricity, gas, water, sewer, telephone or similar service, shall be located within a subdivision as
follows:
A. Each utility shall be located, to the extent practicable, in a manner that conforms to the
natural topography, minimizes the disturbance of ell steep slopes and natural drainage areas, and
allows vehicular and pedestrian interconnections within the subdivision and existing or future
development on adjoining lands.
B. All new utilities shall be located underground except the following, which may be located
above - ground: (i) electric transmission lines and facilities; (ii) equipment, including electric distribution
transformers, switch gear, meter pedestals, telephone pedestals, outdoor lighting poles or standards, radio
antennae and associated equipment, which is, under accepted utility practices, normally installed above-
ground; (iii) meters, service connections, and similar equipment normally attached to the outside wall of a
utility customer's premises; and (iv) satellite dishes.
C. If it is necessary to locate a new or existing public utility within the right -of -way of a
public street, the subdivider shall first obtain a permit from the Virginia Department of Transportation.
D. Installation of utilities in or adjacent to the right -of -way shall not preclude the installation
of street trees or required landscaping.
E. The requirements of this section may be varied or excepted by the agent as provided in
section 14- 203.1. In reviewing a request for a variation or exception, the agent shall consider whether the
requirement would unreasonably impact the existing above - ground electrical network so that extensive
off -site improvements are necessary.
(§ 2, 8- 28 -74; § 18 -12, 9 -5 -96; § 14 -523, Ord. 98 -A(1), 8 -5 -98; § 14 -420, Ord. 05- 14(1), 4- 20 -05,
effective 6- 20 -05; Ord. 13- 14(1), 12 -4 -13, effective 1 -1 -14)
State law reference -Na. Code §§ 15.2- 2241(4), 15.2- 2242(1).
Sec. 14 -422 Sidewalks and planting strips.
Sidewalks and planting strips shall be provided as follows:
M
Draft: 01/16/14
A. Requirement. Sidewalks and planting strips for street trees and other vegetation shall be
established on both sides of each new street within a subdivision creating lots for single family detached
and single family attached dwellings in the development areas.
B. Sidewalk design. Each sidewalk proposed to be accepted for maintenance by the
Virginia Department of Transportation shall be designed and constructed according to Virginia
Department of Transportation standards or to the standards in the design standards manual, whichever is
greater. Each sidewalk proposed to be privately maintained shall be constructed using concrete, designed
so that no concentrated water flow runs over them, and otherwise satisfy the standards in the design
standards manual. The agent may allow privately maintained sidewalks to be a 10 -foot multi -use asphalt
path in unique circumstances such as a path leading to a school or major employment center. The asphalt
path generally shall run parallel to the street and shall be constructed to a standard deemed adequate by
the county engineer to be equivalent to or greater than the applicable standard in the design standards
manual, so as to adequately protect the public health, safety or welfare.
C. Sidewalk ownership. Each sidewalk proposed to be accepted for maintenance by the
Virginia Department of Transportation shall be dedicated to public use. Each sidewalk proposed to be
privately maintained shall be conveyed to a homeowners association for ownership and maintenance.
The agent may require that a sidewalk proposed by the subdivider to be privately maintained instead be
dedicated to public use if the agent determines there is a need for the sidewalks to be publicly owned and
maintained.
D. Planting strip design. Each planting strip shall be a minimum of six (6) feet in width
except that the minimum width may be less in areas of transition between rural cross - section and urban
cross - section streets. On an urban cross - section street, the planting strip shall be located between the curb
and the sidewalk. The planting strip shall be located between the paved travelway and the sidewalk.
E. Variation of or exception to sidewalk requirements. The requirements for sidewalks may
be varied or excepted by the commission as provided in section 14- 203.1. A request for a variation or
exception may be made prior to or with submittal of a preliminary plat or with an application to rezone
the land, as follows:
1. Information to be submitted. If such a request is made, it shall include: (i) a
justification for the request; (ii) a vicinity map showing a larger street network at a scale no smaller than
one (1) inch equals six hundred (600) feet; (iii) a conceptual plan at a scale no smaller than one (1) inch
equals two hundred (200) feet showing surveyed boundaries of the property; (iv) topography of the
property at five (5) foot intervals for the property being subdivided and on abutting lands to a distance of
five hundred (500) feet from the boundary line or a lesser distance determined to be sufficient by the
agent; (v) the locations of streams, stream buffers, steep slopes, floodplains, known wetlands; (vi) the
proposed layout of streets and lots, unit types, uses, and location of parking, as applicable; and (vii) the
location of any existing pedestrian network in the area, whether it is publicly or privately maintained,
descriptions by widths and surfaces of the pedestrian ways within the existing pedestrian network, a
proposed alternative profile and the intended ownership and maintenance.
2. Consideration. In reviewing a request to vary or except the requirement for
sidewalks, the commission shall consider whether: (i) a variation or exception to allow a rural cross -
section has been granted; (ii) a surface other than concrete is more appropriate for the subdivision because
of the character of the proposed subdivision and the surrounding neighborhood; (iii) sidewalks on one
side of the street are appropriate due to environmental constraints such as streams, stream buffers, ell
steep slopes, floodplain, or wetlands, or because lots are provided on only one side of the street; (iv) the
Draft: 01/16/14
sidewalks reasonably can connect into an existing or future pedestrian system in the area; (v) the length of
the street is so short and the density of the development is so low that it is unlikely that the sidewalk
would be used to an extent that it would provide a public benefit; (vi) an alternate pedestrian system
including an alternative pavement could provide more appropriate access throughout the subdivision and
to adjoining lands, based on a proposed alternative profile submitted by the subdivider; (vii) the sidewalks
would be publicly or privately maintained; (viii) the waiver promotes the goals of the comprehensive
plan, the neighborhood model, and the applicable neighborhood master plan; and (ix) waiving the
requirement would enable a different principle of the neighborhood model to be more fully achieved.
F. Variation of or exception to planting strip requirements. The requirements for planting
strips may be varied or excepted by the commission as provided in section 14- 203.1. A request for a
variation or exception may be made prior to or with submittal of a preliminary plat or with an application
to rezone the land, as follows:
1. Information to be submitted. If such a request is made, it shall include: (i) a
justification for the request; (ii) a vicinity map showing a larger street network at a scale no smaller than
one (1) inch equals six hundred (600) feet; (iii) a conceptual plan at a scale no smaller than one (1) inch
equals two hundred (200) feet showing surveyed boundaries of the property; (iv) topography of the
property at five (5) foot intervals for the property being subdivided and on abutting lands to a distance of
five hundred (500) feet from the boundary line or a lesser distance determined to be sufficient by the
agent; (v) the locations of streams, stream buffers, steep slopes, floodplains, known wetlands; and (vi) the
proposed layout of streets and lots, unit types, uses, and location of parking, as applicable.
2. Consideration. In reviewing a request to vary or except any requirement for
planting strips, the commission shall consider whether: (i) a variation or exception to allow a rural cross -
section has been granted; (ii) a sidewalk variation or exception has been granted; (iii) reducing the size of
or eliminating the planting strip promotes the goals of the comprehensive plan, the neighborhood model,
and the applicable neighborhood master plan; and (iv) waiving the requirement would enable a different
principle of the neighborhood model to be more fully achieved.
(8- 28 -74; 5- 10 -77; 10- 19 -77; § 38 -39, 9 -5 -96; § 14 -422, Ord. 98 -A(1), 8 -5 -98, § 14 -525; Ord. 05- 14(1),
4- 20 -05, effective 6- 20 -05; Ord. 13- 14(1), 12 -4 -13, effective 1 -1 -14)
State law reference -Na. Code §§ 15.2- 2241(5), 15.2- 2242(1).
I, Ella W. Jordan, do hereby certify that the foregoing writing is a true, correct copy of an Ordinance duly
adopted by the Board of Supervisors of Albemarle County, Virginia, by a vote of to , as
recorded below, at a regular meeting held on
Ave Nay
Mr. Boyd
Ms. Dittmar
Ms. Mallek
Ms. McKeel
Ms. Palmer
Mr. Sheffield
Clerk, Board of County Supervisors
Z