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County of Albemarle
Department of Community Development
Memorandum
To: Bill Fritz, Development Process Manager
From: Amelia McCulley, Zoning Administrator
Date: June 8, 2015
Subject: Official Determination — SUB 2014 -141 Fontana Phase 4C Road Plans
This official determination is in response to your memo of April 30th and relates to the road plan
and subdivision plat applications under SUB2014 -141 Fontana Phase 4C. Your memo outlines
three primary questions and requests this determination for staff to complete their review of
these applications. The rezoning for Fontana Phase 4C (ZMA 2011 -01 and prior ZMA 2004-
008) requires an interconnection with Cascadia. The interconnection is initially required to be for
pedestrian and emergency access. It is also reserved for dedication upon demand by the
County for a public road connection between Fontana and Cascadia. A rezoning is required for
any of the following: a) removal of the interconnection; b) a major change in the location of the
interconnection, c) lowering the standards such that it is not dedicated upon demand by the
County for a future public road connection, or d) changing the timing of this requirement. Under
the current zoning approval, the interconnection has to be built or bonded with the first
chronological phase of development. I will explain more fully in the proceeding. This is a
determination that relates only to the requirements under the zoning of the property and does not
include any decision or determination regarding compliance with the County's Subdivision
Ordinance regulations, which are separate from any requirements under the Zoning Ordinance.
An appeal of this zoning determination shall not constitute an appeal or waiver of the Subdivision
Ordinance regulations.
Background for this Required Interconnection
The proffered plan for the Fontana Phase 4C rezoning includes this note on sheet 2:
*Pedestrian interconnection and emergency access. Reserved for dedication on
demand by the County for a public road connection between Fontana and Cascadia.
This accessway shall not be used for construction traffic.
This plan is proffered through Proffer #1 which states:
Conformity with Plans: Fontana Phase 4C shall be developed in general accord with the
plans entitled, "Fontana — Phase 4C Rezoning Plan," prepared by Terra Engineering and
Land Solutions, dated, July 30, 2007...
The Albemarle County Zoning Ordinance states within 33.7 OWNER- INITIATED ZONING MAP
AMENDMENTS; AUTHORITY TO ACCEPT PROFFERS:
e. Effect of proffers once accepted. Once proffered and accepted by the board of
supervisors in conjunction with an approved zoning map amendment, the proffers shall
Page 2
Memo to Bill Fritz Re: SUB 2014 -141 Fontana Phase 4C Road Plans
June 8, 2015
continue in effect until a subsequent zoning map amendment changes the zoning of the
parcels) subject to the proffers; provided that the proffers shall continue in effect if the
subsequent zoning map amendment is part of a comprehensive implementation of a new
or substantially revised zoning ordinance.
Proffer #1 originated with ZMA 2004 -018 approved by the Board on March 19, 2008. On
December 14, 2011 the Board approved ZMA 2011 -0001 Fontana Trail Proffer. This rezoning
changed proffer #10 relating to the pedestrian paths. The proffer statement includes the
language "All other proffers accepted in conjunction with ZMA 2004 -00018 remain in full force
and effect."
Zoning Requirements for Type of Interconnection
The explicit note on the proffered plan calls for a "pedestrian interconnection and emergency
access." Neither the note nor the proffer provide specific standards for this initial construction.
Therefore, the standards per the Design Standards Manual, the Subdivision Ordinance or other
relevant documents or regulations are applicable.
While the note also refers to dedication upon demand for a future public road, there appears to
be no requirement from this rezoning, that a public road be built by the developer of this project.
Implied in this requirement is that a preliminary road plan for a public road is necessary to assure
that the road right -of -way location, width, etc. are appropriate for the intended purpose of a
future public road interconnection with Cascadia.
As stated in the January 27, 2015 letter to Mr. Steve Driver and Mr. Mike Myers regarding
Official Request for Cascadia Connection from Megan Yaniglos and Christopher Perez, the
Subdivision Ordinance ( §14 -409) requires that an interconnection be designed, built or bonded
to public road standards. Relief from these Subdivision Ordinance requirements is a separate
action from either appealing this determination or rezoning to change the zoning requirements
for this interconnection. The process for relief from the Subdivision Ordinance requirements is
as outlined in page 2 of this letter.
Location for Interconnection
The location for the interconnection is as shown on the proffered plan. The plan shows the
"Cascadia connector" through parcel A on the application plan and on tax map 78E Parcel A
known as Fontana Phase 4C. The interconnection is located off the west side of Fontana Drive
extended. It is south of TM 78E Parcel 118 (shown on the application plan as "Ex. Lot 118 ") and
northwest of the intersection of Fontana Drive, Verona Court and Fontana Court.
A minor shift in the alignment of the interconnection is possible, provided that the new alignment
is in general accord and serves the same purposes as the location shown on the plan. A major
change to the location of the interconnection requires a rezoning.
Timing for the Interconnection
The pedestrian interconnection and emergency access must be built or bonded with the first
chronological plat of development within Fontana Phase 4C. There is no explicit language in
either the proffer or the plan which allows a delay in construction of this interconnection.
Furthermore, Albemarle County Code (Subdivision Ordinance) Section 14 -303 c requires that all
Page 3
Memo to Bill Fritz Re: SUB 2014 -141 Fontana Phase 4C Road Plans
June 8, 2015
exterior boundary lines be shown. Therefore, even if the subdivided lots in the initial phase do
not directly involve land in the area of the interconnection, it must still be provided and shown.
Requests for Any Changes to the Required Interconnection — from Elimination of the
Interconnection to Changes in Location, Design or Timing
An interconnection that initially establishes pedestrian and emergency access and that provides
for a future public road between neighborhoods, is a major element of this plan. Removal of the
interconnection, lowering the road type or delaying the interconnection — all require amendment
of the plan through rezoning.
The proffer requires "general accord" with the plan. The most relevant definition of "accord" is
"conformity." The most relevant definition of "general" is "marked by broad overall character
without being limited, modified or checked by narrow precise considerations : concerned with
main elements, major matters rather than limited details, or universals rather than particulars
approximate rather than strictly accurate." Because the type and general location of the
interconnection is a major element of the plan, a change in either would not remain in general
accord with the proffered plan.
Section 8.5.5.3 VARIATIONS FROM APPROVED PLANS, CODES, AND STANDARDS OF
DEVELOPMENTS provides guidance for variations which qualify as special exceptions. This
includes "minor changes to street design and street location." Elimination of an interconnection
such as this, does not fall within the provision for a special exception.
A copy of this determination is being provided to the owner of the subject property. Therefore,
the standard appeal language is applied to this memo. A copy of the letter referenced above
outlining the options regarding the Subdivision Ordinance requirements, is attached to this
memo.
If you are aggrieved by this determination, you have a right to appeal it within ten (30) days of
this notice, in accordance with Virginia Code § 15.2 -2311; provided, however, that a ten (10) day
appeal period applies to appeals of decisions pertaining to temporary or seasonal commercial
uses, and such appeals shall be filed within ten (10) days after this decision. If you do not file a
timely appeal, this determination shall be final and unappealable.
An appeal may be taken only by filing an appeal application with the Zoning Administrator and
the Board of Zoning Appeals, in accordance with Albemarle County Code § 18 -34.3, along with
a fee of $240 plus the actual cost of advertising the appeal for public hearing. Applications for
Appeal of the Zoning Administrator's Determination are available at the Department of
Community Development located at 401 McIntire Road, Charlottesville, Virginia 22902 or online
at www.albemarle.org /cdapps. This form applies to appeals of decisions of the zoning
administrator or any other administrative officer pertaining to the Zoning Ordinance. Regulations
pertaining to the filing of an appeal to the Board of Zoning Appeals are outlined in Albemarle
County Code § 18 -34.3, which may be reviewed online at www .albemarle.org /countycodebza.
Attachment A: Portion of Fontana 4C Application Plan Regarding Interconnection
Attachment B: Official Request for Cascadia Connector letter dated January 27, 2015 from
Megan Yaniglos and Christopher Perez
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COUNTY OF ALBEMARLE
Department of Community Development
401 McIntire Road, North Wing
Charlottesville, Virginia 22902 -4596
Phone (434) 296 -5832 Fax (434) 972 -4126
January 27, 2015
Mr. Steve Driver and Mr. Mike Myers:
RE: OFFICIAL REQUEST FOR CASCADIA CONNECTOR
Mr. Driver and Mr. Myers,
This letter is to officially request that the owner /developers of the proposed Cascadia and
Fontana 4C developments work together to design and build the "Cascadia Connector ", in the
location that was shown on each of the approved rezoning plans (ZMA2002 -004 Cascadia and
ZMA2004 -018 Fontana 4C).
During the rezoning of both the developments, a connection was shown on the application plans
and stated that it would be made subject to the request/demand from the County. Currently,
both Cascadia and Fontana 4C have plans under review in the area where the connector is to
be located. Therefore, we are now requesting that this connection be designed and shown on
the road plans, site plans, and subdivision plats for Fontana 4C and Cascadia.
This connection is a requirement of §14 -409 of the Subdivision Ordinance for the Coordination
and Extension of Streets. The road shall be designed, built or bonded to public road standards,
and include sidewalks and planting strips in accordance with §14 -410 and §14 -411 to the
property line within each development. In order to accomplish this, the design should be
coordinated between the developments. Cascadia has approved road plans for a portion of this
road, and this standard should be used in both developments for the full public road connection.
The approved road section is attached to this letter.
Also attached to this letter is information concerning variations and exceptions to this
requirement.
If you have any questions or concerns about this letter, or its contents, please contact either
Christopher Perez (Fontana 4C) or Megan Yaniglos (Cascadia) lead reviewers for each of your
projects.
Sincerely,
Megan Yaniglos Christopher Perez
Senior Planner Senior Planner
Cc: Southern Development (Keith Lancaster and Charlie Armstrong); Anthony Nichols
Process and Ordinance Sections for Variations and /or Exceptions from the required
Cascadia Connector:
1) If the owner /developer would like to request a variation to the road standards to not
include sidewalk and /or planting strips, then a request shall be made under §14- 422(E)
and (F). This request is required to go to the Planning Commission for approval. A fee of
$830 is required for this request.
2) If the owner /developer would like to request to omit the Cascadia Connector all together,
per discussions with the Zoning Administrator, the roadways are major elements of the
rezoning, and the only way to facilitate the omission of this requirement would be
through an amendment to the rezoning.
3) If the owner /developer would like to request to not to build the Cascadia Connector, but
instead dedicate the right of way to the property line, a variation /exception of the
extension requirement as provided for in §14- 409(D) would need to be requested. This is
an Agent approved variation /exception, if the Agent approves the variation /exception the
items listed in §14 -409 (D)(3) shall be required. A fee of $830 is required for this request.
ALBEMARLE COUNTY CODE
See. 14 -406 Remnants.
Remnants shall not be created by the subdivision of land. All pre - existing remnants shall be
eliminated when the land is subdivided.
(8- 28 -74; 2 -4 -81; § 1.8 -33, 9 -5 -96; § 1.4 -507, Ord. 98 -A(1), 8 -5 -98; § 14 -406, Ord. 05- 14(1), 4- 20 -05,
effective 6- 20 -05)
State law reference --Va. Code § 15.2- 2241(3).
See. .1.4-407 Block width.
Each block within a subdivision shall be wide enough to allow two (2) tiers of lots of the
minimum depth allowed by the applicable provisions of the zoning ordinance fronting on all streets.
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 and determining whether the findings provided in
section 14 -203.1 can be made, the agent shall consider whether the creation of two (2) tiers of lots of the
minimum depth are prevented by topographical conditions or the size of the property.
(8- 28 -74; § 18 -34, 9 -5 -96; § 14 -508, Ord. 98 -A(1), 8 -5 -98; § 14 -407, 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 - -Va. Code §§ 15.2- 2241(3), 15.2- 2242(1).
Sec. 14 -408 Block orientation.
Blocks within a subdivision shall meet the following minimum requirements:
A. If the property is adjacent to a major highway, the agent or the commission, as the case
may be, may require that the greater dimension of a block adjacent to the major highway front or back upon
the major highway to avoid unnecessary ingress or egress.
B. A block designed for business or industrial purposes shall be designed specifically for
those purposes, with adequate space set aside for both off - street loading and delivery facilities required by
the zoning ordinance.
( §3, 8- 28 -74; § 18 -35, 9 -5 -96; § 14 -509, Ord. 98 -A(1), 8 -5 -98; § 14 -408, Ord. 05- 14(1), 4- 20 -05, effective
6- 20 -05)
State law reference - -Va. Code § 15.2 - 2241(3).
DIVISION 2. STREETS AND ALLEYS
See. .1.4-409 Coordination and extension of streets.
Public streets within the development areas shall be coordinated and extended as follows:
A. Coordination. All public streets within a subdivision shall be coordinated as to location,
width, grades and drainage with other public streets, as follows: (i) by coordinating with existing or
planned streets within the general area of the subdivision, including but not limited to existing or fixture
adjacent subdivisions, or subdivisions contiguous to such adjacent subdivisions; and (ii) by continuing the
public streets to planned, existing, or platted streets into adjoining areas by dedication or reservation of
right of way adequate to accommodate continuation of the streets.
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Supp. #31, 7 -14
ALBEMARLE COUNTY CODE
B. Extension. All public streets within a subdivision shall be extended and constructed to
the abutting property lines to provide vehicular and pedestrian interconnections to fixture development on
adjoining lands, terminating within the Subdivision with a temporary turnaround. The arrangement of the
public streets shall provide adequate access to adjoining lands within the subdivision where necessary to
provide for the orderly development of the county including, but not limited to, reserving temporary
construction easements of sufficient area to accommodate the future completion of the street when the
adjoining lands are developed.
C. Variation or exception by Commission of coordination requirement. The requirements of
subsection (A) may varied or excepted by the commission as provided in section 1.4 -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. Informationn 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
the nearest development and rural area boundaries, and the maximum number of lots proposed in the
subdivision.
2. Consideration. In reviewing a request for a variation or exception under section
14- 203.1, the commission shall consider: (i) the engineering requirements for coordination and connection;
(ii) whether the need for coordination and connection outweighs the impacts on environmental resources
such as streams, stream buffers, steep slopes, and floodplain; (iii) whether the street would and should be
extended into the rural areas; (iv) whether there is an alternative street connection from another location in
the subdivision that is preferable because of design, traffic flow, or the prornotion of the goals of the
comprehensive plan, including the neighborhood model, and the applicable neighborhood master plan; and
(v) whether the variation or exception would enable a different principle of the neighborhood model to be
satisfied to a greater extent so that the overall goals of the neighborhood model are more fully achieved.
D. Variation or exception by agent of extension requirement. The requirements of
subsection (B) 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 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) identification of
the location of the nearest development and rural area boundaries and the maximum number of lots
proposed in the subdivision.
2. Consideration. In reviewing a request for a variation or exception under section
14- 203.1, the agent shall consider whether: (i) extending the street to the abutting property line would
require offsite easements; (ii) the need for the extension outweighs the impacts on environmental resources
such as streams, stream buffers, steep slopes, and floodplain; (iii) alternative connections to the abutting
lands from a different location would provide a better connection; (iv) the subdivider would contribute to
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Supp. #31, 7 -14
ALBEMARLE COUNTY CODE
the cost to complete the extension to the abutting property line when the adjoining lands are developed, and
how; and (v) the street would be extended into the rural areas,
3. Requirements if variation or exception granted. Tf the agent grants the variation
or exception: (i) the public street shall be constructed past the point at which the primary structures on the
lots abutting the street would rely on the finished grade for landscaping and other improvements, but in no
case less than thirty (30) feet beyond the curb line or ditch line on those lots; (ii) the subdivider shall
dedicate the required right of way to the abutting property line, along with all easements required to allow
the street connection to be constructed in the future; (iii) the required easements shall prohibit any
improvements being established therein; (iv) the subdivider shall provide a surety guarantee or an escrow
of finds for its share of the cost to complete the extension if determined by the agent to be necessary; the
type of surety guarantee or the escrow shall be acceptable to the county engineer and be approved by the
county attorney; and (v) the agent may require that the subdivider install and maintain a sign at the end of
the constructed portion of the street stating that the street is a future through street, and that the sign is
maintained until the county grants final approval of extending the street to the abutting property.
(8- 28 -74; 3- 29 -78; 11- 21 -79; § 18 -37, 9 -5 -96; § 14 -510, Ord. 98 -A(1), 8 -5 -98; § 14 -409, 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 - -V1. Code §§ 15.2- 2241(2), (4), 15.2- 2242(1).
Sec. .1.4-410 Standards for all streets and alleys.
The following minimum design standards shall apply to all streets and alleys within a subdivision:
A. Layout. Each street shall be configured, to the extent practicable, to conform to the
natural topography, to minimize the disturbance of 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 1.4 -409.
13. Angle of intersection. An angle of intersection of not less than eighty (80) degrees is
acceptable; however, a perpendicular intersection, where practical, is preferred, The county engineer may
grant an exception to this requirement for a private street in accord with American Association of State
Highway and Transportation Officials guidelines.
C. Temporary turnarounds. Streets more than three hundred (300) feet in length from an
intersection, or proposed to serve more than four (4) dwelling units that terminate temporarily shall be
provided with a temporary turnaround meeting American Association of State Highway and Transportation
Officials guidelines. The temporary turnaround shall. be extended to the abutting property line unless a
waiver is granted as provided in section 14- 409(D). The temporary turnaround shall exist until the street
extensions are accepted into the secondary system of state highways.
D. Alleys. Alleys with a right -of -way or easement width of not less than twenty (20) feet
may be provided in the rear or side of all conunercial, industrial, and residential lots. The design
specifications shall be determined by the county engineer, subject to the following: (i.) the alley design shall
allow emergency services vehicles such as police cars and ambulances to use the alley; and (ii) an alley
need not be designed to accommodate the largest emergency services vehicles, except that if firetrucks do
not have adequate access to one or more lots from a street, the county engineer shall require that the alley
be designed to accommodate firetrucks. The agent may authorize an alley to be established with a right -of-
way or easement width of less than twenty (20) feet if the county engineer determines that the proposed
design incorporates features that assure public safety and welfare, The county engineer shall consider the
provision of adequate access to required onsite parking and /or garages, unimpeded vehicular circulation
along the alley, an adequate clear zone along the alley, and other safety issues deemed appropriate for the
conditions, Alley rights -of -way may either be established as privately held fee simple interests or as
privately held easements.
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Supp. #31, 7 -14
ALBEMARLE COUNTY CODE
E. Reserved or spite strips. Reserved or spite strips restricting access from adjoining lands
to an existing or future street or alley shall not be permitted; provided that nothing herein shall prohibit
areas for scenic planting and landscaping where adequate access to the adjoining lands is otherwise
available.
F. Principal means oJ'access to subdivision. The principal means of access to a subdivision
shall be either a public street or a private street. The principal means of access shall conform, in the case of
a public street, to Virginia Department of Transportation standards, or, in the case of a private street, to the
standards of the county as set forth in section 14 -412, throughout the street's length, including any distance
between the boundary of the subdivision and any existing public street. If discharge water of a twenty -five
(25) year storm could be reasonably anticipated to inundate, block, destroy or otherwise obstruct a principal
means of access to a residential subdivision, the following shall also apply:
1. The principal means of access shall be designed and constructed so as to provide
unobstructed access at the time of flooding; and /or
2. An alternative means of access which is not subject to inundation, blockage,
destruction or obstruction, and which is accessible from each lot within the subdivision shall be
constructed.
G. Drainage. Adequate drainage control shall be provided for streets by installing culverts
under streets; side, lead, or outlet ditches; catch basins; curb inlets; or any other devices, including piping,
as determined to be necessary by the county engineer. All of these improvements shall meet the standards
of the county or, in the event no county standards exist, Virginia Department of Transportation standards.
H. Curb, curb and gutter, sidewalks and planting strips. In the development areas, streets
shall be constructed with curb or curb and gutter, sidewalks and planting strips. Sidewalks and planting
strips shall designed and constructed in compliance with section 14 -422.
I. Variationn of or exception to requirement for curb or curb and gutter. The requirement
for curb or curb and gutter 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. Informationn 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 f ve (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 maximum
number of lots to be served by the rural cross - section street, the location of the nearest development and
rural area boundaries, and a cross - section of existing streets to which the proposed subdivision streets
would be extended, if any.
2. Consideration. In reviewing a request for a variation or exception under section
14 -203.1 to allow a rural cross- section (no curb and no curb and gutter) instead, the commission shall
consider: (i) the number of lots in the subdivision and the types of lots to be served; (ii) the length of the
street; (iii) whether the proposed street(s) or street extension connects into an existing system of streets
constructed to a rural cross - section; (iv) the proximity of the subdivision and the street to the boundaries of
the development and rural areas; (v) whether the street tenninates in the neighborhood or at the edge of the
development area or is otherwise expected to provide interconnections to abutting lands; (vi) whether a
rural cross - section in the development areas furthers the goals of the comprehensive plan, with particular
emphasis on the neighborhood model and the applicable neighborhood master plan; (vii) whether the use of
a rural cross - section would enable a different principle of the neighborhood model to be more frilly
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Stipp. ##31, 7 -14
ALBEMARLE COUNTY CODE
implemented; and (viii) whether the proposed density of the subdivision is consistent with the density
recommended in the land use plan section of the comprehensive plan,
((§ 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. 1.344(1), 12 -4 -13, effective 1 -1 -14; Ord. 14- 14(2), 3 -5 -14)
State law reference - -Va. Code §§ 15.2- 2241(4), 15.2 - 2242(1), 15.2- 2242(3)
Sec. 14 -411 Standards for public streets only.
In addition to the minimum design requirements set forth set forth in section 14 -410, all public
streets within a subdivision shall be designed and constructed according to Virginia Department of
Transportation standards.
For all public streets to be coordinated and extended as provided in section 14 -409, the agent may
allow a public street to be constructed at less than the ultimate pavement width, provided the street meets
public street standards for the lots to be served by the streets. In determining whether to require the
ultimate pavement width, the agent shall be guided by the size of the subdivision, the street length and the
types of lots to be served relative to the cost of providing the ultimate width.
((§ 14-511: § 5, 8- 28 -74; 5- 10 -77; 10- 19 -77; § 18 -38, 9 -5 -96; § 14 -511, Ord. 98 -A(1), 8- 5 -98)(§ 14 -513: 8-
28 -74: 5- 10 -77; 10- 19 -77; § 18 -39, 9 -5 -96; § 14 -513, Ord. 98 -A(1), 8 -5 -98) §§ 14 -51.1, 14 -513; § 14 -411,
Ord. 05- 14(1), 4- 20 -05, effective 6- 20 -05)
State law reference - -Va. Code § 15?- 2241(4).
Sec. 14 -412 Standards for private streets only
In addition to the minimum design requirements set forth in section 14 -410, the following
minimum design requirements shall apply to private streets authorized by this chapter:
A. Residential private streets. Each private street serving detached residential uses
authorized under sections 14 -232 or 14 -233 shall satisfy the following:
1. Streets serving two lots. Each private street serving two (2) lots: (i) shall not
exceed a sixteen (16) percent grade calculated over a distance of fifty (50) feet; (ii) shall have a travelway
that is at least ten (10) feet in width; and (iii) 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 subdivider shall demonstrate to the satisfaction of the county engineer
that the street will meet the requirements of this subsection.
2. Streets serving three to five lots. Each private street serving three (3) to five (5)
lots shall satisfy the following: (i) vertical centerline curvature shall meet a minimum design K value of
five (5) for crest curves and fifteen (15) for sag curves; (ii) sight distances shall. not be less than one
hundred (100) feet; (iii) turnarounds shall be provided at the end of each street per American Association of
State Highway and Transportation Officials guidelines; (iv) sheet easements or right -of -way widths shall
be thirty (30) feet minimum; and (v) the radius for horizontal curvature shall be forty (40) feet or greater,
unless otherwise authorized by this chapter. Any standard in this paragraph (2) may be reduced to the
standard for streets serving two (2) lots where a driveway departs from the street and two lots remain to be
served, and a turnaround is provided. In addition, the following shall also apply:
(a) Private streets in the rural areas. For such private streets in the rural
areas: (i) travelway widths shall be fourteen (14) feet minimum, with three (3) feet minimum shoulder
widths, and a minimum of four (4) feet from the edge of the shoulder to the ditch centerline; (ii) the grade
shall not exceed sixteen (16) percent calculated over a distance fifty (50) feet; (iii) if the grade of any
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ALBEMARLE COUNTY CODE
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. 1.3- 14(1), 12 -4 -13, effective 1 -1 -14; Ord. 14- 1.4(2), 3 -5 -14)
State law reference - -Va. Code §§ 15.2 - 2241(4), 15.2- 2242(1),
Sec. 14 -421. Monuments.
The subdivider shall have monuments set as follows:
A. All boundaries, both exterior and interior, of the original survey for the subdivision shall .
be monumented as provided in 1.8 VAC § 10- 20- 370(B), a copy of which shall be on file in the department
of community development.
B. No monuments other than those required by paragraph (A) shall be required to be set
before recordation of the final plat or the conveyance of land by reference to plat if the professional
engineer or land surveyor includes in his certification on the plat that any additional monuments required
by this chapter shall be set on or before a specified later date.
C. The setting of any monument at any time after recordation of the final plat shall be
established both at law and in equity, at prorated positions as determined from direct remeasurements
between the established monuments of record rather than as precisely stated or shown on the recorded plat.
D. The subdivider shall be responsible for resetting any monument on the property which is
damaged, disturbed or destroyed during construction of any improvements required by this chapter.
((§ 18 -39 (part): 8- 28 -74; 5- 10 -77; 10- 19 -77; § 18 -39, 9-5-96)(§18-55 (part): § 8, 8- 28 -74; 2 -4 -81; § 18 -55,
9- 5 -96); §§ 18 -39, 18 -55; § 14 -524, Ord, 98 -A(1), 8 -5 -98; § 14 -421, Ord. 05- 14(1), 4- 20 -05, effective 6-
20-05)
State law reference - -Va. Code § 15.2- 2241(7).
See. .1.4-422 Sidewalks and planting strips.
Sidewalks and planting strips shall be provided as follows:
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.
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ALBEMARLE COUNTY CODE
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, steep slopes,
floodplain, or wetlands, or because lots are provided on only one side of the street; (iv) the sidewalks
reasonably can connect into an existing or fixture 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.
P. 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;
14 -67
Supp. #31, 7 -14
ALBEMARLE COUNTY CODE
(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- 1.9 -77; § 38 -39, 9 -5 -96; § 14 -422, Ord. 98 -A(1), 8 -5 -98, § 1.4 -525; Ord. 05- 14(1), 4-
20-05, effective 6- 20 -05; Ord. 13- 14(1), 12 -4 -13, effective 1 -1 -14; Ord. 14- 14(2), 3 -5 -14)
State late reference - -Va. Code §§ 15.2 - 2241(5), 15.2 - 2242(1).
Sec. 14 -423 Street signs.
Signs identifying the name of each street within a subdivision shall be installed and maintained as
provided in chapter 7 of the Code.
(§ 14 -526, Ord. 98 -A(1), 8 -5 -98; § 14 -423, Ord. 05- 14(1), 4- 20 -05, effective 6- 20 -05)
State law reference - -Va. Code § 153 -2019.
DIVISION 4. CONTRIBUTIONS, DEDICATIONS, RESERVATIONS AND TRANSFERS
Sec. 14 -424 Contributions for off -site improvements.
Each plat for subdivision may be approved on the condition that the subdivider contributes a pro
rata share of the cost of the following off -site improvements:
A. Each subdivider shall pay to the board of supervisors his pro rata share of the cost of
providing reasonable and necessary sewer, water and drainage improvements not located on the property if
they are necessitated or required, at least in part, by the construction or improvement of the subdivision,
provided that: (i) no payment shall be required until the county establishes a general sewer, water and
drainage improvement program for an area having related and common sewer, water and drainage
conditions and within which the property is located or the board of supervisors has committed itself to such
a program is located; and (ii) the program complies with the requirements of Virginia Code § 15.2 -2243.
B. Each subdivider may voluntarily contribute and the board of supervisors may accept
funds for off -site street improvements substantially generated and reasonably required by the construction
or improvement of the subdivision. The determination of whether the need for an improvement is
substantially generated by the subdivision shall be made by the agent, who shall consult with the county
engineer and the county attorney prior to making the determination. In determining whether the need for
an improvement is substantially generated by the subdivision, the agent shall consider whether: (i) the
impact of the subdivision would create a threat to the public health, safety or welfare if not addressed by
the improvement; (ii) the improvement is identified in the county's capital improvement program,
including its six (6) year road plan; (iii) the improvement is identified in the comprehensive plan as a
needed or desired improvement; and (iv) the need generated is more than an incremental effect that would
otherwise result, as determined by annual population growth, vehicular traffic, or other appropriate criteria.
(§ 3, 8- 28 -74; 12- 20 -78; 2- 4 -81; 1-3 -96; § 18 -22, 9 -5 -96; § 14 -401, Ord 98 -A(1), 8 -5 -98; § 14 -424, Ord.
05- 1.4(1.), 4- 20 -05, effective 6- 20 -05)
State law reference - -Va. Code §§ 15.2- 2242(4), 15.2 -2243.
14 -68
Supp. #31, 7 -14
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