HomeMy WebLinkAboutSUB200500164 Correspondence 2009-05-07From: Bill Fritz
Sent: Thursday, May 07, 2009 3:33 PM
To: 'Schweller, Lori H.'
Cc: Blaine, Steven W.; Trevor Gibson
Subject: RE: Orchard Estates
My interpretation is that the approval of SUB 2004 -58 Orchard Estates (preliminary) will expire on
May 18, 2009. This is based on the following facts:
1. The preliminary was approved on May 18, 2004
2. The final plat was submitted on May 18, 2005 (SUB 2005 -164)
3. The provisions of 15.2 -2260 of the State Code call for the preliminary approval to be valid
for a period of 5 years if the final is submitted within 1 year of the preliminary approval.
Further it is my opinion that on July 1, 2009 a new provision of the State Code will become
effective that will result in the approval being valid until July 1, 2014. The new State Code
language was approved with HB 2077.
The effect of all of this in plain language is that the approval is valid until July 1, 2014. We will
take no action to invalidate the approval for the time period between May 18th and July 1.
Technically, the approval will be void in that time frame but the approval will become valid again
on July 1.
If you have any questions please feel free to contact me.
William D. Fritz, AICP
Chief of Current Development
434 - 296 -5832 ext. 3242
From: Schweller, Lori H. [mailto:Lori.Schweller @leclairryan.com]
Sent: Thursday, May 07, 2009 12:10 PM
To: Bill Fritz
Cc: Blaine, Steven W.; Trevor Gibson
Subject: Orchard Estates
Importance: High
Dear Bill:
Following up on my voice mail of yesterday --
The attached revised plat was prepared by Kirk Hughes in response to County comments and will
be executed and delivered to the County for review.
Pam Shifflett has provided me with the current bond amounts for Orchard Estates:
$656,590 for subdivision regulation performance; and
$100,000 for water protection.
Please let me know if there are other requirements that need to be met for the final plat to
be approved.
My understanding is that the period of validity of the preliminary plat will expire week after next if
the attached is not approved by then. Therefore, we are also preparing a request for extension of
the period of validity of the approved preliminary plat and will direct it to your attention (unless you
advise me otherwise).
Thank you,
Lori
Lori H. Schweller
Attorney at Law
LECLAIRRYAN
123 East Main Street, Eighth Floor
Charlottesville, Virginia 22902
(434) 245 -3448 Direct
(434) 296 -0905 Fax
(804) 248 -8700 Mobile
Lori.Schweller @leclairryan.com
httlp://www.leclairrVan.com