HomeMy WebLinkAbout2008-01-23
II
I I
BOARD OF SUPERVISORS
FINAL
12:30 P.M., LANE AUDITORIUM
JANUARY 23, 2008
COUNTY OFFICE BUILDING
1. Call to Order.
2. Discussion: Pantops Fire Rescue Station.
3. Work Session: Five Year Financial Plan (continued discussion).
4. Consideration of Proposed Ordinance Amendments:
a. WPT A-2007 -001. Water Protection Ordinance; applicability of erosion impact area;
agreements in lieu of plans; stream buffers on other rural land.
b. ZTA-2007-003. Zoning Ordinance; safe and convenient access.
c. ~T A-2007 -002. Subdivision Ordinance; family divisions; contour intervals; individual lot
grading.
5. From the Boards: Matters not Listed on the Agenda.
6. 3:30 p.m. - Adjourn.
I'
BOARD OF SUPERVISORS
TENTATIVE
12:30 P.M., LANE AUDITORIUM
JANUARY 23, 2008
COUNTY OFFICE BUILDING
1 . Call to Order.
2. Discussion: Pantops Fire Rescue Station.
3. Work Session: Five Year Financial Plan (continued discussion).
4. Consideration of Proposed Ordinance Amendments:
a. WPTA-2007-001. Water Protection Ordinance; applicability of erosion impact area;
agreements in lieu of plans; stream buffers on other rural land.
b. ZTA-2007-003. Zoning Ordinance; safe and convenient access.
c. STA-2007-002. Subdivision Ordinance; family divisions; contour intervals; individual lot
grading.
5. From the Boards: Matters not Listed on the Agenda.
6. 3:30 p.m. - Adjourn.
ACTIONS
Board of Supervisors Meeting of January 23, 2008
Januarv 25, 2008
AGENDA ITEM/ACTION ASSIGNMENT
1. Call to Order.
. Meeting was called to order at 12:34 p.m., by the
Chairman, Mr. Boyd. All BOS members were
present. Also present were Tom Foley, Larry
Davis, Wayne Cilimberg and Meagan Hoy.
2. Discussion: Pantops Fire Rescue Station. Dan Eccleston: Proceed as directed.
. DIRECTED that 12 career staff be included in the
FY09 budget proposal for the establishment of a
Fire/Rescue station in the Pantops development
area and that there be a continuing priority effort
to recruit new volunteers to help staff this station,
and also to retain existing volunteers throughout
the system.
3. Work Session: Five Year Financial Plan (continued OMB: Proceed as directed.
discussion).
. APPROVED the proposed final adjustments to Clerk: Schedule on agenda for February 20,
the Five-Year Financial Plan, and directed staff 2008.
to:
1) Consider stronger reserves in the future
2) Revisit the approach to salaries, looking at a
target in the defined market
3) Form a budget committee to explore the
possibility of determining a tax rate based on
objective criteria, with staff to bring back
additional information on how that process
may work.
. SET an additional budget public forum/hearing on
Februarv 20,2008, with a time to be determined.
4. Consideration of ProDosed Ordinance Clerk: Schedule on agenda for February 6,
Amendments: 2008.
a. WPTA-2007-001. Water Protection Ordinance;
applicability of erosion impact area; agreements in
lieu of plans; stream buffers on other rural land.
b. ZT A-2007 -003. Zoning Ordinance; safe and
convenient access.
c. STA-2007-002. Subdivision Ordinance; family
divisions; contour intervals; individual lot grading.
. DIRECTED staff to schedule a session for
additional publiC input on the evening of February
6, 2008 to begin at 6:00 in Lane Auditorium.
5. From the Board: Matters Not Listed on the Agenda.
. There were none.
13. Adjourn to February 6, 2008, 9:00 a.m.
. The meeting was adjourned at 3:58 n.m.
Imrh
1
COUNTY OF ALBEMARLE
EXECUTIVE SUMMARY
AGENDA TITLE:
Pantops Fire Rescue Station
AGENDA DATE:
January 23, 2008
SUBJECT/PROPOSAL/REQUEST:
Review station and staffing plan
ACTION:
INFORMATION: X
STAFF CONTACT(S):
Messrs. Tucker, Elliott, Davis, Eggleston
CONSENT AGENDA:
ACTION: INFORMATION:
ATTACHMENTS: No /'
REVIEWED BY: f
LEGAL REVIEW: Yes
BACKGROUND:
Several studies, including the 2007 City/County consolidation analysis and draft recommendations of the Pantops Master
Plan, have identified the need to establish a fire rescue station in the Pantops development area. The justification to build
the station is based on three primary goals:
1. To support the County's Land Use policy by providing a basic level of fire rescue services in the development areas.
2. Replace City Fire Services currently provided through the City/County Fire Contract.
3. Achieve a higher level of service for this development area which is not currently provided through the City contract.
Funding for the establishment of a station within the Pantops development area is currently programmed in the adopted CIP
as well as in staff's proposed 5-year operating budget model.
During the May 2007 Board meeting, staff reviewed with the Board the need for a Pantops Fire Rescue station and reviewed
the associated staffing plan. At the conclusion of the presentation, the Board voted 5 to 1 to move forward with a temporary
station in the Pantops development area in FY09.
Staff further discussed the Pantops Fire Rescue Station during the Board's fall 2007 retreat, and the Board reaffirmed the
need for the Pantops station as well as the need to hire career staff to ensure consistent and reliable service. Based on the
Board's direction, County staff has moved forward with plans for establishing this station including identifying sites and
discussing leasing land for the temporary facility to be operational by July 2009.
However, during the Board's 5-Year Financial planning session held in December of 2007, some Board members
questioned the need for the Pantops Station and requested that staff provide additional information for their review. Staff
understood that the concerns mainly centered on the staffing plan that calls for hiring 12 career staff. Furthermore, staff
believes that the Board wishes to better understand the need for 12 career staff verses reducing the total number of career
staff and recruiting additional volunteer staff.
STRATEG,lC PLAN:
Goal 1 : Enhance the Quality of Life for All Albemarle County Residents
DISCUSSION:
The Need for a Pantops Fire Rescue Station
Staff, along with two independent consultants and the Fire Rescue Volunteer Advisory Board, have researched the
need for a Pantops Station and have determined that a Fire Rescue station is needed in the central part of the
Pantops development area. The conclusion to add a Pantops Fire Rescue Station is based on the following key points:
1. The City Fire Department's current 10 minute/90% response time to the Pantops development area is not
meeting the County's response time goal, as defined in the Comprehensive Plan, and trends show that the
City response times are increasing.
2. The Pantops Development Area is the highest risk development area in the County due to the at-risk
population (over 27 percent of the Pantops population is over age 65) and at-risk facilities (currently 640
elderly care units are located here while Martha Jefferson Hospital is building a 1.0 million square foot
hospital).
II
Pantops Fire Rescue Station
January 23, 2008
Page 2
3. Response time analysis of East Rivanna VFD and Monticello FR indicate neither station can reach the
Pantops area in less than 10 minutes, 90% of the time due to geographical constraints and vehicular traffic
volume even if additional resources are provided at those stations.
4. Due to growth and development in the area (population growth, growth in at-risk population, vehicle movement
increases, development of residential/commercial/institutional facilities) calls for service are increasing.
The three person engine company currently provided by the City under contract must be replaced in order to continue to
support Stony Point VFD, East Rivanna VFD, and Monticello FR. Considering that the likely cost to renew the contract is
approximately $2 million dollars as identified in the consolidation study, staff recommends that the Board invest in County
resources (i.e. - Pantops Fire Rescue Station) to achieve the response time goal on Pantops as well as provide a three
person engine company resource to the remainder of the fire rescue system rather than making a commensurate level of
investment in the City system.
Staffino Plan
To assist with assessing the performance of Albemarle County's volunteer recruitment efforts as well as to provide the
Board with an idea of the staff required to support the Pantops Fire Station, it is helpful to look at the national trend in
volunteer recruitment as well as the experiences of other like size localities with similar fire and EMS systems (those that
include both volunteer and career personnel).
The United States Fire Administration (USFA) and the National Volunteer Fire Council (NVFC) report a nationwide decline
in the number of active volunteer firefighters nationally since 1984 (Retention and Recruitment for the Volunteer
Emergency Services, Challenges and Solutions, May 2007). Nationally, volunteer numbers have shown a decline of about
1 % annually.
In a recent survey conducted by Albemarle County Fire Rescue (ACFR), 50% of the benchmark localities surveyed (10
localities surveyed) reported a net annual decrease in the number of total volunteers. Albemarle County recruits 150
volunteers annually; however, 135 volunteers also leave the system each year, yielding a net increase of 15 volunteers, or
2%, annually. Of the five localities reporting a net increase in volunteers, Albemarle is ranked second in terms of net new
volunteers recruited.
Staff has analyzed the number of career staff or equivalent volunteer staff required for the Pantops station. There are
several staffing models that have been evaluated to ensure that a 3 person engine company can be deployed consistently
and reliably from the Pantops station. These models are listed in the table below:
Career Staff needed
Volunteer Staff needed
12
o
1 Volunteer
NightslWeek-ends
10
11-15
24/7 Volunteer Staff
24/7 Career Staff
o
32-35
Staff continues to recommend hiring 12 career personnel to provide one Engine Company 24/7 from the Pantops station.
Within several years an ambulance is planned to be added. This is important to note as it highlights the need for a
continued volunteer recruitment effort to ensure as many trained volunteers as possible are ready to help staff the
ambulance when it is placed in service. Experience with both the Monticello and Hollymead stations has shown that
recruitment efforts are more successful once the station is established as opposed to recruiting volunteers for a station that
does not yet exist.
If the Board were to decide to reduce the number of career staff from 12 to 10 personnel and rely on volunteers to provide
one firefighter each weeknight and all weekend, then 11-15 volunteers would be necessary to sustain minimum staffing.
This effort could be accomplished in one of two ways:
1. Relocating Volunteers from Existing Stations
This effort would entail relocating volunteers recruited throughout the year from the station where the volunteer
joined initially to the Pantops station. This is a significantly different philosophy than what is currently practiced.
Currently, an individual wishing to volunteer in his/her community would work at the station within their community.
Pantops Fire Rescue Station
January 23, 2008
Page 3
Relocating a volunteer to a station outside of the community in which he/she lives is not conducive to the overall
retention of volunteers. Additionally, staff expects an impact on the Training Division to prepare 15 volunteer
personnel to serve in a minimum staffing capacity. This activity is typically accomplished by company officers at
stations where sufficient staff exists to provide the basic engine company service as well as initial crew readiness
training.
2. Focused Volunteer Recruitment Efforts for Pantops
This alternative involves conducting a focused recruiting effort to enlist 15 volunteers specifically for Pantops in
addition to those already recruited within the system (for a total of 30 new volunteers). Assuming this effort is
successful, these volunteers must be trained separately as their numbers alone will fill a training class. Given
existing resources, training will be delayed for volunteers recruited within the rest of the system while the Training
Division focuses on training and development for the new Pantops volunteers. Delaying current volunteer
academies will negatively impact recruitment and retention for existing volunteer stations.
Since the Board voted in May 2007 to move forward with a temporary station in FY09, staff has tentatively negotiated an
agreement with a property owner to establish a temporary fire rescue station site on Pantops until a more permanent site
can be identified. In addition, staff has engaged with the Pantops Advisory Council to help with the implementation of the
new Pantops Fire Rescue station and has started the process of procuring a fire engine so that delivery will occur prior to
the opening of the station.
While no further action from the Board is required at this time to continue the process of establishing a temporary station in
FY09, staff needs further direction from the Board relating to the staffing plan for the station. Moving forward with hiring 12
career staff will ensure that the Pantops engine company is able to respond 24/7 consistently and reliably. Reducing staff
from 12 to 10 career staff will likely have a significant impact on the remainder of the fire rescue system as noted above.
BUDGET IMPACT:
Reducing the career staff from 12 to 10 will reduce:
FY09 budget impact by $62,469
FY10 budget impact by $129,814
RECOMMENDATIONS:
Staff recommends that the Board affirm its direction that 12 career staff be included in the FY09 budget proposal for the
establishment of a Fire/Rescue station in the Pantops development area and that there be a continuing priority effort to
recruit volunteers to help staff this station.
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5 Year Financial Plan Process
Preliminary Board Direction
Board Strategic Planning Retreat
Joint Retreat with School Board
Review of Revenue Alternatives
Staff Development of Balanced 5 Year Financial Plan
Development of revenue and expenditure projections
Preliminary review of current programs & services - process will continue in
the year ahead
Balancingtheplant..u" ',' .'k.! """'1 iI';, within Obligations, Board
Policy, Established Goals
Board Review and Approval of Balanced 5 Year Financial Plan
Review and approval of assumptions
Consideration of Program & Service Levels
Direction on Board priorities
Complete in December
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Partial Budget Calendar
February, 2008 - April, 2008
EVENT DATE
BOS preliminary work session on Recommended General Fund Budget February 13
- Summary budget information sent to BOS on Feb 8
BOS preliminary work session on Proposed School Division Budget February 20
- Summary budget information sent to BOS on Feb 15
Public forumlhearing on budszet? February 20
BOS work session to determine advertised tax rate February 26
County Exec's Completed Budget Document sent to BOS February 29
Advertise tax rate March 2
Public Hearing on County Exec's budget March 5
Work sessions on County Exec's budget March 10 & 12
March 17 & 19
Proposed budget posted to website March 21
Public hearing on BOS budget and tax rate April 2
BOS adopts budget, sets tax rate April 9
RECEIVED AT 80S MEETING
Date: I . ~ Jf. 0<6
.
Agenda Item II: '1l on - ~)
Clerk's Initials:_1!lll
POINTS FOR CONSIDERATION BY THE ALBEMARLE BOARD OF
SUPERVISORS 1/08
1. We recognize the need for curtailing irresponsible development in the county.
2. We also recognize the rights of those born here to exercise their birthrights, live,
build and work here. Denying these rights is the abuse of power.
3 . We suggest, instead of outright prohibiting building structures, driveways,
ditching on critical slopes and disturbing the soil, the following:
4. That citizens who own, have paid for, and pay taxes on their land, be allowed to
build on and use that land, with reasonable restrictions for the benefit of all.
5. Said restrictions to include: Measures to halt erosion. There are competent
erosion control land engineers and soil experts here, whose services are readily
available. Ground cover, terracing, silt fences, mulching, retaining walls are just
a few of the options that can be employed, and are, by responsible builders.
These are much more reasonable than the blanket outlawing of virtually any use
of the land.
6. Restrictions against clear-cutting, unless effective soil-stabilizing is used.
7. Restrictions against glaring or reflective paint/surfaces on structures visible from
public areas. Unlimited subdued colors are available, that blend with the
landscape.
8. Allowing building on high and visible elevations as long as the above restrictions
are met, to protect the rights of county landowners in these areas.
We strongly urge the above measures as reasonable solutions to the complex
problems of unrestricted growth. It is unwise for the Board to prohibit drastically,
thereby angering and alienating half the county, when effective but more
acceptable procedures are at hand.
Charles McRaven
Box 108--1816 Davis Shop Road
Free Union, Va 22940
RECEIVED AT BOS MEETING
Date: J .:} 3' 0 t
Ageoda Item .: '-I
Clerk'8Initials:_~ W
If'
Daft: 01/14/08
ORDINANCE NO. 08-17( )
AN ORDINANCE TO AMEND CHAPTER 17, WATER PROTECTION, OF THE CODE OF T E COUNTY
OF ALEMARLE, VIRGINIA, BY AMENDING ARTICLE I, GENERAL, ARTICLE II, EROSIO AND
SEDIMENT CONTROL, AND ARTICLE III, STORMW ATER MANAGEMENT AND WATER QUALITY
BE IT ORDAINED By the Board of Supervisors of the County of Albemarle, Virginia, that Chapt r 17, Water
Protection, Article I, General, Article II, Erosion and Sediment Control, and Article III, Stormwate
management and water quality, are amended and reordained as follows:
By Amending:
Sec. 17-104
Sec. 17-200
Sec. 17-317
Sec. 17-321
Definitions
Applicability
Duty to retain or establish stream buffer
Types of development which may be allowed in stream buffer by program authori
Chapter 17. Water Protection
Article I. General
Sec. 17-104 Definitions.
The following definitions shall apply in the interpretation and implementation of this chapt r:
(32) Perennial stream. The term "perennial stream" means any stream that is depicted as continuous
blue line on the most recent United States Geological Survey 7.5 minute topographic quadrangle m ps (scale
1 :24,000) or which is determined b the ro am authorit to be erennial followin a site-s ecific evaluation
usin the idance entitled "Determinations of Water Bodies with Perennial Flow" dated S temb r 2003
issued bv the ChesaDeake Bav Local Assistance Deoartment. This definition shall not aDolv to
streams within a development area or area of infill and redevelopment that have been piped or con erted legally
and intentionally into stormwater conveyance channels such that the stream does not resemble or aintain the
characteristics of a natural stream channel, as determined by the program authority.
Article II. 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 requirem
article:
1. prior to engaging in any land disturbing activity, or allowing any land dis
activity to occur, on his property;
2. at all times during such land disturbing activity until it is completed, inclu ing 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 0 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
or final plat, preliminary or final site plan, an application for a zoning map amendment to a non-a
zoning district, or an application for a special use permit for a use or activity not directly related to
for the lot on which the agricultural road is located or serves, if both: (i) the plat, plan or applicatl:o
submitted within twenty-four (24) months after construction of the agricultural road began; and (ii)
preliminary
cultural
griculture
was
he program
Draft: 01114/08
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:
1. individual home gardens, landscaping, repair and maintenance work;
2. 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
confmed 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;
5. 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 SS 10.1-1100 et seq. or is converted to bona fide agricultural or
improved pasture uses as described in Virginia Code S 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 ofthe tracks, right-of-way, bridges, communication facilities and
other related structures and facilities of a railroad company;
10.
posts or poles; and
installation of fence and sign posts or telephone and electric poles and other kinds of
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. Anv activitv that is otherwise exemot from this article under oaraQfaoh em shall become subiect
to this article if the oroQfam administrator determines that an erosion imoact area exists on the subiect orooertv
as orovided in section 17-202.
(s 7-3, 6-18-75, S 5,2-11-76,4-21-76,2-11-87,3-18-92; S 19.3-8,2-11-98; Code 1988, SS 7-3, 19.3-8; Ord. 98-
A(1),8-5-98)
State law reference-Va. Code SS 10.1-560, 10.1-562, 10.1-563.
2
..
..
Daft: 01114/08
Article ITI. Stormwater management and water quality
7-317 Duty to retain or establish stream buffer.
Except as provided in section 17-319, any land subject to this article and each stormwater
man gement/BMP plan shall provide for stream buffers for the purposes of retarding runoff, preve ting erosion,
filter g nonpoint source pollution from runoff, moderating stream temperature, and providing for he ecological
inte . ty of stream corridors and networks, as provided herein:
A. If the development is located within a development area or an area of infill and re evelopment,
buffers shall be retained if present and established where they do not exist on any lands sub ect to this
articl containing perennial streams, and/or nontidal wetlands contiguous to these streams. The str buffer
shall be no less than one hundred (100) feet wide on each side of such perennial streams and conti ous nontidal
wetl ds, measured horizontally from the edge of the nontidal wetlands, or the top of the stream b nk if no
wetl ds exist.
B. If the development is located within a water supply protection area or other rural I d, stream
buffi s shall be retained if present and established where they do not exist on any lands subject to t is article
cont ining perennial or intermittent streams, nontidal wetlands contiguous to these streams, and fl d plains.
The tream buffer shall extend to whichever ofthe following is wider: (i) one hundred (100) feet 0 each side of
pere 'al or intermittent streams and contiguous nontidal wetlands, measured horizontally from th edge of the
nonti al wetlands, or the top of the stream bank if no wetlands exist; or (ii) the limits of the flood pain. The
stre buffer shall be no less than two hundred (200) horizontal feet wide from the flood plain of y public
wate supply impoundment.
I)!:. On agricultural lands used for crop land, whether located in a development area,
and r development, a water supply protection area or other rural land, the stream buffer shall inclu e all
pere 'al streams, non-tidal wetlands contiguous with these streams, and a twenty-five (25) foot b ffer,
meas ed horizontally from the edge of contiguous non-tidal wetlands, or the top of the stream ba if no
wetl ds exist. On these lands, the stream buffer shall be managed to prevent concentrated flows 0 surface
wate from breaching the buffer area. Each owner of crop land with a stream buffer shall have dev loped by the
Tho as Jefferson Soil and Water Conservation District a soil and water conservation plan, or a co ponent
there f, which, shall be based on an assessment of existing conservation practices of the crop land.
BD. Each stream buffer shall be maintained and incorporated into the design of the Ian
deve! pment to the fullest extent possible.
Fl:;. 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 th additional
types of development which may be allowed in a stream buffer identified in section 17-321, no indi enous
veget tion within the stream buffer shall be disturbed or removed, regardless of the size of the area affected.
(~ 193-41, 2-11-98; ~ 19.2-8,6-19-91; Code 1988, ~~ 19.2-8, 19.3-41; Ord. 98-A(l), 8-5-98)
State law reference-Va. Code S 10.1-2108.
Sec. 7-321 Types of development which may be allowed in stream buffer by program autho
Development in a stream buffer may be authorized by the program authority in the
desc bed below, provided that a mitigation plan is submitted to, and approved, by the pro
purs nt to section 17-322:
3
Draft: 01114/08
1. on a lot vihieh 'lias of record prior to the date of adoption of this ehapter and '.vhich is within a
dcyelotlment area but is not ';;ithin a '.vater supply pmteetion area or otber rural lfrlld: within thc fifty (50)
horizontal feet of stream buffer that is tbe most lfrlldward (furthest &()m the stream);
i!-l. on a lot which is located within a development area or area of infill and redevelopment but is
not within a water suoolv orotection area: within the fifty (50) horizontal feet of stream buffer that is the most
landward (furthest from the stream);
:3-~. on a lot which:-W is located within a water supply protection area ; or (0) 'Nas ofrecon! on or
after the datc of adoption of this ehapter and is located 'vVithin 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;
41. on a lot on which the development in the stream buffer will consist of a lake, pond, or
ecological/wetland restoration project;
~. 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;
6~. 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
::tfi. 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.
(9 19.3-45,2-11-98; 9 19.2-8,6-19-91,98; Code 1988, 99 19.2-8, 19.3-45; Ord. 98-A(1), 8-5-98)
State law reference-Va. Code ~ 10.1-2108.
This ordinance shall be effective on and after January 23, 2008 provided, however, that any subdivision plat, site
plan or application for a building permit submitted on or before January 22, 2008, and approved on or before
May 23, 2008, may be approved under the applicable regulations in effect on January 22,2008.
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
Clerk, Board of County Supervisors
Aye Nay
Mr. Boyd
Mr. Domer
Ms. Mallek
Mr. Rooker
Mr. Slutzky
Ms. Thomas
4
Dra t: 12/21/07
ORDINANCE NO. 08-18( )
AN pRDINANCE TO AMEND CHAPTER 18, ZONING, ARTICLE II, BASIC REGULATIONS, OF THE
COIPE OF THE COUNTY OF ALBEMARLE, VIRGINIA
BE n ORDAINED By the Board of Supervisors of the County of Albemarle, Virginia, that Chap er 18,
Zon~ng, Article II, Basic Regulations, is hereby amended and reordained as follows:
By tmending:
i
Sec 4.6.6 Lot access requirements
Chapter 18. Zoning
Article 2. Basic Regulations
Sec.14.6.6 Lot access requirements
I
~cular access on a lot shall be orovided as follows:
fu
b.
~
Draft: 12/21/07
d. Anv lot which was lawfullv a lot of record on the effective date of subsection (b) shall be exemot
from the reauirements of that subsection for the establishment of the first sim!:le- familv detached
dwellinll unit on the lot if the countv enllineer determines that those reauirements would orohibit the
oracticable develooment of the lot for that first sinllle- familv detached dwellinll unit.
This ordinance shall be effective on and after January 23, 2008 provided, however, that any subdivision plat,
site plan or application for a building permit submitted on or before January 22, 2008, and approved on or
before May 23, 2008, may be approved under the applicable regulations in effect on January 22, 2008.
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
Clerk, Board of County Supervisors
Aye Nay
Mr. Boyd
Mr. Domer
Ms. Mallek
Mr. Rooker
Mr. Slutzky
Ms. Thomas
2
'-
Draft: 12/21/07
Section 14-212(A)
With 4 Year/4 Year Retention Period
ORDINANCE NO. 08-14( )
AN ORDINANCE TO AMEND CHAPTER 14, SUBDIVISION OF LAND, AND ARTICLE II,
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
Sec. 14-302
Family subdivisions; conditions of approval
Contents of preliminary plat
Chapter 14. Subdivision of Land
Article II. 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 mav be created bv familv subdivision unless it has been owned bv the current owner or a
memper of his or her immediate familv for at least four (4) consecutive vears immediatelv orecedin!! the date the
famil!)' subdivision olat is submitted under section 14-210.
~. 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 oftwo (2) four (4) years frem 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, provided
that the spousc ofthe member oftlie immediate family to whom a lot is transferred may bc'a co gfll1ltcc and co
o';mcr of the lot or if the lendin!! institution reauires in writin!! that the soouse of the member of the immediate
familw be a co-!!rantee and co-owner of the lot. The subdivider shall olace a restrictive covenant on the lots
creat<yd bv the familv subdivision orohibitin!! the transfer of the lots so created to a oerson who is not a member
of th~ immediate familv for the retention oeriod after the date of recordation. The restrictive covenant shall be
subiept to review and annroval bv the countv attornev before it is recorded. Ifthe lot created is conveyed back
to the grantor within the t';IO (2) year period durin!! the retention oeriod, it shall be recombined with the parent
lot within six (6) months after such conveyance and:--N!}o building permits shall be issued for the lots until they
are recombined.
~k. 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.
GD. 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 ofthe immediate
family,' as that term is defined in Chapter 14 of the Albemarle County Code, for a period of t'.1'IO (2) :rean from.
four ~4) vears after the date of recordation of this plat except as authorized by section 14-212(A) ofthe
1
Draft: 12/21/07
Section 14-212(A)
With 4 Year/4 Year Retention Period
Albemarle County Code. If any lot created by the recordation of this plat is conveyed back to the grantor during
the tv;o (2) 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, S 18-57; Ord. 98-A(1), 7-15-98; Ord. 05-
14(1),4-20-05, effective 6-20-05)
State law reference-Va. Code SS 15.2-2244(C), 15.2-2244.1.
Article III. 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(B):
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, ifthe 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
2
i I""
Dr ft: 12/21/07
See ion 14-212(A)
With 4 Year/4 Year Re ention Period
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 offurther division of proposed lots. The number oflots, as assigned by the
subdivider, into which each proposed lot may be further divided by right pursuant to section 10.3.1 ofthe zoning
ordinance, if applicable. The plat shall also contain the following note: "Parcel [letter or number] i assigned
[number] development rights and may/may not be further divided and when further divided these ri hts shall not
comprise more than [number] acres. The residue of Tax Map/Parcel [numbers] is retaining [numb ]
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 an page
number of the instrument whereby the property was created, as recorded in the office ofthe clerk 0 the circuit
court of the county.
12. Topography. Existing topography at the time of plat submittal at up to tw nty [20]
percent slope, maximum five [5] f-oot eontOllf3 with a contour interval that is not reater than the in erval on
aerial tooo!!l'aohv available from the countv. The source oftopography, including survey date and ame ofthe
licensed professional; or a statement that topography data provided by the county was used. Propo ed grading
(maximum five [5] foot contours) with a contour interval e ual to the intervals of the existin to 0 a h
supplemented where necessary by spot elevations; areas of the site where existing slopes are twent -five (25)
percent or greater. Existing topography for the entire site with sufficient off site topography to desc .be
prominent and pertinent offsite features and physical characteristics, but in no case less than fifty ( 0) feet
outside of the site unless otherwise approved by the agent. For ro ert in the rural areas zonin d.strict the
ro sed adin shall show all adin on each ro osed lot includin access clearin and all ot er lot
imorovements.
13. Proposed facilities. The location of proposed water and sewer lines and rated
improvements; proposed drainage and stormwater management facilities and related improvements.
14. Land to be dedicated in fee or reserved. The location, acreage, and curren owner of all
land intended to be dedicated in fee or reserved for public use, or to be reserved in a deed for the c rnmon use of
lot owners in the subdivision.
15. Identification of all ownf?rs and certain interest holders. The names and a dresses 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 p eliminary
plat shall not be deemed incomplete for purposes of section 14-216(B) if it does not include this i rmation in
the initial plat submittal:
1. General information. The date of drawing, including the date of the last r ision, the
number of sheets, the north point, and the scale. If true north is used, the method of determination hall 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 com rehensive
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 lace of
burial located on the property.
3
Draft: 12/21/07
Section 14-212(A)
With 4 Year/4 Year Retention Period
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 ofthe 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, S 18-52; Ord. 98-A(1), 8-5-98; Ord. 05-14(1), 4-20-05, effective 6-20-05)
State law reference-Va. Code SS 15.2-2241(1), 15.2-2258, 15.2-2262.
This ordinance shall be effective on and after January 23, 2008 provided, however, that any subdivision plat
su~mitted on or before January 22, 2008, and approved on or before May 23, 2008, may be approved under the
applicable regulations in effect on January 22,2008.
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
Clerk, Board of County Supervisors
Aye Nay
Mr. Boyd
Mr. Domer
Ms. Mallek
Mr. Rooker
Mr. Slutzky
Ms. Thomas
4
01/23/2 08 10:20
4342955052
GMPBGNPTGW
PAGE 01
January 2 ,2008
Albem.arle County
Board of Supervisors
Dear Chaim1an Boyd?
I mu writing upon just received information that the Board of Supervisors pI s to
address a proposed ordinance change on January 23rd that would prohibit SUbI issio11. f()r
subdivi~ion for four years under the family division ordinance.
For two years, we have been working diligently under difficult circ1.lmstances, so we
could benefit fi-om the family divisioI'1 allowed under current nIles, as we hay planned
for and invested in with land planning and survey worle
Please delay on acting, for at least sufficient time, to submit a plan a.lready in. rogresSj
for review by the County. J am a 76 year-old professor at UV A and do not feel it is fair to
have to wait for 4 years longer than plslU1ed when only a small window to cot. pletc what
is in progress is necessary to allow those with family plans already made.
I sincerely req1.lcst that you delay implementing any changes to the existing or inances
for 30-60 days so that we may complete Our submission of our family clivisioli plat.
Thank you for your consideration.
>~
UNIVERSITY OF IRGINIA
P,O, BOX 4,001 2
CHARLOTTESV I LE.
VIRGINIA 27.90 4172
cc:
Ann H Mallek
David Slutzsky
Sally Thomas
Dennis Rooker
Lindsay Dorrier, Jr,
[]
TJ;L 434-982-2 61
FAX 434-924-6 6~
TOO 434-982-H' R
h'ltp J/www:\lirg Iii, edu(women studies/home. htrn
January 21,2008
~
Nydrie Farm and Stud
Esmont, Virginia
22937
We have recently been advised that the Planning Commissio staff is
r utinely disapproving stream buffer mitigation plans submi ted by
bemarle County landowners. We believe that this failure to consi er such
pans, which is specifically provided for in the ordinance, will ave the
e ect of significantly devaluing property in Albemarle County. Th s would
r duce or remove incentives to put land under conservation easemen s.
ND DELIVERED
indsay G. Dorrier, Jr., Board Member
bemarle County Board of Supervisors
35 Valley Street
cottsville, VA 24590
Thank you for taking time this morning to discuss the appli ation of
ounty ordinance No. 08-17. On behalf of my brothers and our f: milies, I
ould like for you to consider the following.
Moreover, the way in which the ordinance is being applie would
p event landowners from locating homes on their own property.
We do not believe that the ordinance was intended to be app . ed in a
w y which might destroy millions of dollars of rural land value in this
c unty. We respectfully request that the County assure its lando ers that
re sonable stream buffer mitigation plans will be approved.
Yours sincerely,
~ /~~2(
. Daniel G. VanClie:f, r.
C Alan VanClief
Barry VanClief
J. Courtlandt VanClief
Area Code 804- 286-3075
1 . d
~~~ i3L~3S~1 dH W~Sv: 1 800G EG U~L
January 23,2008
To: Board of Supervisors - Albemarle County
Ken Boyd, Sally Thomas, Dennis Rooker, David Slutzky, Ann Mallek, Lindsay Domer,
Let me preface these remarks by saying that I am a second generation native of Albemarle County and love
this area.
The general tone of the Nov 2007 Public meeting was "hold up - what's the rush"? What is causing this
quick decision? The public should be heard & listened to. This rapid addition to the agenda appears to be
a rather spontaneous decision.
Steep Slopes - Stream Setbacks - Family Divisions
Most of Albemarle County is very hilly! To keep a driveway almost flat is very difficult. This 16 -25%
slope restriction will greatly increase the length of a driveway to maintain the 16 percent grade and will
prob,!:bly even cause more land to be disturbed to meet the county requirements. What about lot size
constraints? Will this make building on the smaller lots impossible? Proper engineering and guidance by
the county on a per case request should prevail.
The majority of the people, not developers, building a house on their land care about how it is
accomplished and what it will change. None of the long-term citizens of Albemarle County want it
destroyed by' erosion or unsightly development. We are good stewards of the land. Enforce building permits
& inspections to see that things are done correctly. Please reconsider this steep slope proposal and modify
it.
Why is it that the county has chosen to keep 100' building setbacks in only part of the county? It would
seem that it is important to protect all streams whether they are at the headwaters of the water supply or
after the water passes through Charlottesville on to other areas and eventually into the bay. 100' is
reasonable but 200' is excessive.
The NW area of the county has the cleanest water in the county. Good stewards of the land take good care
of our land and water sources. These stewards are a free police force to the county.
The NW streams are already naturally protected yet the flow immediately out of Sugar Hollow Reservoir is
unprotected. If the intent of the County is to protect water sources & clean up polluted areas, then this
intent should include ALL areas, not just a select few.
Once the stewards of the land are denied access to water sources which are already well maintained, the
people that live off the land will be forced to sell their property, as they cannot grow their crops or raise
livestock. Once these fanned lands cannot operate they may be sold for money to live on and then
development is inevitable. It is vital to look at the future pros and con's of what is being proposed. Use the
taxpayers' money to clean up polluted areas and try to keep the stewards of the land in place to maintain it.
Putting up fences and turning away the stewards of the land will only encourage the influx of more people
to trample our open spaces.
The county wants to penalize the local landowners who have lived on their land for less than 4 years or for
many years and say that they have to own the land for 4 or more years before they can give some of it to a
family member to live on and then further restrict that family from selling the property in less than 4 years
if someone wants to move or in the event of a change of work, health, death, divorce etc. This seems to be a
huge infringement on property rights and individual rights. Is this against the constitution? Yet a developer
can buy that fann and immediately subdivide it with no time restrictions and really destroy the land having
5-100 + houses rather than 1 or 2. This seems very unfair and unconstitutional! The true people of
Albemarle are being penalized and the developers of Albemarle are being granted their wishes to the
detriment of the county. Please vote no to this proposal.
The commercial and residential developers seem to literally destroy the lay of the land all to see
how many stores/houses they can fit on 1 acre. Witness Mosby Mountain south of town - the hillside was
completely altered & there were creeks in the area. 29 N is a nightmare! The commercial development
just south of Airport Road and what is proposed north of Airport road and near the airport will only serve to
further destroy the area. The coming development at Biscuit Run is outrageous, as is what has happened to
the nice town of Crozet. Why is it that developers AL WAYS get their developments passed?
The true citizens of Albemarle have voiced their opinions against these developments in the area but
developers always win and the voices of the people fall on deaf ears. Why is that?
We are also in a water restricted mode - Shouldn't the county take a stand and stop the
development which dilutes our natural water sources.
The permits to build new roads! houses! commercial buildings should control what
happens to the land. The mechanism is already in place through zoning and building permits to control
what happens. Stop the intense developing in this county and save it please, but don't run off the natural
good stewards of the land that live here.
Weare fortunate to live in a beautiful area, but I fear that this will not be the case for very
long. Maybe those citizens that wanted to stop further development in the county altogether were more
correct than this county knows.
Please look at what is happening - being too conservative has its detriments and does being too broad-
minded - Listen to the people and save our beautiful county. Don't allow the county to continue to begin
to look like northern Virginia. Keep the area desirable.
Thank you
Ginger Ashcom
Albemarle County
J.
Page 1 of2
'.
Ella W. Jordan
From: Larry Davis
Selllt: Thursday, January 17, 2008 12:25 PM
To: Lee Catlin; Ella W. Jordan
Cc: Bob Tucker
Su~ject: RE: Rural area ordinance info
Lee:
See my suggested revisions below. Please give me a call to discuss. Thanks.
Larryl W. Davis
Albe~arle County Attorney
Notlce:i This ellllil may contain attorney-client privileged information, privileged work product, or other confidential information. It Is
intend~d only for the designated recipient If you receive this message and are not a designated recipient you are requested to delete this
messa~e immediately and notify me that you have received this by mistake. Thank you.
'" ___~."_.._-I_,__,._.,,_.__..___u_.______~__"..._.__.____________.._.____.___________ ,,_ ___ __..___.'__..._..__..,____~___._..___.__..__.__"._.__,___._____.. _...___ ._.__
Froml: Lee Catlin
Sent:i Thursday, January 17, 2008 11:17 AM
To: ~rry Davis; Ella W. Jordan
Subj~ct: Rural area ordinance info
Good imorning,
If you lall could review the text below and make sure it is accurate, I would really appreciate. Please let me know
if there are any changes you think we need to make, with the four day weekend coming up I would like to get this
finaliz~d this afternoon - thanks very much.
Lee
BOA)ID TO IffiCONSIDER RURAL AREA ORDINANCES AT JANUARY 23 WORK
SES~ION
The Albemarle County Board of Supervisors approved a motion to l'con~id'l place on its
JanuarY 23rd Agenda. for further consideration or action. several rural area ordinances that were deferred
by th~ Board at the conclusion of public hearings on the proposals on October 10,2007. The rural area
ordim!mces, which have been revised by at the direction of the Board in response to public concerns, will
be onithe agenda for the Board's January 23. 2008 work session, which is scheduled to begin at 12:30
pm. Several other work session items are on the agenda prior to the rural area ordinances.
Full copies of the revised ordinances are available on the county web site at www.albemarle.org
or at *e Board Clerk's Office on the fourth floor of the County Office Building, McIntire Road.
Majt'JI 1'. i~i611~ Changes to the proposed ordinances are outlined below:
(1) Subdivision Ordinance Amendment STA 2007-00002 - staff was directed to revise the
proposed ordinance to provide that the holding period for a family subdivision will be a four
year holding period before and fLfour year holding period after the subdivision
(2) Zoning Ordinance Amendment ZTA 2007-00003 - staff was directed to revise the proposed
ordinance to delete the provisions changing the critical slopes regulations so that the ordinance
will now only add regulations to address safe and convenient access for driveways. In addition,
staff ~ was directed to revise proposed S4.6.6( d) to provide that the safe and convenient access
1/1712008
J.
..
Page 20f2
regulations will apply to existing lots unless there is a finding by the County Engineer that
development of the lots for the first single-family dwelling applying those regulations would be
impracticable
(3) Water Protection Ordinance Amendment WPTA 2007-01 - staff was not directed to make
any ~tlb~tmrtial substantive changes to the proposed ordinance but was directed to eliminate
redundancies and to simplify the language in proposed ~ 17-321 for purposes of clarity.
Lee P. Catlin
Community Relations Director
401 Mcintire Road
Charlottesville, VA 22901
(434 )296-5841
(434)531-8092 (cell)
Sign up for Amail, the Albemarle County E-news service: AmailSignup
1/17/2008
FW: Legislative Request
Page 2 of2
_nn_ Forwarded Message
From: Dennis Rooker <dsrooker@earthlink.net>
Date: Mon, 14 Jan 2008 10:55:24 -0500
To: David Toscano <deldtoscano@house.state.va.us>, David Toscano <toscano@cstone.net>, Creigh Deeds
<district25@sov.state.va.us>, Creigh Deeds <rcdeeds@tds.net>
Cc: David Blount <dlount64@hotmail.com>, Board of Supervisors <dsrooker@earthlink.net>
Conversation: Legislative Request
Subject: Legislative Request
David and Creigh:
We have problems in Albemarle County resulting from developed areas that have very delayed emergency
response because the closest access is across a railroad bridge. Flordon is a good example of this. The
emergency response time there is delayed about 15 minutes due to the weight limit (ten tons) posted on the
Broomley bridge by CSX. The residents in Flordon are very interested in rectifying this situation and I have
spent a huge amount of time working on it. Replacing the bridge would cost about $3 million, and there is no
money in the system to accomplish this.
Many of the RR bridges are posted at a lower limit than is necessary because the RR companies have a vested
interest in posting below actual limits because they think it reduces their maintenance expenses. The RR
companies control the posting weight. One remedial option would be to have a determination made by a
licensed engineer that the emergency vehicles can safely cross the bridge. While this is permitted for all other
bridges (see attached statute) for some reason RR bridges were excepted from the statute. This appears to
me to be an example of good lobbying by the RR companies when this statute passed.
What I am requesting is that you seek to amend the statute to eliminate the exception for RR bridges. There
seems to be little or no public interest to be served by maintaining the exception, and there is in fact public
harm occurring because it exists. In the case of Flordon, there are about 2 emergency responses per month
that are significantly delayed, which is some cases can be a matter of life and death. Again, this is not a
unique circumstance.
I intend to bring this to the full Board this week, but wanted to alert you to this request.
Thank you.
Dennis
Dennis S. Rooker
1421 Sachem Place, Suite 3
Charlottesville, Virginia 22901
Phone (434) 977-7424, Fax 974-7600
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1/14/2008
II
LIS> Code of Virginia > 46.2-1130.1
Page 1 of 1
jJreviOLJ~ I n~xt
~ 46_.:z-1L3D__J. Overweight permits granted to cross bridges and culverts by certain emergency response
vehicles responding to an emergency call.
Notwithstanding the provisions of ~~ 46.2-Jl04 and 46.2-1130, emergency response vehicles, including
fire and emergency medical apparatus responding to and returning from an emergency call, may be
permitted to exceed the gross weight limit posted on a bridge or culvert, except those maintained by a
railroad, provided that a determination has been made by a licensed professional engineer, qualified in
the appropriate discipline, that the emergency response vehicle can safely cross that bridge or culvert
and that determination has been documented by the issuance of a written permit or letter of authorization
by the agency or entity responsible for the maintenance of that bridge or culvert.
The permitting agency or entity shall not be held liable for any damage or injury caused as a result of an
emergency response vehicle crossing a bridge or culvert while responding to or returning from an
emergency call under the conditions specified in the overweight permit pursuant to this section.
(2007, cc. 177,540.)
prg"ioLJ$ I ngxt Il1ew searcl1l table of c()ntents I home
file://C:\Documents and Settings\mhoy\Local Settings\Temporary Internet Files\OLK1 \Co... 1/1412008